My mom got hit by a car while walking and the insurance company is offering to settle for $5,000. Should we consider filing a lawsuit?
This happened in Texas. My mom got struck by a car during her morning walk and now has a fractured rib. Because of this, her balance has been off and she slipped in the shower due to feeling weak, which led to a shoulder fracture. This all happened about six months ago. She’s doing better now, but I moved from Washington to care for her, which added costs for travel and moving. We filed a claim for $150,000, but the insurance wants to settle for $5,000 and $10,000 towards medical bills, which might cover her costs. We countered with $50,000 but haven’t received a response. Is it worth going to court if they offer a low settlement again?
Ky said: @Hadi
Your own insurance should be negotiating for you. If they aren’t, get a lawyer. You’re not trained for this; the other party’s lawyer is.
Your own insurance won’t negotiate for non-economic damages.
Ky said: @Hadi
Your own insurance should be negotiating for you. If they aren’t, get a lawyer. You’re not trained for this; the other party’s lawyer is.
She doesn’t drive anymore, so she doesn’t have auto insurance—just health insurance.
Ky said: @Hadi
Your own insurance should be negotiating for you. If they aren’t, get a lawyer. You’re not trained for this; the other party’s lawyer is.
My dad was in a serious accident when someone rear-ended him, sending him into a ditch. It changed his life and totaled his truck.
The insurance wanted to pay him $10,000. We thought that was outrageous and didn’t even cover the damage. They brushed us off. When our lawyer heard that, he said, “Okay, see you in court.”
Fast forward, the insurance tried offering less than the initial $10,000. Our lawyer said it was an insult. In the end, we got awarded $100,000 after just about an hour in court.
To me, that still didn’t feel like enough. But it was satisfying to get a fair outcome after being lowballed. I wish your family luck. I don’t know all the details, but if you have the means, it’s sometimes worth pushing for more.
You really should hire a lawyer. The main job of a personal injury attorney is to handle insurance negotiations for you, since they have countless tricks to avoid paying or to offer small settlements. Sure, a lawyer takes a cut, but if they don’t think your case has value, they won’t take it.
A lawyer will have experts and cover all costs for any legal battles that arise.
Downside - the lawyer takes their cut, but if they don’t think your case is worth it, they won’t take it.
I’ve often heard it said, “You can have 100% of a grape or 66% of a watermelon. Which one is better?” Sometimes giving up a portion of a much bigger amount is smarter than accepting less on your own.
Get a lawyer. Beyond just the settlement, there are tactics insurance companies use to complicate things in the paperwork that you’ll need help with. They’ll fight for you to navigate all that.
It all comes down to what costs you can prove to the insurance company, and whether you have medical experts to back up your mom’s injuries.
A personal injury attorney would better guide you, since they know the specific laws in Texas. Most offer a free initial consultation. You need to see if the attorney is willing to go to trial. Some firms just want to settle because it’s easier for them.
I recommend keeping a journal documenting how the accident impacted her life. Make note of how her rib injury limited her capabilities, such as hobbies and work. Insurance companies might settle for a higher amount if you provide solid evidence showing how the injury affected her overall.
Of course the insurance companies want to settle for $5,000; that’s a win for them, and the negotiator could receive bonuses for keeping it low.
You need to consult personal injury attorneys immediately. Figure out the statute of limitations and start interviewing them. That offer is an insult. I received three times that amount for a minor soft tissue injury after being rear-ended.
They are absolutely lowballing your offer. You need a lawyer. I had a car accident a few years back and ended up with a broken foot. I found a lawyer who helped me secure a decent settlement, so there’s no reason not to seek help.
Talk to a personal injury attorney. You don’t have to select someone just from ads; you can ask your local bar association for recommendations. Make sure you get someone experienced.