Legal Question in Personal Injury in California

Rude insurance adjuster

My daughter (age 11) was in car acc. with my mom Aug.2002.The other driver was on cell phone and pulled out in front of my mom. Police report blames acc. on other driver. Emergency room Dr. diagnosed daughter with whiplash. She wore neck collar and had to take muscle relaxers, heating pad and AsperCreme. Due to no medical professional therapy the insurance adjuster is offering my daughter a sum that I'm not happy with for her pain and suffering. I have been told by numerous people that reasonable P & S is 2-3 times medical expenses. The adjuster adamantly disagrees. I have contacted several attorneys and due to my daughters age and no actual therapy, they won't take the case. Am I being greedy, or should they offer my daughter the 2-3 times. What they are offering in less than half of the medical expenses.

THANK YOU! for any help that you can offer.


Asked on 7/09/03, 3:06 pm

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Rude insurance adjuster

With only an ER visit, the insurance adjuster will feel there wasn't much of an injury and everything healed well. But that's more important than your daughter being seriously hurt. The other carrier should pay all the medical bills (ambulance, ER, ER Dr,etc) and maybe a few hundred for pain and suffering. Measuring damages in multiples hasn't been around since the 1980's

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Answered on 7/12/03, 6:57 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Rude insurance adjuster

if u email me directly with more specific details, i may be able to help u in this legal matter.

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Answered on 7/11/03, 6:28 pm
Terry A. Nelson Nelson & Lawless

Re: Rude insurance adjuster

Rude isn't the issue. Without proof of damage by ongoing medical treatment, she will be lucky to get 1x bills as settlement, which is why attorneys won't take the case.

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Answered on 7/11/03, 6:58 pm
Jason Hsu Una Law Corporation

Re: Rude insurance adjuster

A number of factors go into how insurance adjusters determine "fair value" for general damages such as pain and suffering.

As mentioned one possible leverage is to force a legal suit to determine fair value through litigation.

Without knowing more about your case, it will be difficult to determine how you should best proceed. Please call or email us at [email protected] if we can assist you further.

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Answered on 7/14/03, 3:08 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Rude insurance adjuster

Thank you for your inquiry.

With insurance offers, your only leverage is to file a lawsuit or make them fear the risk of obtaining much more than your offer from a jury at trial. The fact that there was little or no treatment here does affect the pain and suffering settlement, unfortunately.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/11/03, 8:28 pm


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