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The Insurance Company’s Offer is Too Low: Going to Trial after a Car Crash

Jun 4, 2010
3 min read

ohio trial lawyers courtroomCar 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.

Hefty 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.

Getting Medical Bills Paid

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 and there may be provisions requiring repayment from the party at fault for the accident.

The Insurance Company of the At-Fault Driver is Not Offering Enough Money

The at-fault driver’s car insurance company (or the liability policy holder) may not offer enough money to cover the medical bills and/or repay the other companies who already paid for some or all of the medical bills. Hiring a Hamilton car accident lawyer to help negotiate a higher settlement from the liability carrier can certainly help under such circumstances.

When to Go To Trial

hamilton ohio car insurance lawyers 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, liability being in dispute, and long gaps in treatment, among others.

For example, say a woman who is 60 years old is rear-ended in a car wreck. She suffers injuries to her neck, low back, and shoulder. She requires 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 because she had a prior motor vehicle accident a year earlier and hurt her neck in that accident as well. Further, she did not start physical therapy for three months after the emergency room visit and they argue she may have injured herself again after the latest car crash. The offer is $8,000.00.

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.

Hiring an Auto Accident Attorney in Hamilton Ohio

If you would like to discuss your Hamilton motor vehicle accident case, schedule a free consultation with McKenzie & Snyder LLP by calling 513-737-5180 or using the email form to the right.

McKenzie & Snyder LLP has been practicing injury law in Butler, Hamilton, and Warren County, among others, for over 20 years.

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Written by Andrew Tobergte

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