Legal Question in Personal Injury in Texas

Insurance Co. wants to settle for $600; I'm still in Physical Therapy

Was rear-ended & had an immediate headache lasting about 4 days. 2 days later, began suffering from stiff neck and burning/numbness in upper back. Went to Dr. twice, he wrote RX for 4 weeks of Physical Therapy. The insurance investigator contacted me a 2nd time (1st time to take statement of accident) & said with the low repair cost for both our autos, the problems associated with such an accident should be just about gone. He also said given the fact that after the accident the insured asked if I was ''okay'' and I said yes, he was prepared to pay for Dr. and the 4 weeks of PT, plus $600. I asked if the $600 was supposed to include time missed from work, inconvenience of having to go to Dr. & PT, what if a few months down the road I had to repeat PT, etc. and just general pain and suffering. He started in on how Dallas juries no longer give many verdicts in favor of the injured, people go to the Dr. every day, etc. I just asked a simple question....what does the $600 include? He said he would let me think about it and call me back in two weeks.

Is $600 a fair settlement, or is this just his way of trying to get a quick/low settlement out of me?


Asked on 1/31/02, 11:58 pm

1 Answer from Attorneys

Sandra McLaughlin Mediation Trio, Inc.

Re: Insurance Co. wants to settle for $600; I'm still in Physical Therapy

I think you understand his position very clearly. It is not unusual for adjusters' pay to be contingent upon how much they save their company!!! Ask him what the reserve is on the file? (What did he 'reserve' for maximum/probable payment on your claim? I wouldn't accept $600 for ONE headache, personally.

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Answered on 2/01/02, 9:00 am


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