I recieved an offer of compromise from their insurance company. I don't agree with it!?

I need help writing a letter rejecting their offer of compromise.
They are trying to make me accept $500 from them and also the responsibility of paying for all damages and medical cost. A group of kids were two blocks away from school and school just let out. They were rushing to catch the city bus and ran crossing at a intersection. Because the light changed while my child was crossing, they say their driver was not at fault because his light was green. However after research I came to the conclusion that the driver was at fault because the driver failed to use caution and because cars in lane one and lane two were stopped allowing the children to cross. Therefore the driver in lane three should have stopped as well. VC:21951 Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

I have paid all the medical bills. $5000.00 They have paid nothing! They offered me $500 in the spirit of compromise. And want me to agree to repay the insurance company bill and what ever other bills there might be because of this. And release them of any fault. Let me ad that there were children that were ahead, beside and behind my child as well that were crossing the road as well.

Just tell them exactly what you think, state the code just like you did here. Don't be afraid to be a bit demanding. Tally up your bills and add a good chunk for your child's pain and suffering and demand that amount. Shoot high, it's their job to get it settled for as little as possible.

You shouldn't be dealing with the insurance company on your own. Contact your own insurance company; it's their job to do this.

NO don't accept it and get a lawyer. Pedestrians always have the right of way.

You need to get an attorney.

A three lane highway does not fall under that code, as it is not technically considered "passing", and that is just what the insurance company will say. It sounds like it truly was an accident, and if they are willing to pay damages and medical bills, I don't see what more you could want.

Sounds like you are being greedy, and trying to make money off this. I would think that the health of your child would be your prime concern.

That being said, the driver would have had a very hard time seeing a child crossing directly in front of him. The crosswalk lights give enough time for a person to finish crossing before letting the cross traffic go. If your child entered the crosswalk after the light started flashing, then he is at fault. If he entered before, then he was dawdling and did not cross quickly enough.

Here in WA state if the child is in a marked crosswalk I understand that the ped always has right of way. Definitely get your insurance company involved, that's what they are there for, they do it all the time and will know what your rights are in this. The other insurance company is just trying to bully and stonewall you. Also, you might want to contact the state AG as well as the police about your case . If they found the driver at fault how is the insurance company arguing with that?

You're rejection needn't say anything special. You just make a counter-offer. Explain that you appreciate the willingness to pay all medical costs and that the only dispute appears to be over pain and suffering. You think 500 is too low. (BTW, that money should be put aside for your son's use, not your's, as he is the one with the pain and suffering). Then make a counter-offer. A standard approach used by lawyers on both sides, is to have the pain and suffering component be a multiple of medical expenses. Somewhere between 3 and 7 seven times medical expenses is reasonable. So, if the total medical expenses were 1000 (do not deduct for your own insurance) then the pain and suffering component would amount to between 3000 and 7000. On the other hand, if the medical costs were negligible and the child has no ongoing needs then the 500 plus meds seems quite reasonable to me.