Legal Question in Insurance Law in Kentucky

Payment from insurance due to car accident in a no-fault state.

I was hit from behind in my car.I have had back trouble ever since.Because this is a no-fault state,my insurance company paid me for lost wages and medical bills.The insurance company of the person who hit me is offering $2,000 for a bodily injury claim if I seal the case.How do I go about asking for more without a lawyer or lawsuit?


Asked on 1/17/01, 4:28 pm

1 Answer from Attorneys

Brian Halloran Brooking and Halloran, PLLC

Re: Payment from insurance due to car accident in a no-fault state.

First and foremost, without attorney representation, the insurance co. knows you are not serious about proceeding to suit. That being said, they will likely lowball you on any settlement. If you were seriously injured and had lost wages due to this, $2000.00 seems awfully low. If you want more, all you have to do is decline the offer and counter.

I'm sure all of your lost wages were not covered by PIP, and that you my have an excess lost wage claim against the tortfeasors company. You need proof of your wage loss and doctors notes taking you off of work for that period of time. You need medical documentation of your injuries and proof of the cost of the treatment. Once you provide these to the carrier, they will evaluate the claim and make an offer. They will offer as low as they think they can get away with and hope you don't know the real value of your case. My advice is to get an attorney to walk you through the minefield before you sell your case short. Feel free to call me at 859-491-5800 if you wish to discuss this matter further. Good Luck.

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Answered on 2/19/01, 12:59 pm


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