What options do I have for ongoing medical claims to the other insurance and can I sue for pain and suffering?
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I was in a car accident about 5 days ago. It has been determined by both my insurance company and the other drivers that the accident was not my fault, the other driver made a left hand turn coming out of a parking lot directly in front of me. The other drivers insurance wants me to take a $750.00 settlement for bodily injury. I have already been to the Dr. twice and have a referral to start physical therapy. I have pain in my neck, shoulders and back. My left shoulder is making a grinding click when I move it and is sending a tingly numbness down my arm to my finger tips. My question is... What options do I have for ongoing medical claims to the other insurance and can I sue for pain and suffering? Do I need to sue in order to get a larger settlement? I am unable to do simple chores around my house, the pain is constant and frustrating. I have already informed the insurance company that I will not be taking their settlement offer due to my referral for physical therapy and I do not yet know the extent of my injuries.
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Answer:
Five days is way too early to settle. It seems you may still be in the diagnostic stages of your treatment. At this point, you were right to refuse the offer, because they will make you sign a paper stating that you will not get anything else if you settle with them now. Let them know that you are not done treating, and do not know when you will be until you get a real diagnosis from your physician. Pain and suffering is also something you are entitled to, and it may not take a lawsuit to get it. Once you are finished treating, you can see what the insurance company wants to offer you, and go from there. Keep in mind that involving a lawyer at this stage, or even later, may just delay your settlement, and it will be lower because of lawyer fees.
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