Expert: Richard Hixenbaugh - 3/26/2009

Question
I was in a car accident on December 2, 2008 My car was damage and insurance company paid $1,135.00 for damage to my car now the tricky part the doctor has release me but would like follow-up treatment for 6 months I spoke with adjuster and she inform me that the insurance company would only pay for 8 weeks and is offering me a settlement  1st of $1,300 i refused that offer and now she has offer $2,000 after waiting 7 days to make that offer if i need additional care shouldn't the insurance company pay i was not at fault the driver ran a red light and hit me and another car medical bills so far have total $5,000

Answer
Hi Michelle,

When you are dealing with an at-fault persons insurance company they do not pay medical bills as they are incurred or that may be incurred. What they are trying to do is to offer you a settlement. That means that once you agree on an amount they will send you a release form to sign before they send you any money. Once you have signed a release form you can not go back for more money no matter what. Even if your head fell of and rolled down the street you would not be able to claim anby more money because you signed a release form. You should not accept a settlement until you are completely through with all of your treatment. Then you make a demand based on your total medical bills and the results of your treatment. If you want to go ahead and settle you just have to negotiate the best deal you can, keeping in mind that later you can not go back to the well for more money.

I hope this helps
Richard Hixenbaugh