Car Accident Settlement Issues
I was involved in a car accident in Texas where I was hit head-on. The other driver, who was at fault, totaled their car and provided me with expired insurance documents—essentially, he had no valid insurance. I do have an attorney, but I just received a settlement check for $2,500 from GEICO. Honestly, this seems far too low considering the pain I’m experiencing, including knee pain, whiplash, and a herniated disc in my neck. Unfortunately, I couldn’t get X-rays or MRIs because my insurance coverage isn’t sufficient.
Since the other driver didn’t have insurance, I had to go through my own insurance for coverage. I’m baffled as to how the responding officers failed to check this properly or issue him a ticket.
What are my options? Am I stuck accepting this amount just because he was uninsured?
I’m sorry to hear about your situation; it sounds really frustrating and painful. Here are a few steps you can consider:
Talk to Your Attorney: Your attorney is your best resource in this situation. Share your concerns about the settlement amount and your injuries. They can provide you advice on whether the offer is fair and what your options are.
Document Your Injuries: Even though you couldn’t get X-rays or MRIs due to insurance issues, keeping track of your symptoms, treatments, and any medical visits you’ve had is essential. Document everything related to your injuries, including doctor visits, physical therapy, and medications.
Consider Pain and Suffering: Compensation isn’t just about medical bills. Pain and suffering can also factor into your settlement. Discuss this with your attorney to see if they can negotiate for more considering your ongoing pain and limitations.
Re-evaluate Insurance Coverage: Since you had to go through your own insurance, find out what coverage you had and how much it might cover. Sometimes, uninsured motorist coverage can help.
Negotiate the Settlement: If you and your attorney believe that the settlement is too low considering the circumstances, you may have the option to negotiate with GEICO for a higher amount.
Explore Other Avenues: If you feel that the police did not handle the situation properly (like not ticketing the other driver), you might also want to consider filing a report or complaint with their department, but this may not impact your settlement.
Seek Additional Medical Opinions: If possible, get evaluations from medical professionals for a better understanding of your injuries and possible treatments. This can strengthen your case for a higher settlement.
Remember, it’s important not to rush into accepting a settlement if you feel it doesn’t adequately cover your losses. Stay in close communication with your attorney and make sure they are advocating for you to get a fair settlement.