Hello. I am in Washington State. I am settling the injury portion of an accident claim, which was not enough to involve an attorney (the attorneys said so), but enough I want damages to compensate me. The accident totaled my car, and the other party was 100 percent at fault through police report, citation and that the driver admitted as much. His insurance company has not challenged that determination.
Now I am at the final stretch settling the injury part. My insurance company has been reimbursed 100 percent by the at-fault insurance company for medical bills my insurance company paid on my behalf, and there are no outstanding bills.
The medical bills totaled $2500. I asked for damages of $9,500 total to include the $2500 medical bills amount already reimbursed, with a demand of $7000 remaining as compensation for inconvenience, etc. (knowing the negotiations would reduce this amount). This was clearly spelled out in my correspondence (all was in writing, no verbal discussions), that $9500 was my total demand including the already reimbursed medical expenses and that $7000 would be net of that to me.
We went back and forth and they agreed to $5250 to me, in writing. My agreement to this was also based on this amount being payable to me with no encumbrances. I also sent them a recap email stating that the total award to release their insured would be $7750, of which $2500 was already reimbursed to my insurance company and that they owed me the remaining $5250 as agreed to damages.
So, when they sent the release form, they snuck in a paragraph saying that the $5250 would be the total settlement to include the $2500 already paid to my insurance company as medical expense reimbursement and the check to me would be for the remainder -- $2750, instead of the $5250 I had agreed to. They also said they will not discuss "your new demand of $7750".
I re-sent the original demand letter to them, saying they were misrepresenting and miscalculating the damages, and that my communications have clearly delineated that the $2500 for medical reimbursement had already been included in my demand amount .
They raised their offer by $200 as "their final" and said that is the best they can do. Is it really? I feel like this is a bait and switch -- they agreed to one amount net, and then moved the goal posts. I have pointed out that their insured is clearly at fault, and by his own admission, that a day in court would be more costly all around and their insured would not be too happy about that either, and that I have also talked with the State insurance commissioner.
What else can I do? Can I accuse them of bait and switch? Recourse? Unfortunately, and somewhat due to Covid delays, etc, I am at the final stretch of the statute of limitations on this claim in order to file a lawsuit, and it would be small claims court, which is almost impossible to get any answers from due to the courts not being in session reliably or staffed.
Thank you.
Now I am at the final stretch settling the injury part. My insurance company has been reimbursed 100 percent by the at-fault insurance company for medical bills my insurance company paid on my behalf, and there are no outstanding bills.
The medical bills totaled $2500. I asked for damages of $9,500 total to include the $2500 medical bills amount already reimbursed, with a demand of $7000 remaining as compensation for inconvenience, etc. (knowing the negotiations would reduce this amount). This was clearly spelled out in my correspondence (all was in writing, no verbal discussions), that $9500 was my total demand including the already reimbursed medical expenses and that $7000 would be net of that to me.
We went back and forth and they agreed to $5250 to me, in writing. My agreement to this was also based on this amount being payable to me with no encumbrances. I also sent them a recap email stating that the total award to release their insured would be $7750, of which $2500 was already reimbursed to my insurance company and that they owed me the remaining $5250 as agreed to damages.
So, when they sent the release form, they snuck in a paragraph saying that the $5250 would be the total settlement to include the $2500 already paid to my insurance company as medical expense reimbursement and the check to me would be for the remainder -- $2750, instead of the $5250 I had agreed to. They also said they will not discuss "your new demand of $7750".
I re-sent the original demand letter to them, saying they were misrepresenting and miscalculating the damages, and that my communications have clearly delineated that the $2500 for medical reimbursement had already been included in my demand amount .
They raised their offer by $200 as "their final" and said that is the best they can do. Is it really? I feel like this is a bait and switch -- they agreed to one amount net, and then moved the goal posts. I have pointed out that their insured is clearly at fault, and by his own admission, that a day in court would be more costly all around and their insured would not be too happy about that either, and that I have also talked with the State insurance commissioner.
What else can I do? Can I accuse them of bait and switch? Recourse? Unfortunately, and somewhat due to Covid delays, etc, I am at the final stretch of the statute of limitations on this claim in order to file a lawsuit, and it would be small claims court, which is almost impossible to get any answers from due to the courts not being in session reliably or staffed.
Thank you.
