Why is my insurance company offering me a settlement and shouldn’t I get compensated from the other driver's insurance? 4 Answers as of May 02, 2016

I was just in a recent auto accident. Other driver ticketed and does have insurance. Almost immediately, I was offered a settlement after making a claim. I didn’t expect a settlement and didn't understand why. I do have injuries. Low back pain. My doctor sent me for an x-ray. X-ray showed Schmorl's nodes due to trauma. I need more tests, physical therapy and also back to a psychiatrist. My records show a phobia of driving (part of my PTSD), obviously a crash made my PTSD worse now. My claims agent is threatening an investigation (prior preexisting condition that I have. Fibromyalgia. I laughed at that). If I don't sign now. I thought if anything, the other driver’s insurance would pay my medical and/or any expenses? I have Medicare, Medicaid, disabled since 2008. I'm 29.

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Downriver Injury and Auto Law | Michael Heilmann
A driver buys insurance to protect against claims from their negligence. Do not settle quickly because once you settle you cannot go back a second time for money. Medicare won't pay a dime for auto injury by law. If they paid, you have to pay them back. You need a lawyer especially with pre existing conditions.
Answer Applies to: Michigan
Replied: 5/2/2016
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer. Something smells very bad. I cannot put my finger on it, but if you are reporting the facts accurately, this doesn't seem right. No legitimate insurance company adjuster would make threats like that.
Answer Applies to: Michigan
Replied: 4/29/2016
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
In Michigan, it is your own vehicle insurer that pays for any wage loss (sounds like you have none), medical expenses for crash related treatment and for replacement services (hiring chores done if your doctor confirms you can't do them due to crash related injuries). It is the other vehicles/drivers insurer(s) that pay any pain & suffering claim if you are able to show that you suffered a serious impairment of a body function. If your insurer offering a settlement and asking you to sign a release, that is unusual, and it typically is not a good idea for you to release your own insurer for No Fault Benefits. If it is the other persons insurer, a settlement may, or may not, be a good idea, primarily depending on the amount being offered relative to how liability looks and how your damages look. You'd likely be best served by consulting a local attorney that regularly handles car crash cases before you make any decisions, sign any releases or otherwise settle any claims.
Answer Applies to: Michigan
Replied: 4/29/2016
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
No fault is a complex area.
Answer Applies to: Michigan
Replied: 4/29/2016
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