Tuesday, April 3, 2012

You've been in an accident and it's been determined that it was not your fault. You've gone to the doctor and are still treating. The insurance company is pressuring you to settle your claim, but you don't feel ready, or you feel it is not enough money. What to do? Well, if you are in California, you have 2 years from the date of the accident (generally  - there are exceptions so best to consult an attorney) to file a lawsuit. So, if that date is getting close, and if you want to preserve your rights, you may have to file the lawsuit to make sure that your claim remains open. If the date is not near (more than 6 months away, for example), and you are still seeing doctors, then you should tell the insurance company you are still treating. If you are finished with your treatment and you do not anticipate future treatment, then the time may be right to settle. Make sure you have ALL your medical bills so you know the minimum amount you'll agree on, at least to cover the bills. If you've lost wages or income as a result of the accident, you might include that too. Add some to that for your "pain and suffering" and it will give you an idea of your claim's value.  This is a VERY GENERAL calculation; again, it is best to consult an attorney before accepting any settlement, especially since you'll have to sign a release. Maybe lots to digest, but at least you're now informed.