The Shoulder
The Shoulder
61
Insurancepatient-newt-712

At-fault driver's insurance accepted liability — how do I even start figuring out a settlement number?

Hey everyone, still kind of in shock from everything that happened. About two weeks ago I was driving through an intersection on a green light when a pickup came flying through from a side street and T-boned me on the driver's side. No hesitation — full speed, didn't even look. Cops showed up, wrote up the report, and the other driver got cited on the spot.

The other guy's insurance called me within 48 hours and said they're accepting full liability, which I guess is good? But they were SO friendly about it that it made me a little suspicious honestly.

I went to urgent care that same night and then followed up with my regular doctor. I've got soft tissue damage along my upper back and left shoulder, plus some neck stiffness that my doctor says could linger. Nothing broken, no surgery talk yet, but I'm doing physical therapy twice a week and it's not cheap.

My car is being handled through their property damage side and that part seems straightforward enough.

What I'm completely lost on is the injury claim. I've reached out to a couple attorneys and they were kind of vague — one said I should wait until my treatment is further along before even talking numbers. That makes some sense to me but also I feel like the clock is ticking and I don't want to make a dumb move.

Has anyone been through something similar? How did you figure out what to actually ask for? Do I just let the insurance company make an offer first? I genuinely have no idea what I'm doing here and would really appreciate hearing from people who've been through it.

13replies

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13 replies

  • 19
    keen-seal-624

    The advice to wait on a number isn't just a stall tactic — it's genuinely how these claims work. Settlement calculations usually factor in things like total medical bills, lost wages, future treatment costs, and pain and suffering. You can't know those numbers while you're still actively in treatment. If you settle now and your shoulder gets worse in three months, you generally can't go back and ask for more. Most states have statutes of limitations of a couple years, so you do have time.

    • 16
      genuine-wolf-736

      Not legal advice, but the attorneys you talked to were pointing you in the right direction. Settling before you've reached maximum medical improvement is one of the most common mistakes injury victims make. Once you sign a release, that's it. Keep documenting everything — mileage to appointments, missed work, how your pain affects daily life — and consult a few more attorneys once you're further along in treatment. Most do free consultations.

    • 7
      gentle-wolf-988

      This sounds so stressful, especially when you're still in pain on top of trying to navigate all the insurance stuff. Please make sure you're actually resting and not pushing through PT if something hurts more than it should. The claim stuff can wait a little — your body can't.

    • 6
      steady-driver630

      Solid advice. Getting it in writing is the part most people skip.

  • 18
    steady-wren-150

    That 'friendly' feeling from the adjuster is a huge red flag for me. When they're overly warm and cooperative early on, it usually means they're trying to get you comfortable so you'll settle fast and cheap before you know the full extent of your injuries. Don't let their niceness rush you into anything.

    • 4
      steady-parent985

      Appreciate the detailed write-up. Saving this for later.

  • 18
    patient-fox-110

    Quick question — did you actually get a copy of the police report yet? And when the insurance company said they're accepting liability, did they put that in writing or just say it verbally over the phone? Those two things would change how I'd think about where you stand.

  • 15
    kind-raven-454

    I used to work claims and I'll be real with you — when liability is clear-cut like yours, our job shifted immediately to minimizing the payout on the injury side. The adjuster calling you quickly isn't customer service, it's strategy. They want a recorded statement while you're still shaken up and before you have a full medical picture. Decline any recorded statement for now if you can.

    • 14
      bold-crow-737

      I had something almost identical — clear liability, soft tissue stuff, PT for months. The attorney I eventually talked to told me the exact same thing yours did: wait until you hit 'maximum medical improvement,' which basically means when your doctors say you're as healed as you're going to get. I was impatient too but I'm really glad I waited. My treatment ended up taking way longer than I expected and that mattered a lot.

  • 13
    clever-heron-617

    Please don't downplay your symptoms to anyone — not the adjuster, not even your doctor if you're trying to seem tough. Soft tissue injuries to the neck and upper back can genuinely take months to fully manifest or resolve. Keep showing up to PT, document every appointment, and tell your doctor honestly how you're feeling week to week. That paper trail matters more than people realize.

    • 5
      steady-survivor383

      Going through something similar right now. Did following up actually move the needle for you?

  • 12
    spry-crow-366

    Three things: don't give a recorded statement to their adjuster, don't sign anything, and keep every single receipt and explanation of benefits from your insurance. That's it for now. The settlement question honestly comes later.

    • 7
      honest-survivor562

      Same boat here. Did anyone mention a deadline to watch out for?