His insurance has paid for my medical bills to date but I would like to settle for cash payout. how do I do this.
I have been recieving treatment for back and neck injuries and now having chronic headaches.
2006-10-09 06:38:45 · 14 answers · asked by funtoplayheidi 1 in Cars & Transportation ➔ Insurance & Registration
Get a lawyer who deals with car insurance claims a lot. He will talk with the driver's insurance adjustor. He will probably earn far more than his fee of 1/3 for you. Insurance companies are very stingy when dealing with individuals without lawyers, but they tend to open their pockets when a lawyer is involved. It is almost certain that you will come to terms without ever going to court if you are in the U.S.
2006-10-09 12:26:30 · answer #1 · answered by Nick â? 5 · 5⤊ 0⤋
What do you mean his insurance has been paying the medical bills? Its representative should also be attempting to settle the liability issue and the property damage if there is any. What have they offered you? How long ago did this occur? You have a right to sue which may be foreclosed if you wait too long (statute of limitations). You should be demanding a settlement from the other driver's insurance company--something like 3-5 times the medical costs and if you are still undergoing treatment, then you also have to factor in future medicals into that demand. Also include in the damages lost work time, all incidental costs not reimbursed by the insurance company.
What do you mean a cash pay out? Are they offering you a lump sum on the medicals or are they offering a lump sum settlement? Have you signed anything yet? You need to see a lawyer about this quickly.
Also, the other driver's insurance is probably insufficient to cover his liability to you--if he's carrying the minimum he may only have about $20,000 in coverage. You can sue him for much more than his insurance. So don't settle cheaply, especially if you are still having symptoms and undergoing treatment. You really need a lawyer to represent you.
You are entitle to pain and suffering, so don't just calculate on you medical bills here. Also, you didn't say whether this was a two car or one car accident....are you the passenger in a vehicle with a DUI driver? You may have some responsibility yourself if you got into a car with somebody who had been drinking....most states have was called comparative liability--and if you contributed to your own injuries by knowingly getting into a car with a driver who had been drinking, you may find your chances for recovery substantially reduced.
Also, the numskull who told you that hiring a lawyer will cost you money here, is wrong. Most personal injury attorneys take their cases for plaintiffs on a contingency basis--that means they only charge you if/when you get a judgment, in which case they take 33 to 40% (depending on when the case settles or goes to trial). The only thing you would pay would be costs (which can run high, but which frequently are not charged until a judgment is received). Most PI attorneys give free consults, so take advantage and discuss your case with a qualified attorney.
And the person above who said just let them keep paying is wrong...First off if they stretch this out past your time to sue, you are in deep trouble after the statute of limitations runs. Second, they will only keep paying up to the limits of the policy and that can run out quickly if you have any substantial medical bills.
--Lawyer here.
2006-10-09 06:46:10 · answer #2 · answered by William E 5 · 0⤊ 0⤋
Your chronic headaches are a good reason NOT to settle for a cash payout.
Until you find the cause of the headaches, you can't KNOW what kind of medical expenses you face, in the future. The insurance company will not agree to any kind of settlement unless you release them from ANY future claims, due to the wreck. If you fine, later, some undetcted injury from the incident, causing the headaches, that insurance compay will NOT owe you a dime, no matter how much your medical bills may be.
In any case, if you can't personally convince the insurance company to settle, then you WILL need an attorney, bit I'd bet his first advice will be to try to talk you out of it. Even if he takes your case, remember that he will be taking 30 to 40% of the settlement in his fees.
2006-10-09 06:59:27 · answer #3 · answered by Vince M 7 · 0⤊ 0⤋
Get an attorney ASAP if you haven’t yet, Do not settle too quickly even if your lawyer advises you to. Insurance will investigate you financially and make an offer. Low if you are relatively poor or have a large debt to income ratio. General rule of thumb, never accept the first offer and never release an insurance co. from medical liability. You may even have to personally sue the driver and the establishment that served. Also get the police report, you need to know the B.A.C. of the driver there is a difference between negligence and poor judgment. The B.A.C. this factor will help to determine who and how far to pursue this.
2006-10-09 06:55:59 · answer #4 · answered by MRR 1 · 0⤊ 0⤋
You don't need an attorney, but that's your choice. If you are eligible for a pain and suffering claim against the driver, that is done at the end of your treatment. If you are still treating, you can't settle, because you have to sign a release, and the insurance company normally does not settle if there is future care. You should call them and indicate you want to pursue a claim. They will let you know if you are eligible and explain the process to you.
2006-10-09 10:08:20 · answer #5 · answered by Chris 5 · 0⤊ 0⤋
Ok...for starters, you didn't just win the lottery, so get any ideas of big money cash settlements out of your mind....not gonna happen. What you need to do is consult a personal injury lawyer (initial consults are free) to determine if you have a case; if you do, then be prepared to give at leeast a third of the payout to the attorney...and if you don't, then be happy that they are paying the bills.
2006-10-09 08:22:47 · answer #6 · answered by answerman63 5 · 0⤊ 0⤋
With back and neck injuries, and headaches, I wouldn't be in a hurry to settle. You'd be releasing them from any future problems
2006-10-09 06:51:04 · answer #7 · answered by Papa John 6 · 0⤊ 0⤋
From what you could have mentioned it sound like your brother is at fault. He was once coming from a minor avenue so it his accountability to deliver strategy to trafic at the twin carriageway. However, relying on visibility, the driving force who hit him sucks. Surely he would have braked and bogged down, or swerved and have shyed away from him. Talking on a telephone, might be.
2016-08-29 05:35:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You need to hire a lawyer. But that will cost you unless you include the lawyers fees in the settlement.
2006-10-09 06:41:49 · answer #9 · answered by rex_rrracefab 6 · 0⤊ 0⤋
A lawyer would be able to look into this for you in the best way, one specializing in medical conflicts.
2006-10-09 06:43:09 · answer #10 · answered by pariah6.9you 3 · 0⤊ 0⤋