A friend was rear ended by someone on a cell phone and injured. The ins. co. Met Life offered her almost nothing above her medical bills. After her insurance co. takes the $ for medical she will get $ 700 for a neck injury that is still with her after 2 years.
Can she at least file in small claims and get $ 7500 for the accident. Anyone have any legal expertise on this? Thanks
Answer by Smooth, but not a criminal ♥ MJ
yesh
Answer by L
she shouldnt be paying for any medical bills... talk to the insurance and complain or find a lawyer. my bf got hit by a lady running a red light and his medical bills were paid ALL by the other person's insurance. he had to take time off at work becuz of his injury... they had to pay that too.
Answer by snpuck
short answer is yes
long answer is hire a lawyer, especially to sue your insurance company for not properly handling the case
Answer by lucy
I am guessing she has a lawyer since it has been over 2 years.
If she has a lawyer, he can advise if good idea or not. But be advised, most small claim suits have a MAXIMUM of $ 5k, so no way could she get $ 7,500.
The insurance company is owed for reimbursement of paying her medical bills. If not for insurance, she would be out and owing and most likely in collections for the medical bills.
If they have offered her $ 700 over the medical bills, most likely they value her injury at around $ 1000 to $ 1,200 max for her pain/suffering.
Your friend needs to get her mind focused on the fact that if she believes her injury is worth $ 7,500, she will be waiting another 5 years and most likely back to where is she is now.
If they offered her $ 700, she has a minor injury claim; most likely whiplash that probably could have been settled 18 months ago for the same amount of money.
Metlife is a HUGE COMPANY with many lawyers they hire to defend them. If they have to pay $ 10,000 to these lawyers to defend them and pay $ 700, they will.
good luck
Answer by mbrcatz
If she's already accepted the insurance company settlement, she signed papers which means she can't sue the insured person.
Most states, you can't sue for bodily injury in small claims court. Most states, have a limit for damages that you CAN sue for - usually, under $ 5,000. But it can vary by state, so you should talk to a local attorney.
Answer by MSAD
She can file in small claims - as long as she has not signed a release of all claims and settled with the insurance company.
However, there is no guarantee that she will get 7500.
There is no guarantee that she will get 700 over her meds.
It's possible that she get less than she was already offered.
Court is never a sure thing and no one here can tell you what she will get. Only the judge who rules can tell you what you'll get.
Know better? Leave your own answer in the comments!
Orignal From: Can you file a claim in small claims for bodily injury?
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