Legal Question in Personal Injury in California

Settling with Insurance - Auto Injury

Last August I was injured in an auto injury where the other party was found to be 100% at fault. Though I miraculously and narrowly escaped with my life I sustained some pretty severe back and neck injuries. After 7 months I am still experiencing continuous spasms. I have finished treatments and therapies and gone through MRIs and the like and the opinion of two doctors is that the pain I'm still feeling is chronic pain I will continue to feel indefinitely.

The at-fault party, though thankfully insured, only had minimum coverage insurance (15k for single injury in CA) and through the litigation filed by my insurance company over the property damage $ I have learned that the people themselves have no possible recoverable assets.

Thus, I have decided to try and settle with the insurance directly. My question is really one of tact with insurance. I have decided that I am going to demand the full $15k settlement (at 25 I will be suffering a lifelong of limiations now). The insurance company has made no attempt to settle with me; is it good form to make the first move in requesting the full settlement or should I continue to wait until they make an offer and then counter?

Thank you.


Asked on 2/25/08, 10:12 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Settling with Insurance - Auto Injury

You are overmatched!

Don't even try to deal with the insurance company, by yourself.

Take this to a p.i. lawyer, for a consultation, and then decide on your next course of action.

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Answered on 4/12/08, 10:24 am


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