Any injury lawyers out there?

[BoxingRed]

A little over a year ago, I was hit by a car while jogging. It was a clear day and I was on the side of the road and the road was empty. Basically, it was a little old blue hair that had no business driving. I filed a police report, the old lady even called me up that night to apologize and I have a witness that picked me up and could attest to her being out of it when he arrived.
To make a long story short, I was not seriously injured and have not really had any lingering effects from the accident.
I am now having difficulty getting her insurance company to settle with me in that they are not returning calls and, when I do speak to them, seem to be getting put off.
I am not seeking any big settlement, just money to pay for the medical bills, time lost from work and for some shoe pads ($20 a year) that I will have to use for the rest of my life.
I was considering writing a letter demanding about twice what I want to get and hinting at hiring a lawyer in hopes of getting some movement on the case. Is this a good idea? A friend who works for an injury lawyer told me it would be difficult to get some one to take my case as the money is relative chump change.
Any help or similar experiences would be great. I know that I have made mistakes handling the case, but I naively thought this was open/shut.

[Handofdeath]

I had to deal with insurance companies like that twice. They are not going to do anything fast and I can guarantee you that no matter how bad you are hurt they are going to pay you as little as they possibly can. My advice is to see an attorney NOW. Most offer free consultations and you can get a better idea of what can and should be done.

[RFS62]

I'll bet that one letter from an attorney will change their attitude completely. They know that if a suit is filed, they'll have to spend thousands just to defend it.

Most companies would consider it a nuisance once an attorney is involved and pay to make it go away. Many times, cases have no merit at all and are paid token sums to avoid a trial. That's one of the main reasons injury lawyers have such a bad name. They know how to work the system on specious claims.

Not saying your claim has no merit, because it sounds to me like it does from your description. My advice, tell the insurance company that you're going to bring in an injury lawyer and see if their offer changes.

[RedsBaron]

Insurance companies do vary as to how they handle claims, as some really are responsive and try to be fair, including one I do quite a bit of work for. Unfortunately some insurance companies are staffed by scum.
No insurance company wants the claimant to have a lawyer.
Many states also have regulations requiring insurance companies to be responsive in dealing with claims.

[SandyD]

Another avenue you should consider is calling the DOI in your state, and filing a complaint or even just asking questions. Call the ins co and tell them/leave a msg that you are calling the Dept of Ins if you do not get a response by the next bus day. If they don't call you back, call the DOI. Ask questions. File a complaint if they advise you to. Or follow their recommended course of action.

You said the accident happened a little over a year ago? You may want to find out when a case proscribes in your state. Hopefully, it's not one year.

[BoxingRed]

Thanks for the responses. I have drafted my "demand" letter. Hopefully this will get some movement out of them. SC has a 3 year limit on settling a claim, so I just didn't want to let this thing linger.

[SandyD]

I would recommend that you submit submit the letter by fax and mail. Email if you have it. Include your email address on your letterhead. Follow up with a phone call by the middle to end of next week. Speak with or leave a message for the manager. Tell them you are ready to settle.

We're coming up on the end of the quarter. If you have provided them with the documents they need to evaluate the claim, they should be prepared to make you an offer. And they will be looking for end of the month/end of quarter closures.

[George Foster]

You should notify the lady that hit you as well. Tell her in a nice way that HER insurance company has not done it's job and if they don't, you will have no other choice but to take her to court. Suggest that she call her agent at once.

You can't sue the insurance company. You sue the person that hit you.

[BoxingRed]

You should notify the lady that hit you as well. Tell her in a nice way that HER insurance company has not done it's job and if they don't, you will have no other choice but to take her to court. Suggest that she call her agent at once.

You can't sue the insurance company. You sue the person that hit you.

That's an idea as she called me that night to apologize and check on me. I'll keep that in the holster till I need it.