Expert: Richard Hixenbaugh - 7/23/2009

Question
In 12/2008 my vehicle was rear ended on the expressway. My husband who was the driver of our car was faulted. We have Nationwide (Or should I say had). I was found to have 2 ruptured discs in my neck. I went through the therapy and was released. Nationwide offered the 5,000 med pay plus an additional 5,000 for medical bills and 2,000 for my inconvenience. The medical bills total was at 16,000. Their combined offer is obviously not enough to even cover the bills. I hired an attorney. He has had the case since February of 2009. Nationwide has all medical records and a summary from an orthopedic doctor stating in black and white that this injury is a direct result of the accident. The insurance we have pays for all persons involved in an accident if the driver was insured by Nationwide. How long does the insurance company legally have to pay me? Is it unreasonable that my attorney has not been able to settle this in 6 months?
Thank you

Answer
Hi Lori,

It is not unreasonable that it has taken 6 months. Obviously the insurance company is trying to low-ball the claim. Your attorney will make a counter offer. These back and forth negotiations will continue until either a figure is reached that you both agree on or your attorney decides to file a law suit. This situation could go on for a couple of years. The longer your claim stays open the more valuable it becomes. You should discuss this with your attorney, but you need to be patient. This can be a very slow process. The first one to anxious about settleing the claim, looses.

I hope this helps
Richard Hixenbaugh