I was hit by a car as a pedestrian, and the insurance company has admitted fault. After reviewing my injuries, lost wages, and other expenses, they made me an offer, but it’s way too low. I have a separate healthcare claim covering the costs of MRI, physical therapy, and other hospital expenses, but I’m not sure if that’s negotiable.
How can I push for a better settlement on the personal injury claim?
I’m really active—I play basketball, volleyball, and lift weights six days a week. But now, with this shoulder injury, I’m looking at weeks, maybe months, of not being able to do any of that. Should I ask for three times what they offered and see if they negotiate?
It sounds like you’re still in recovery. It’s hard to know the full impact of the injury until you’ve reached maximum medical improvement. You might want to hold off on negotiating until then.
Quincy said:
It sounds like you’re still in recovery. It’s hard to know the full impact of the injury until you’ve reached maximum medical improvement. You might want to hold off on negotiating until then.
That’s a good point. The claims adjuster said they’ll cover all future PT, MRIs, and other medical expenses until I’m done. Should I wait until I finish physical therapy to ask for more?
What state is this happening in? Also, when you say ‘initial’ claim, do you mean you’ve received a first offer? Keep in mind that advice here is general since no one knows your full medical situation. If you have a lawyer, definitely consult them.
@Sky
This is in Washington. The person who hit me has their insurance asking me to file two claims—one for personal injury and another for medical coverage. I guess I’m just wondering how to ask for more compensation. Should I just say their offer doesn’t reflect my injuries and the long recovery time?
@Sloane
Washington is a PIP (Personal Injury Protection) state, so that’s why there are separate claims. It’s best to wait until you’ve finished treatment before settling. Check Washington’s statute of limitations for injury claims. You have until then to file a lawsuit if needed. When you’re ready, if the offer is too low, you can reject it and make a counter-demand. Negotiation is part of the process.
I’d recommend waiting until you’re done with treatment. Shoulder injuries can be complicated. What feels like a shoulder issue could be something else entirely.
I had a shoulder injury 18 months ago. Initially, it was treated like a pinched nerve, but after pushing for more tests, I found out it was actually a tear from weightlifting. These are very different scenarios.
If you settle now, they might put limits on covering future treatments, like a time cap or dollar amount. You don’t want to run into issues if more treatment is needed later.
@Lei
I dealt with something similar—a misdiagnosed AC separation treated as tendonitis. Doing exercises when I should’ve been resting in a sling turned what could’ve been a 6-week recovery into an 8-month ordeal, including months of physical therapy.