by lmilton1215 » Wed Jan 28, 2009 09:39 pm
Hello, I had an auto accident in May, 2006. The other driver was at fault and I suffered some injuries, primarily in my left hip. The last doctors visit I was told that not only do I have a laberal tear but I will need a hip replacement some time in my future. I am in various degrees of pain everyday. Some days are not as bad as others but the injury has impacted my ability to be active and my sex life with my husband is almost non-existent. My car was repaired for about $10,000 and my medical bills including 3 rounds of physical therapy, MRI with contrast, steroid injection, x-rays, etc. were about $9,000. I have to settle this claim by May and am not sure what is a fair settlement. They have yet to make me an offer. Should I present an offer? If so, what would be fair?
Posted: Sun Feb 01, 2009 05:06 am Post Subject:
One wrong move and they could hurt their chances of getting a fair settlement.
What's a fair settlement. There really isn't an answer. You could have two people of the same age, lifestyle, with the same injury, everything exactly the same. They both get the same settlement and for the one it is fair and the one it is not. Why? Because it is people's perception to what is fair. As long as the OP is getting reimbursed for all medical bills (present and future), extra expenses, lost wages and out of pocket costs; any amount on top of that is subjective depending on the person. Sure there is a rule of thumb that some attorneys and adjusters may use of 3-5 times medicals, but it comes down to what someone is satisfied with and what the company is willing to offer.
So what the OP or a person in their position needs to do is to add up all of the above expenses to make sure they are covered and then figure out what they want on top of that. The insurance company will either except it or reject it. Will they get the maximum settlement, probably not…. but as long as they are satisfied with it….then its fair.
People also have to understand when they have a claim worth 10K and one worth 6 figures.
Posted: Sun Feb 01, 2009 11:59 am Post Subject:
Great post Dasfuk...
What is fair is totally in the mind of the (responsible) injured party...The reason we both agree (and i think anyone once they think about it) that she should push the adjuster to make the first offer is so she won't bid against herself and will know the bottom range of the adjuster's evaluation of her injury....now if it looks way too low and the negotiation is not moving forward she can always get an attorney then. But I think she is doing the right thing in trying it herself prior to giving a third of HER money away.
Posted: Sun Feb 01, 2009 02:40 pm Post Subject:
If the poster has to make the first demand she/he could always make it for an amount they know is a little overboard and then wait for the adjuster to say "thats not realistic". Then the injured could come back and say something like " ok tell me what you think it is worth I want to get this settled". The injured would be telling the truth and it would leave the door open for the adjuster to make the first offer right? It would also give the person an idea of what the lowest amount the adjuster would go for. Just throwing out a couple ideas so the injured would not make the first offer. Does this sound like a reasonable thing to do?
Posted: Mon Feb 02, 2009 11:33 am Post Subject:
Does this sound like a reasonable thing to do?
yep and if pushed (in personal NOT professional life) to make a first offer I have said, 'ok a million dollars' with a wink....Posted: Tue Feb 03, 2009 12:21 am Post Subject:
I thought that too. I was just trying to give her something to help out. I know how hard these things can be if you do not have a clue where to begin.
Posted: Wed Feb 04, 2009 05:32 am Post Subject:
yep and if pushed (in personal NOT professional life) to make a first offer I have said, 'ok a million dollars' with a wink....
I have seen this approach back fire with certain adjusters, even with a wink. Some adjusters might take offense and come back with 1K…..your turn to counter. Have them make the first offer.
Posted: Wed Feb 04, 2009 12:31 pm Post Subject:
I have seen this approach back fire with certain adjusters, even with a wink. Some adjusters might take offense and come back with 1K…..your turn to counter.
me too...and that is only in a personal circumstance i would/have done that...Have them make the first offer
absolutely!Posted: Mon Feb 23, 2009 06:52 pm Post Subject: What if I have to go back to the doctor during settlement?
I have been experiencing more pronounced pain in the past few weeks. Each time I bend over, get in and out of my car and standing up from sitting I am in pain... It used to be that the discomfort was sporadic and primarily occurred when I would go up the stairs or sit for a long time (long car drives), bending over (sometimes). Now it's becoming more constant and I believe I need to to the the orthopedist take a look. They are still reviewing the file and have not made me an offer but I don't want to do anything that will delay this. May 2009 is very close... Any suggestions? If I go, will this cause a delay?
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