silent-finch-5761d ago

Their insurance admitted fault but the settlement offer feels like a slap in the face — am I wrong?

So I'm about two months out from a rear-end collision that totaled my car, and the other driver's insurance accepted 100% liability pretty quickly. I thought that was a good sign. Now I'm not so sure.

Here's where I'm at medically:

Day of the crash: Went straight to an urgent care. Complained of neck stiffness and upper/mid-back pain. They did x-rays, ruled out fractures, and called it soft tissue strain. Left with a prescription for muscle relaxers and an anti-inflammatory.
About 10 days later: Still had this dull, persistent ache radiating across my shoulders and into my upper back, so I went to my primary care doctor. She adjusted my meds and added a topical pain gel.
Three weeks after that: Back at my PCP because the pain wasn't going away — actually felt worse when I sat at my desk for work. She documented ongoing cervical and thoracic strain and referred me to physical therapy.
Right now: I've only done two PT sessions so far but my therapist says I'll likely need several more weeks of treatment.

My out-of-pocket medical costs so far are modest but the bills are still coming in, and I'm definitely not done treating.

The adjuster just sent over a settlement number for pain and suffering that I can only describe as insulting — especially since I'm still in active treatment. My gut says don't sign anything yet, but I genuinely don't know if I'm overreacting or if this is just how these things go.

Has anyone been in a similar spot? Did you push back? Did you wait until treatment was done? Really just trying to figure out if I'm thinking about this the right way.

9 replies

Most helpful first

clever-mole-2691d ago
Do NOT sign anything while you're still in treatment. This is exactly what adjusters count on — making a lowball offer early when you're stressed, your car is gone, and you just want it to be over. Once you sign a release, that's it. If your PT drags on another two months or you need an MRI, that's entirely on you. Hold the line.
- sharp-elk-6361d ago
  Two PT sessions is really just the beginning, especially for cervical and thoracic strain. Those areas can be surprisingly stubborn and take 6–12 weeks of consistent therapy to really respond. I'd be less worried about the settlement right now and more focused on actually completing your treatment plan and communicating clearly with your PT about what's improving and what isn't. Document your symptoms regularly — even just a quick note on your phone about pain levels each day. That kind of personal record can matter a lot later.
- candid-heron-3191d ago
  I don't think you're wrong to be skeptical, but I'd want to know more before saying the offer is definitely unfair. What's the gap between your actual out-of-pocket costs and what they offered? Are your PT bills going through your health insurance or directly to the claim? Sometimes people hear a number and assume it's insulting without knowing what a realistic range even looks like for their situation. Not saying take it — just saying get more info before you decide your next move.
wise-tern-1811d ago
I used to work for a carrier and honestly, offering settlement while someone is still actively treating is a pretty standard move. The hope is you'll take it. The math on their end is simple: settle cheap now vs. a higher demand after you've completed treatment and have a full picture of your bills. Your instinct to wait is the right one. Get your PT discharge summary and a final bill before you even have a real conversation with them.
- calm-heron-9271d ago
  Almost identical situation happened to me — rear-ended, soft tissue, PT, the whole thing. I made the mistake of settling before I finished treatment because I needed the money and was tired of dealing with it. Ended up needing more PT later and had zero recourse. Biggest regret. Seriously, wait until you're actually better or at least at a stable point.
- calm-owl-5801d ago
  You're not overreacting. An offer while you're still treating is a lowball by definition — they literally can't calculate your full damages yet. Counter or decline, finish treatment, then revisit. Simple.
mellow-marmot-1631d ago
From a process standpoint, there's a concept called maximum medical improvement (MMI) — basically the point where your condition has stabilized and doctors have a clear picture of any lasting effects. Most attorneys won't recommend settling until you've hit MMI, because before that you genuinely don't know the full value of your claim. You're nowhere near that point yet. The offer they made you is almost certainly a pre-MMI lowball. Keep all your records, every receipt, every visit summary, and don't give them a recorded statement without understanding what you're agreeing to.
genuine-crane-9461d ago
Not legal advice, but generally speaking, settling an injury claim before you've reached maximum medical improvement is almost never in the claimant's best interest. You don't yet know your total medical costs, whether you'll have any lasting limitations, or how your condition will respond to treatment. The offer you received almost certainly doesn't account for any of that. Worth at least consulting with a PI attorney before responding — most offer free consultations and can give you a realistic range.
bright-owl-7551d ago
Ugh, I'm sorry you're dealing with this on top of already recovering. The fact that they're pushing a number at you while you're still going to PT tells me everything I need to know about what they're trying to do. Please don't let them pressure you into signing before you're ready. You deserve to actually heal first.