Serious question: I know I am an attorney but this so outside my area. I was rear ended about a year ago and I need to either settle with the insurance company or sue them. Could someone provide some guidance? I really really need some help with this

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Can you sue the person who rear ended you? Their insurance should pay for your medical expenses.

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What state are you in?

Depends on your injuries. If they're soft tissue, and you're done treating, you can usually get it done with the adjuster. I don't practice in Texas so I don't have any experience or knowledge of whether they do paid versus build medical, etc. But those things are relatively easy to determine. If you have a friend or colleague that handles this type of law and is willing to take on your case for a minimal fee as opposed to 1/3 that might be the way to go. Otherwise I'd take my chances with the adjuster before suing it out. That's my two cents anyway.

Extra info: they paid for my car repairs but not for my ER visit and I go to the chiro on the regular

Did you go to the chiropractor before this? What's the SOL in TC on BI? They will usually try and make you an offer to settle. That's where you want to be aggressive. They won't usually offer if you aren't done treating though. Or it may be we will pay Medical bills, x Dollars and 3 more months of chiro.

I know that I can but I am not sure whether it is better to start “aggressive” or just try to negotiate first and wanted some advice. Would suing from the get go be best?

Okay that makes sense. Thank you for the advice!!

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