Want to sue car insurance company, where do I begin??

I was hit (rear end) in a parking lot. Damage to car was replacement of entire bumper and entire back hatch, back door no longer worked. I had an immediate headache and upper whiplash symptoms. I ended up seeing a chiropractor for 3 months to eliminate the headaches. My medical bills were only $2900. The drivers insurance company accepted liability/fault..Then they offered me $3000. to settle. That is only $100 over the medical bills, which hardly seems like pain and suffering compenastion to me. Then they went up to $3400 seems like not enough. They said they feel like my Dr offfice was billing high and they only feel $2400 is reasonable. so they feel the offer of $3400 is $1000 for pain..It still does not seem right, only 1k for 3 months of headachs and treatments, meanwhile the Dr expects to get $2900not $2400 so that's only $500 for compensation. I dont want to have to hire a lawyer, but where do I start to sue them on my own? What seems fair for pain to all of you?
Additional Details
Accident took place in AZ. I didn't miss work, I can't.. I am a single Mom with sole custody of 2 kids. I run an in-home pre-school. Did I feel like I needed to take some time off? yes, but then 5 parents would be out childcare for their work schedules. I worked through it, but working with 5 3 years olds with horrible headaches every day for 2 months wasn't fun. I treated 3 times a week for about 1 1/2 months, then down to 2 times a week, then finally 1 time a week. I had 60 appts with him, $2900 for 60 does not seem high to me. $2900 bill, and adjuster offering $3400 just does not seem to be a fair settelment.. I can see $3900 to $4200 but not $3400 yes?? For those of you who are claims adjusters.. How do I get the adjuster to settle higher at $3900 or something, as they are saying "sticking with it" to the $3400. ?? Thanks in advanced

Luna & Lawnboy

You will not be suing the insurance company. You need to file suit against the owner and the driver of the vehicle.

The offer seems a bit low to me, but you really do not indicate how often you treated. Were you totally disabled? Did you miss any time from work?

You should also let us know what state the accident took place in. The case value will vary. Apparently, you do not have medical payment coverage or PIP coverage on your own policy which would cover your meds. It is possible that you are not really tort eligible, and the insurance company is just trying to compromise a settlement which covers your meds.

Assuming your treatment was consistent and not just sporadic, I think the cost of the meds plus $3k would be a fair and equitable settlement. As stated however, this could be higher or lower depending on what state you live in.

fighting saints

I'm a claims adjuster (insert boos here) so let me throw some info out for you to consider.

1. You can't sue the insurance company. You have to sue the person who hit you.

2. If you sue you need to see what the dollar limit is in your area for small claims court. If the dollar limit is high enough then you can sue without a lawyer. You have to bring all your documentation and handle everything yourself.

3. If you want to sue for an amount more than what small claims court allows then you need an attorney. Your lawsuit will have to be filed in district court where the rules are much more stringent and you'll get killed by the insurance company lawyer.

4. The main problem you have is you have a "soft tissue" injury which are very hard to document. It's easy to prove a broken bone or stitches, but whiplash and headaches are a whole different ballgame. If you treated with a chiro then odds are that your bills ARE too high. Plus the chiro "medical reports" will be full of stuff that can't be independently proven.

5. From my experience your pain and suffering is probably worth $900 to $1500.

6. If you haven't already done so talk to the chiro and see if they are willing to accept less than the $2900. Many will do so ,because they bill high in the first place, figuring some insurance company will want to cut the bills down.

7. Find out what the Statute of Limitations is for the state where the accident happened. You will have a limited time to settle or file a lawsuit. The time will be so many years from the date of the accident. It can range from 1 yr to 6 yrs.

Good Luck

Monica

The claims adjuster that answered above is right on. You'd be suing the driver that struck you, not the insurance company. Chiros often over-bill, and they will more than likely accept the payment offered by insurance. An extra $1000 on top of getting the medical treatment you needed seems fair. You may be able to get a few extra hundred, but you probably won't get a large sum of money. What seems fair to you?

entidtil

You do not have to accept their offer. If you don't like the offer, talk to a lawyer and he can decide if you have a chance to win if you sue

pickmefirstplz

you knew how much pain you had you set the price

David A

get a good lawyer

Wartai

To be honest, i think you will have to see a lawyer.
Some firms dont bill you unless you win and they will know what to do and how to get what you need from the insurance company.
Insurance companies will offer you way less because they will be looking at trying to settle out of court in knowing that it would be the cheapest way out.
Insurance companies arent known for being generous..
Look for a lawyer with lots of experience in this type of work, have a chat with them and go from there..

vfleming

Let me see if I have this straight; a guy hits me, im taken to hospital and unable to give statement, man lies on his statement and thats the only statement on police report. Cop says no fault in accident. Insurance denies payment. So I have to sue the guy (personally) who hit me. Bills so far are over $10,000.00 so I need to get a lwayer. I only have soft tissue damage so I keep getting turned down by lawyers. Can I sue on my own - even if SMall claims amount of $10k? I have 911 tapes of a witness. called her but she wont return my call. any ideas?

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