How to make a settlement to cover pain and suffering and miscellaneous expenses? 17 Answers as of October 22, 2013

I was involved in a hit and run car accident as a passenger and my driver was at fault. Her insurance is now offering me a low settlement for the amount my health insurance paid. From this accident, I was diagnosed with acute PTSD and anxiety and lower back pain. I was given pain medications and antidepressants. I had also went to physical therapy. They want to give me zero for my pain and suffering and out of pocket money I spent for gas to my appointments. Can they do that? What should I do?

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If your driver was at fault you are entitled to consideration for all the above. Some something is missing here, why don't you see a lawyer and let him figure it out.
Answer Applies to: North Carolina
Replied: 10/22/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
In Michigan, it is YOUR vehicle insurer that pays your medical expenses and medical mileage, NOT the insurer of your host driver (unless you had no motor vehicle insurance and did not live with a relative that had PIP insurance). The at fault drivers liability insurance will pay your pain & suffering if you can prove you suffered a serious impairment of a body function through medical testimony. They will pay up to the limits of liability, but no more. Typically they will not offer any settlement if your injuries don't meet the threshold or will typically offer less than the limits if they think your injuries meet the threshold. You may need counsel to review the matter to give you some advice on the viability/reasonable range of settlement as to your claim.
Answer Applies to: Michigan
Replied: 10/22/2013
Law Offices of John W. Merting, P.A.
Law Offices of John W. Merting, P.A. | John W. Merting
Insurance companies can and do just that thousands of times a day- they are not the United Way or the Red Cross and they are not here to help you, but to help themselves! You can either take their low ball offer or hire a competent and respected auto crash attorney who only represents plaintiffs and fight the insurance company- These companies have no obligation to be fair to you ,only to their company and its stockholders.
Answer Applies to: Florida
Replied: 10/22/2013
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
Since the insurance company of the driver that caused the accident will not offer you a fair settlement, which is typical, you need to contact an injury lawyer to represent you so you will get compensated fairly.
Answer Applies to: Utah
Replied: 10/22/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
In Alabama, the guest passenger statute would prevent you from recovering from the driver unless you could show the driver was grossly negligent. You could recover med pay benefits, though, regardless of fault. They only pay for medical bills. However, uninsured motorist benefits would pay for the liability of the hit and run driver, which would include pain and suffering. Good luck.
Answer Applies to: Alabama
Replied: 10/22/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    They can do that. You can demand more. If they will not pay more, you should consider retaining an attorney. Ultimately, you can file a law suit if you cannot settle the case.
    Answer Applies to: South Carolina
    Replied: 10/22/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    What you can do is to get s lawyer and sue.
    Answer Applies to: Michigan
    Replied: 10/22/2013
    Law Office of William Stoddard | William Stoddard
    Prepare to go to trial.
    Answer Applies to: Washington
    Replied: 10/22/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Well what you should do is to arrange to meet personally with a lawyer and discuss your claim further with him/her.
    Answer Applies to: Illinois
    Replied: 10/22/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    The amount you paid for gas to your appointments is not recoverable. However, you are entitled to compensation for your medical expenses (regardless if your health insurance paid it or not), pain and suffering, and mental anguish. I would have to gather more facts in order to properly address the different issues in your particular claim. However, it is not uncommon for unrepresented people to get the run-around on their claims. My recommendation is to contact a personal injury lawyer. The consultation is free and you can at least get to discuss all of your options. I just had a client who tried to handle her case for almost two years with absolutely no results. I took her case, filed a lawsuit, and we entered into a settlement with the insurance company two weeks later. When you handle the case yourself, it's like bringing a knife to a gun fight.
    Answer Applies to: Texas
    Replied: 10/22/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    An insurance company can do whatever you let them do. If you don't like what the insurance companies offering, you should consult an experienced personal injury lawyer. This is the only way you can balance the playing field, and honestly find out what your case is realistically worth. If you don't do that, the insurance company has a huge advantage on you.
    Answer Applies to: Iowa
    Replied: 10/21/2013
    Di Giacomo & Gruss | Christopher Di Giacomo
    You can pursue a claim against the other driver or pursue a claim under your driver's personal protection plan coverage or the driver of your car personal insurance.
    Answer Applies to: Massachusetts
    Replied: 10/21/2013
    ROBOL LAW OFFICE | RICHARD T. ROBOL
    1) Yes, the insurance company is not obligated to make you an offer that you consider acceptable. 2) You should ensure that the counsel representing your interests has all material information, including information regarding the nature of your injury; your diagnosis with acute PTSD, anxiety and lower back pain; and the insurance company's offer. You should instruct your counsel to attempt to negotiate a settlement that makes you whole. If that is not practicable, you should instruct your counsel to file legal proceedings on your behalf against the responsible parties.
    Answer Applies to: Ohio
    Replied: 10/21/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    No, they cannot. They are purposely low-balling you because you are not represented by counsel. Find a good personal injury attorney to make your case, and know that you are entitled to the following: 1) Lost income 2) Disability 3) Pain and Suffering 4) Medical Expenses (Past, Present, Future) 5) Disfigurement PTSD is crucial. Insurers tend to dispute psychological harms, but it sounds like you have a good record. They may depose your doctor to find out more.
    Answer Applies to: Illinois
    Replied: 10/21/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    I feel like a broken record! I've said many times in this forum that Insurance companies will take whatever advantage they can. You will be much better off with a lawyer who specializes in injury work.
    Answer Applies to: California
    Replied: 10/21/2013
    DUSTIN DEISSNER
    DUSTIN DEISSNER | DUSTIN DEISSNER
    You should hire a lawyer and sue, you are right that is not fair.
    Answer Applies to: Washington
    Replied: 10/21/2013
    End, Hierseman & Crain, LLC | J. Michael End
    The insurance company can do whatever it wants to do. They have the money. I think you should try to find a lawyer to help you with your claim. Otherwise, the insurance company will not pay you fair compensation. Keep in mind that the statute of limitations for injury cases in Wisconsin is three years from the date of the accident.
    Answer Applies to: Wisconsin
    Replied: 10/21/2013
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