Insurance Company’s Offer is Too Low: Going to Trial after a Car Crash
Car crashes often result in serious injuries to passengers. Broken bones, scars, cuts, torn ligaments, and injuries to the neck, back, arms, knees, and ankles are all quite common. The human body is no match for the force a car accident can impose.
Understanding Medical Expenses
Accumulation of Medical Bills
Such injuries often result in large medical bills from ambulances, hospitals, doctors’ offices, chiropractors, physical therapists, surgeons, and other medical providers. The bills can accumulate fast.
A simple trip to the emergency room can cost thousands of dollars.
Paying for Treatment
If an accident victim is fortunate enough to have health insurance and/or a medical payments provision (medpay) in his/her auto insurance policy, such medical bills may be paid by such coverage.
However, there are limits on such policies. There may also be provisions requiring repayment from the party at fault for the accident.
Dealing with Low Settlement Offers
When Insurers Offer Too Little
The at-fault driver’s car insurance company (or the liability policy holder) may not offer enough money to cover the medical bills. They may also not offer enough to repay the other companies who already paid for some or all of the medical bills.
Hiring an Ohio car accident lawyer to help negotiate a higher settlement from the liability carrier can certainly help under such circumstances.
Reasons for Inadequate Offers
Sometimes, even when an accident victim has a personal injury attorney negotiating for him or her, the insurance company still does not offer enough money to settle the claim.
This can happen for a number of reasons, such as:
- Pre-existing injuries
- Disputed liability
- Long gaps in treatment
Considering a Trial
Example of a Low Offer
For example, imagine a 60-year-old woman is rear-ended in a car wreck. She suffers injuries to her neck, low back, and shoulder, requiring an emergency room visit, physical therapy, and surgery. Her bills total over $20,000.00.
The liability insurance carrier argues that not all of the bills are related to the accident. They claim she had a prior motor vehicle accident a year earlier, hurting her neck in that incident as well.
Furthermore, she did not start physical therapy for three months after the emergency room visit. The insurer argues she may have injured herself again after the latest car crash. The offer is $8,000.00.
When Litigation Becomes Necessary
If she were to settle the claim and has no insurance coverage of her own to cover the balance, she may be stuck with over $12,000.00 in bills.
This is an example of a case that would likely have to go to trial.
Consulting an Ohio Attorney
Experience in Injury Law
McKenzie & Snyder LLP has been practicing injury law in Ohio for over 25 years.
“We don’t get paid until You get paid!”
Written by Andrew Tobergte
