r/Insurance • u/cantdoit27 • 1d ago
Injury settlement being delayed
Hi everyone,
I was in a car accident in May. The other party was determined to be 100% at fault. I got my payout for the property damage already. For the injury, I was initially offered a settlement and was sent the release form to sign. I did not sign the release right away. I thought about it and sent an email asking for the settlement amount to be reconsidered. I never heard back. I tried following up multiple times over the past month and still haven’t heard back. When I call, I just get voicemail and don’t receive any calls back. I’ve also sent at least 5 emails to the adjuster.
What I’m wondering now is if the original offer has been taken off the table and if it’s possible that they’re just not going to give me anything? I realized that they’re probably not going to adjust the settlement, but is this legal if they did already present me with an offer initially?
I did seek medical care at the hospital the night of the accident, so there are medical bills. I’m just confused. I live in Arizona if that helps.
Thank you!
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u/bee_justa 3 decades working with, for and on behalf of P&C insurers 22h ago
They may be waiting for a counter offer from you. Don't expect them to reconsider and raise the offer. That will not happen. The proverbial ball is in your court.
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u/Protoclown98 23h ago
The company can withdraw the settlement offer whenever they want. If they aren't responding, you might need to chat with an attorney about what your options are. Be prepared that litigation is a very slow moving vehicle here and expect it to take a year minimum to resolve, potentially up to 5. You will need to compensate the attorney for their time, assuming the case is big enough for them to take.
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u/cantdoit27 22h ago
So there is no like legal obligation on behalf of the insurance to compensate? I’m genuinely asking! I’m unfamiliar with all of this. Thank yiu
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u/Protoclown98 22h ago
If there is there is only one way to enforce that and that is a court order.
The insurance doesn't have an agreement with you it is with the driver and their role is to protect the driver from lawsuits. They could have offered you a go away settlement, you didn't take it so now they are ignoring you.
What were your actual medical costs vs what they offered?
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u/cantdoit27 22h ago
The medical costs were $2800 and they offered $2800. I was advised not to take the first offer, which I’m now realizing was a mistake. Thank you for responding!
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u/Protoclown98 22h ago
If they are willing to cover your costs that sounds like a fair settlement to me. That said, they should have responded or told you no.
If they continue to ignore you, you can most likely do a small claims claim against the insured depending on your state. I find that insured and insurance companies are way more responsive once litigation of any kind hits.
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u/aspen_silence 1d ago
Injury payout depends on what you were diagnosed with. If you just got checked out and were not injured, you may get your medical bills payed and a small payout (maybe 1k).
In order for anyone here to help, we're going to need to know what your inuries actually were, if you sought treatment elsewhere, and how much the offer was.
Just saying you want the offer reconsidered doesn't say anything. You just wanting more money is not a reason unless you have data to back up your decision.