Negligence, Other Injury Negotiating neglicence award

[sierrarls]

I was involved in a slip and fall at a very well known Los Angeles eatery. The floor was greasy (which the manager knew about). I fractured a toe. I have a credible witness (my witness and myself are working professionals). My total medical bills were approximately $5300. The adjuster from the liability insurance company cited two CA cases which allows the defendant to reduce the medical bills to the amount actually paid out by the medical insurance company. Apparently these cases have been criticized by other courts but have not been overturned. My medical insurance company actually paid out a total of $2800. The liability insurance company is offering $5000. They will absolutely not go a penny higher. Are they correct in their argument that they only look at the amount paid by my medical insurance company? Any suggestions as to whether or not I should accept this offer. Thanks in advance for your help.

 

[umed]

its good topic.

 

[PILawGirl]

Does your health insurance carrier have a lien on the amount they paid out for care on this injury? They will ask for reimbursement.

 

[sierrarls]

there is no lien

 

[Babylegal]

If the company is settling based on case law, case law governs. If you want to get an attorney they may be able to argue other angles on your behalf.