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State Farm Low Balled Me W/settlement Offer...can I Sue The Guy That Hit Me In Small Claims Court For The Difference If I Accept The Offer?

Defamation Law Discussion Forum

State Farm Low Balled Me W/settlement Offer...can I Sue The Guy That Hit Me In Small Claims Court For The Difference If I Accept The Offer?

Postby lazzaro72 » Wed Nov 30, 2016 2:41 pm

I will try to be brief.  

In Sept. 2008, I was rear ended @ a stop light.  

I called the police and a report was made, the other driver was not ticketed.

I went to the chiro a couple of days after I was rear ended w/neck shoulder, and lower back pain.  My right hip also hurt, but, I felt it was related to my lower back pain, so, did not mention the hip...was hoping over time the pain would go away.

In December 2008, the hip pain became so intense, I started vomiting, had a very bad migraine and ended up going to the hospital.  The ER dr. documented my complaint of my hip pain from auto accident in Sept.

A few days later, I had a cortisone injection in my right hip.

Pain subsided.

Fast forward to March 2009...I twisted my back @ work.  Was put on 10lb. lift restriction, work didn't pay attention and within a few days, retwisted my back.

Filed Workmen's Comp.  Had a hearing, claim was denied...judge agreed w/employer that I did not sustain additional bodily injury and the back issues I was having was caused by the car accident in Sept. 2008 AND a fall I had when I had tripped over a curb in March 2008.  I requested an appeal...appeal was denied.

Over the summer, I lost about 4 months of work due to my back.  

State Farm finally made an offer of $7500 although my dr. bills have totaled over $12,000.  

I refused the offer.  I was told by the claims rep that since my dr. did not have the hip pain written down on the paperwork and my dr. records are stating bursitis as cause for hip pain, they will not consider my hip pain in the settlement AND nothing is being considered after March 30th of 2009 as part of the settlement because that should be taken care of by Workman's Comp.

I'm tired of everyone passing the buck and feel like I should be compensated for my injuries.

State Farm rep also said this was a low impact hit...low impact or not, the guy that hit me was going 35 to 40 mph and I remember the back of my head bouncing off the seat twice, along w/something "popping" in both my lower back and right hip.

When I looked up causes for bursitis, the explanation stated it is sometimes caused by an injury to the bursa, often caused by an auto accident. So, the question is this...State Farm said that is the FINAL/ONLY offer and it is now up to me to decide whether or not to settle...can I sue the guy that hit me $5000 in Small Claims Court to at least cover the rest of the medical costs?

Please advise.  
lazzaro72
 
Posts: 63
Joined: Mon Jun 17, 2013 11:38 am

State Farm Low Balled Me W/settlement Offer...can I Sue The Guy That Hit Me In Small Claims Court For The Difference If I Accept The Offer?

Postby Burel » Thu Dec 01, 2016 4:00 am

First of all, sorry for the delay, second of all, wow.

To answer your question . . . no.  If you settle with State Farm, then you are settled.  You cannot then go after the driver.  I hate to say it, but you may need an attorney.  Your injury is definitely worth more than what you have been offered.  You may also find it useful to familiarize yourself with the term mitigation, and yes, that is an "m".  Unfortunately, I don't believe you will be able to get anyone's attention without filing a suit.  

All that being said, be careful.  I don't know where this accident occurred, and the venue could be important.  I hope this helps, and if not, feel free to follow up.  
Burel
 
Posts: 35
Joined: Sun Jan 19, 2014 12:23 am

State Farm Low Balled Me W/settlement Offer...can I Sue The Guy That Hit Me In Small Claims Court For The Difference If I Accept The Offer?

Postby Merrion » Thu Dec 01, 2016 4:58 pm

I will try to be brief.  

In Sept. 2008, I was rear ended @ a stop light.  

I called the police and a report was made, the other driver was not ticketed.

I went to the chiro a couple of days after I was rear ended w/neck shoulder, and lower back pain.  My right hip also hurt, but, I felt it was related to my lower back pain, so, did not mention the hip...was hoping over time the pain would go away.

In December 2008, the hip pain became so intense, I started vomiting, had a very bad migraine and ended up going to the hospital.  The ER dr. documented my complaint of my hip pain from auto accident in Sept.

A few days later, I had a cortisone injection in my right hip.

Pain subsided.

Fast forward to March 2009...I twisted my back @ work.  Was put on 10lb. lift restriction, work didn't pay attention and within a few days, retwisted my back.

Filed Workmen's Comp.  Had a hearing, claim was denied...judge agreed w/employer that I did not sustain additional bodily injury and the back issues I was having was caused by the car accident in Sept. 2008 AND a fall I had when I had tripped over a curb in March 2008.  I requested an appeal...appeal was denied.

Over the summer, I lost about 4 months of work due to my back.  

State Farm finally made an offer of $7500 although my dr. bills have totaled over $12,000.  

I refused the offer.  I was told by the claims rep that since my dr. did not have the hip pain written down on the paperwork and my dr. records are stating bursitis as cause for hip pain, they will not consider my hip pain in the settlement AND nothing is being considered after March 30th of 2009 as part of the settlement because that should be taken care of by Workman's Comp.

I'm tired of everyone passing the buck and feel like I should be compensated for my injuries.

State Farm rep also said this was a low impact hit...low impact or not, the guy that hit me was going 35 to 40 mph and I remember the back of my head bouncing off the seat twice, along w/something "popping" in both my lower back and right hip.

When I looked up causes for bursitis, the explanation stated it is sometimes caused by an injury to the bursa, often caused by an auto accident. So, the question is this...State Farm said that is the FINAL/ONLY offer and it is now up to me to decide whether or not to settle...can I sue the guy that hit me $5000 in Small Claims Court to at least cover the rest of the medical costs?

Please advise.  
Merrion
 
Posts: 38
Joined: Fri Apr 04, 2014 4:34 am


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