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Insurance adjuster made an offer to settle can I counter?

by Amy
(Apple Valley, CA USA)

I was hit by a vehicle that lost control while traveling in the fast lane of a local freeway. The driver spun out of control accross all 4 lanes of traffic crashing into me forcing us both off the road. I was taken by ambulance, suffered months of headaches and shoulder pain. Our van was repaired to the tune of 5k.

The offer from the other drivers insurance co incates total medical bills, minus the amount paid by my medical insurance carrier (that amount goes directly back to them correct), then they added a little for pain and suffering. Can we counter offer? Is there a formula for figuring this stuff out?? I am in no way greedy just want what is fair. I already am paying off my portion of the medical bills that were not covered by our medical insurance and feel like some the settlement should actually stay with us and not have every penny owed to others...which is what is happening.

Thanks for your site. I have sent sooo many people to it. You are great!



Hello Amy,

Thank you for your very kind words.

You can counter offer. Your settlement for pain and suffering and what is known as "general damages" are negotiable. If you believe that they are offering you something that is not acceptable, then you need to counter offer for what you believe that your injury is worth.

Again, this is a negotiation where both parties will go back and forth until you come to some kind of agreement. If you cannot, then you need an attorney.

This sounds like a bad situation, so you may want to talk to an attorney sooner rather than later.

I hope this helps.

To learn more about injury claims, please see:

and to get an attorney close to you, please see:

Good Luck,

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