I was involved in an accident a few weeks ago. Got rear ended while fully stopped on the highway. Long story short, went to the ER to make sure everything was OK (previously had a spine surgery a year ago)
Now dealing with the third party bodily claims injury adjuster, he has sent me an offer of $700. ($200 for the out of pocket that I paid for insurance, and $500 for the pain and suffering) the medical bill I sent him was for over 5k and VA has a collateral source rule. Am I missing something? Shouldn’t the adjuster know these type of things before sending an offer?
Also, how should I even respond back to this offer?
Bodily injury claim settlement offer
byu/808mafiaaaa inInsurance
Posted by 808mafiaaaa
5 Comments
Usually the VA files a lien on the settlement. I would tell them that I want money set aside for any lien that may come from the VA regarding the treatment. Did you ever receive a form from the VA asking if there is any insurance that would cover this or reimburse?
Just get a lawyer. Insurance will try and fuck you over
I know every claim is unique, but surely there are some broad guidelines. Should a person in this situation expect $500? $1500? $5000?
Lots of factors exist. 2 things I looked at were the damage to the vehicles and the timing/nature of initial treatment. I’ve nothing against preventative checkups and reasonable diagnostic treatment, but they don’t add much to general damages. I’ve no comment on the collateral source law involved.
Ask if your offer includes medical bills incurred as well. A lot of settlements are broken into a few parts. Medical bills, out of pocket, pain and suffering, and loss wages. The 700 may be the portion paid directly to you and your medical bills incurred are also in the settlement noted in the agreement as medical bills up to a certain amount (like 10k.)