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Christopher M. Davis
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Chris Davis is an personal injury attorney, legal commentator and author practicing in Seattle, WA.

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11/17/2008
Christopher M. Davis
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"Fast Claims Service" May Be a Disservice to You: Don't Be Too Hasty To Settle Your Claim

Below is part of an email that a car accident victim recently sent to me.  Unfortunately, I cannot help her with her claim because once you have settled with the insurance company for injuries caused by a car accident you can not “renegotiate” if you are later found to have more serious injuries.  This case is a good example of why you 1-) should not settle with the insurance company until your medical condition is fixed and stable for some period of time,  2-) you should not be in a hurry to settle medical claims immediately following an accident, 3-) you may need an attorney to help negotiate your settlement.

I was in a car accident on Tuesday, March 4th.  I hit my head and shoulder on the left side and had neck and lower back pain.  I went to the emergency room that day.  I was given muscle relaxers and anti-inflammatory medicine and was told to follow up with my family doctor. 

The accident was not my fault and after talking to the insurance company on both sides, I made an appointment with my insurance (Allstate),to have my car looked on Friday.  When I called the other driver’s insurance company (Progressive), the claims adjuster told me to take the car to their office on Thursday instead, to turn in the car for repairs and she would meet with me there to discuss my injuries.  She said she would take care of everything.

 

Drove to Lynnwood to turn in the car and to pick up a rental car as I was told.  I met with two claims adjustors.  They offered to pay me $550 for my inconvenience and injuries .  I said I might miss work and might need chiropractic or massage as I couldn't turn my neck to the left. They added more money to the offer. They said they could not keep adding money to the offer.  She finally wrote me a check for $1000.00 for my injuries and asked me if I understood that this would coverage my damages.   I was worried that I deserved more.  But I didn’t know what to do.  So I took the check and put it in the bank that day.  On the check written “ for known and unknown injuries”.

Within a few days my symptoms became much worse.  My neck and back problems got worse.  I starting having memory problems.  I saw more doctors and I started seeing a chiropractor. 

My husband tried to return the check to the insurance adjustors but they just laughed and said "she deposited the check."

 

What can I do?  My medical bills are starting to pile up?


Category: Car Accidents



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