I was hit by a driver on the freeway in California. I sustained $8,656.00 in medical bills as a result of my injuries. Today the adjuster offered me a settlement for the amount of $18,156.00. HOWEVER, he broke the settlement down reflecting an error in my total medical bills showing a total of $14,656. The error is clear.
My question is two fold. Could the adjuster have done this on pupose? I am okay with the final sum amount, but NOT how they broke it down. $3500 for pain and suffering is rediculously low, but again the end number, be it incorrect would be fine.
Also, should I accept this final offer amount, can they come back against me and say oooops, we made a mistake, you owe us? The settlement has clearly been broken down, soI am aware of the error. Can and will this matter.
Someone told me this is might be a slick move adjusters use. He predicted that before he sends me the release of claim, he will "discover" the error and bind me to my agreement based on $3500 PS?
2007-11-15 11:51:37 · 5 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
OK....this is not a "slick trick" adjusters use. For starters - insurance companies are one of the most highly regulated industries. By law, insurance adjusters have to act in "good faith" - "slick tricks" would be in violation of that law. However, you should act in good faith as well.
Once the release is signed the deal is done. In order for the contract to be valid - there has to be a meeting of the minds and both sides have to give consideration. The insurance company is giving you money -in exchange for your agreement to end the claim once and for all never ever to return (final release). Once the release is signed - neither party can change their mind. It's over with once and for all for ever and ever and ever.
If the adjuster catches the error before the release is signed they can take the offer off the table and extend a new offer. Once the offer is taken off the table - you start to negotiate again.
I would check with the adjuster one more time. A successful negotiation is based on open communication between the parties. The insurance adjuster is not trying to trick you. The adjuster is just trying to reach a fair settlement for your claim. The adjuster will act with integrity 1. because their company expects them too, 2. because the law says they have to. So how about you act with a little bit of integrity yourself.
*** This is not to be taken as legal advice- I am not an attorney**
2007-11-15 13:22:18 · answer #1 · answered by Boots 7 · 2⤊ 0⤋
I'm not an attorney but have 14 years paralegal experience. I don't have a lot of exposure to the insurance system, but if they broke it down, then I'd say they can and likely will certainly try. If you are willing to accept the final dollar amount, I would personally probably correct the amounts and ask for a new settlement agreement.
2007-11-15 12:01:10 · answer #2 · answered by Asked and Answered 7 · 0⤊ 0⤋
haha are you kidding me? yes, its in our handbooks.. they tell us sneaky ways to "trick" customers into settling? Honestly.. again.. are you kidding me?! People crack me up.
Yes, they have every right to come back at you for the extra money they gave in error. When you settle you will sign a piece of paper saying that for x amount of dollars you release their insured... you can guarantee that the correct amount will beon there.. and if the check is more... they are owed their money back.
My next question is... how on earth do you think your pain and suffering is worth over 3500? You do realize that it is NOT based on the amount the medical bills are right? (that person below is ridiculous who said that you can get 25k plus with a lawyer... people like that crack me up)
If this is a soft tissue injury that resolved itself and you arent SERIOUSLY scarred for life.. you should be appreciative that your bills are paid for and you have some extra moneya nd move on with life. People who lost their ability to walk, have a huge scar on their face, had their faces melted off.. THOSE people deserve big settlements.. not people who whine about their "aching back and whiplash" (if you are seriously injured.. i apologize.)
When i look at someone who has 8k in medical bills and EXPECTS 10k for "pain and suffering" it makes me want to cry at the sad pathetic world we live in where people are so selfish.
this is NOT the lottery. this is life.. people who think they are "owed" all this money for tragedies and accidents like this make me wonder what kind of world we live in.
I cant say it enough.. it is so ridiculous that you think that is a "trick" adjuster do.. i saw that.. and had to laugh. sad we live in a world where people think stuff like that happens... and where people try to suck everyone else dry for money.
2007-11-15 12:22:12 · answer #3 · answered by Anonymous · 3⤊ 0⤋
An error is just that. Do you think a judge would think any differently?
2007-11-15 13:27:30 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Send the money back and get an attorney.or tell the insurance that you want all medical + $25,000.00.Yes ,he just ripped you if you signed anything.
2007-11-15 12:04:58 · answer #5 · answered by (A) 7 · 0⤊ 4⤋