Back in 2021, I was rear-ended by a driver going 45-50 mph who admitted they were looking out the window when it happened. My van was totaled, and they quickly paid for the vehicle loss. But I haven’t settled the medical part since I’m still being treated for whiplash. My medical bills over the past couple of years have added up to around $50k, covering physical therapy, scans, and more, though my health insurance has covered some of it. They’re offering to cover my medical bills plus $2,000 for pain and suffering, but I don’t want to settle until I’ve been clear of symptoms for at least six months. How can I find out the other driver’s policy limits? And is it worth bringing in a lawyer this far into things?
Former adjuster here. Just to let you know, your medical bills seem a bit high for whiplash unless you have some unique issues. That said, your approach makes sense. The driver’s coverage might not be enough if your bills are this high. If you have uninsured motorist coverage, you might be able to claim on your policy too. But keep in mind, if you hire an attorney, they’ll likely take a minimum of 30% of your settlement. Also, most insurance companies won’t disclose policy limits without permission from their insured, but it could come out if you take legal action.
@Avery
My partner got into an accident. The other driver was a hit-and-run on stolen tags, so it’s all on us now. Any tips on getting the most out of our insurance?
@Avery
I know it’s a lot. Everything was ordered by my doctor, though. I really didn’t expect to have neck issues at 36, having never dealt with them before. That $50k is more of a billed amount, but my medical insurance paid about $14k, and I’ve paid around $7k out-of-pocket on my high-deductible plan.
@Jess
That does sound like a lot for whiplash, to be honest. We often see people start researching online and start attributing new issues to the accident. Definitely keep working with your doctor to bill for what you really need, and focus on moving forward rather than spending 6 more months adding on new ailments.
It doesn’t sound like you have any serious injuries, so you might not need an attorney. If they’ve offered to cover the van and medical costs, the $2k for whiplash pain and suffering seems reasonable.
I was in a similar situation, and hiring a lawyer helped me a lot. After the accident, I was overwhelmed by medical bills and low offers from the insurance company. A lawyer helped me get a fair settlement and covered all my expenses. I would highly recommend getting one if you feel you’re not getting a fair offer.
Since the accident happened two years ago, keep in mind that you may be coming up on the statute of limitations, depending on your state.
Nico said:
Since the accident happened two years ago, keep in mind that you may be coming up on the statute of limitations, depending on your state.
Thank you! I was told it’s five years here in Missouri.
@Jess
Yep! Check Section 516.120 of the Missouri Code for details.
Does your state consider billed versus paid amounts in personal injury claims? Also, are you treating at a facility that specializes in accident injuries?
Phoenix said:
Does your state consider billed versus paid amounts in personal injury claims? Also, are you treating at a facility that specializes in accident injuries?
I’ve been seeing my primary doctor, a physical therapist, chiropractor, pain management, acupuncture, and an orthopedic specialist over the past two years. Pretty much doing whatever they recommend.
@Jess
So what was the outcome? I was in an accident too, and the pain has been coming back. I regret not hiring a lawyer, and I’m now dealing with mental health issues and driving anxiety.
Amari said:
@Jess
So what was the outcome? I was in an accident too, and the pain has been coming back. I regret not hiring a lawyer, and I’m now dealing with mental health issues and driving anxiety.
I haven’t settled yet. Looking back, I probably should’ve hired a lawyer from the start. I spoke to a few, but they wanted me to sign something before giving detailed advice. My cousin (who’s a lawyer) said he’ll help draft a demand letter once my treatment’s over, but he also warned me a lawyer would take a big chunk of the settlement. Right now, I’m still dealing with pain, so I’m holding off until I feel confident it’s resolved.
With $50k in medical costs, their policy may not be enough. If you’re in a state like Missouri, you could try asking for their policy limits directly to make sure it’s enough to cover your expenses. An attorney might be worth it to handle the negotiation.
@Jess
I’m in MO, and I did ask them, but they said they don’t disclose policy limits.
Jess said:
@Jess
I’m in MO, and I did ask them, but they said they don’t disclose policy limits.
In that case, you might want to formally demand the policy limits in writing. Set a deadline for them to respond. Also, check MO’s statute of limitations for personal injury claims. Might be worth at least a consult with a lawyer.
@Jess
Good advice. A written demand with a timeline can sometimes pressure them to disclose.
Talking to a personal injury attorney could be worth it. They’re usually good at negotiating higher pain and suffering amounts. And if insurance only offered you $2k, you can counter with something higher. Attorneys imply the ‘threat’ of court, which can nudge the insurer a bit too. Since you’ve held out this long, it might be worth seeing if they’ll offer more.
@Tan
Actually, adjusters aren’t really scared of attorneys. It can sometimes even be easier to work with them than someone who’s gotten bad advice.