It has been 1 1/2 years since i slipped and fell at a grocery store and i am still getting the "run around". I twisted and prang my anke & wrist when i slipped on a melted bag of ice. I had to drive myself to the hospital because the ambulance could not transport my children. I was asked to pay CASH for medical treatment at the emergency room so i waited until the next moring to see my regular dr. for x-rays. (spranged anke & wrist). It took over 1 year to get a claim number to seek out medical attention due to my constant paid to my upper arm area during work (on computer,typing, ect). I was receiving medical treatment for a few months and had to stop because the claim adjuster would not assure the dr. they would get paid.
They will be calling me next week to settle the claim. What do you think what would be reasonable? Consider that i still have treatment to be sought out, still suffer from accident, and have over 3k in medical bills.
Are there specifics i should say? Or not?
2007-02-23 11:45:55 · 7 answers · asked by Flaca 1 in Politics & Government ➔ Law & Ethics
The job of a claims adjuster is to settle quickly and for as little money as possible. The tough thing about these types of claims is the the long range effects of the injuries. When he calls to settle, do not settle. Advise him that you are still having problems from the injury and are still needing treatment. Do not fall for any of the "settle or else" tactics, or any legal terms he may throw at you. The claims for treatment that are a result of your fall are required to be paid. It may take quite a while for the doctors to get their payment due to the ongoing nature of your claim, but eventually they will get paid. A claims adjuster's job is to look very closely at the doctor's progress notes to find ways they can deny the claim. This is a very unethical way to do business because the store where you fell pays liability insurance premiums for that very purpose; however, when it comes time for a claim to be paid, the insurance company does not want to own up to their part of the insurance contract because that means they have to give up money. If the adjuster tries to pressure you, let him know you just want to get better and need the treatment and that you do not want to have to file a "Bad Faith" claim against the insurance company. One piece of advice to remember, do not tell him you have retained a lawyer if you haven't because once you retain a lawyer then he can no longer speak to you, he'll have to speak to your lawyer.
Good luck with the claim. Just do not settle anything or sign anything until you are satisfied you will be well. If they continue to be difficult then you may want to seek legal advice from a lawyer that specializes in these types of claims.
2007-02-23 14:45:26 · answer #1 · answered by swomedicineman 4 · 0⤊ 0⤋
Bad advice here. First, why didn't you contact an attorney when all of this started? In fact, the statute of limitations is usually about two years. Had you even attempted to obtain legal counsel? There are many considerations here. You have incurred medical expenses and related costs. You say your meds alone are over 3 three thousand dollars. There was absolutely no reason for the adjuster to have taken over a year to provide you with a claim number. It appears the only reason they finally gave you one was because the statute of limitations (the period of time within which you have to sue) is almost here. Of course they want to settle. You are a "nuisance" case. They may or may not agree to pay your meds. They know you have no attorney. They are going to take adavntage of your lack of knowledge regarding your legal rights. But you say you are still treating, are still suffering pain. How do you know the long term effects of your injuries? How can you alone put a value on your injuries now, or in the future? Why settle at all? If you have as many problems as you say, you need a lawyer, Do not settle. Just tell them you need more time. Oh and yes, you can't "sue" them on the date they discuss settlement. And they are NOT going to offer any amount of money that will be satisfactory. (You may need more treatment . You can be certain that with whatever they offer you, they will want you to sign a release that will release them from any further claims about this accident.)
Be smart. Get yourself a good lawyer. The insurance company has depended upon your lack of action in obtaining legal advice. Well then. Let them wait longer, In the interim, let that attorney tell you all there is to know about your rights.
2007-02-23 12:21:58 · answer #2 · answered by rare2findd 6 · 0⤊ 0⤋
Call an attorney and see if you can find someone to represent you on a contingency basis. At the very least, see if you can get a free consultation to discuss the veracity of your claim. I suggest doing so ASAP because the statute of limitations on any claim you may have might be running out soon.
2007-02-23 12:25:33 · answer #3 · answered by st_mel 2 · 0⤊ 0⤋
Sue them for 100% of all your medical bills and any lost time out from work. If it is under $5000 you can do it in small claims court and save yourself a lwyer. They cannot use a lawyer in that forum either. Just prepare yourself and bring all your evidence and any witnesses. Don't delay.
2007-02-23 11:52:04 · answer #4 · answered by meathookcook 6 · 0⤊ 0⤋
Get the Bernstein advantage, call Lee free
2007-02-23 11:50:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
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2016-10-01 21:25:39 · answer #6 · answered by ? 3 · 0⤊ 0⤋
It would depend, on much youe medial costs are I would talk to your lawyer or get one he would bea better person to deturmen your slettedment!
2007-02-23 11:51:06 · answer #7 · answered by Winkey 3 · 0⤊ 0⤋