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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 27244
Experience:  JA Mentor
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I had someone hit my vehicle. My Medical was around $4,800.

Customer Question

I had someone hit my vehicle. My Medical was around $4,800. They are offering me 6 months later a settlement after saying my injuries were suspect. I turned in my Chiropratic exam and treatment. Back then. Now they are offering me 6 months later $3,800 and $750 for pain and suffering. They said their insured wanted to just settle. Is this a fake reason or should they have paid 6 months prior. How do I possibly receive more of a payout ?
Submitted: 5 months ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 5 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. Insurance companies almost never pay out right away. They want to see all the bills and review the accident to determine fault. It's not that unusual for them to offer money months later. When someone is in an accident, and they get a settlement, they're actually required to repay their insurance provider for medical treatment received. Meaning, if your bills were $4,800 and you accept a payment of $4,550 total, you will wind up with -$250 from the accident. You have a right to get them to pay all bills related to the accident, plus your pain and suffering. You also have a right to a settlement that covers the cost of repairing your vehicle and reimburses you for lost wages. You're never required to accept their first offer. First offers are usually insultingly low. You're allowed to send back a response asking for full payment of the medical bills, plus a pain and suffering amount you find reasonable. If they refuse, you can file a lawsuit against the other driver. You're allowed to seek up to $10,000 in Small Claims Court, which means no lawyers in California, but you also are allowed to file for more in the Superior Court if you don't feel that $10,000 is enough. It may help to read a book on negotiating, like GETTING TO YES. But bear in mind that you don't have to take what they're offering, and a judge and jury can award any fair amount. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 5 months ago.
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