Legal Question in Personal Injury in California
I was in an auto accident on 9/3/07, 18 days post op from major abdominal surgery to correct a hiatal hernia. To date I have incurred approximately $9700 in medical bills as a result of this accident. Of this amount, half was charges for tests to ensure that my previous surgical repairs had not been impacted. The remaining portion is for chiropractic care which is ongoing. I contacted the responsible parties insurance in January 2009 to start negotiating the payment of these bills. After numerous delays on their part (i.e. not receiving records, lost records, claim rep and file transfers), 20 days before the statute expires they offered a settlement of $9800 and informed me that they would only reimburse me for the first 6 months of chiropractic treatment. There was no mention of this �policy� when we first spoke in January.
Is $9800 a reasonable offer? If not, what is? If I retain legal representation is there sufficient time to file whatever is necessary to protect my claim? (I assume that their insured had the minimum amount of coverage as my insurance accepted their offer of $5000 toward the $8000 for damages to my vehicle.)
3 Answers from Attorneys
It does continue to amaze me that those who suffer injuries from accidents do not consult with a lawyer early on.
Without knowing more about your injury, or the facts of the accident, it would be impossible for me to give you a coherent answer. I suggest you contact my office Monday morning to set up a free consultation. You can call 1.877.505.INJURY.
This is a very low offer, especially in light of the surgery and the hernia you had. This is simply unfair unless you had serious pre-existing conditions.
You have two years to file a lawsuit to protect your rights, and based on what you say, this is the right way to go. If you decide to file, you should act fast as you have only a few weeks to do that. The process doesn't take long at all, but it should be attended to promptly. If you neither settle not file a lawsuit by 9/3/2009, your recovery rights will be forever barred.
Thanks, and feel free to follow up.
Arkady Itkin
Sacramento Injury Lawyer
http://www.arkadylaw.com
My take on this is that the Insurance Monolith has scored another victory in their propaganda efforts. You believed all the "greedy lawyer" stories, I am guessing. My prediction is that the Insurance Industry is not nearly done teaching you who is evil. That sleazy trick they pulled on you to try to get you to miss your statute date is only the beginning. Good luck.
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