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 Posted: Mon May 18, 2009 7:07 pm Post subject: injury settlement negotiation |
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An 87 yr old man ran a stop light and T-boned my vehicle in the intersection totaling my car. I had to be extracted from the vehicle. I am currently in negotiation for settlement with my insurance adjuster. I have written my original demand. I inflated the demand aprox. 6.5 times the medical amount, demanding $38,000.00 and change. The police report clearly state I was not at fault. This was soft tissue injury, whiplash/contusions. 14 physical therapy sessions, medical from Oct to Jan. The insurance adjuster offered originally $6000.00, then, $8500.00, now $9000.00. How far should I push? I lowered my demand to $25000.00 after her 8500.00 offer. How much more should I push? Total medical was aprox. $6000.00. My demand package included lots of losses of experiences, and graphic pain and suffering, with mental aftermath continuing to date. With pictures of injurys, and damage to vehicle She has now written and asked I give a new demand so she can reply with a new offer. Where do I go from here?
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Tortstate
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| Posted: Mon May 18, 2009 8:56 pm Post subject: |
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| Quote: | | Where do I go from here? |
I new thread hopefully. (done-lori  )
I don't think you are expecting much more then $9,000, especially with $6,000 in meds and only the mention of 14 PT sessions.
There is no what to know what a good settlement would be as so many other factors come into play. But I'd say that for a soft tissue injury, only 14 PT visits and if the lions share of remaining bills are for diagnotic work, $8000-$9000 on $6000 in meds is pretty good. |
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tcope
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| Posted: Tue May 19, 2009 10:07 am Post subject: |
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Well, I think that even if you demand a million as compensation you wouldn't get more than the policy limit of the other driver, unless the guy is a millionaire. Keep that in mind while negotiating.
You are entitled for what you have suffered. So, try not to be greedy.
Now, if you just keep on pressing the issue the adjuster may simply let you go to the court for more. However, that doesn’t guarantee that you would get what you have demanded. Further, you would then be liable to pay 33% of the compensation amount as the attorney's fees. |
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simon
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| Posted: Tue May 19, 2009 11:33 am Post subject: |
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I think your well aware your 25k demand was out of line, but hey I don't blame you...you can always come down and can never go back up...I'm with Tcope I think 9k is right in the ball park, maybe even a little generous.
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Lori
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| Posted: Tue May 19, 2009 7:38 pm Post subject: |
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What if you have neck and back problems the rest of your life? Is $9,000-$25,000 a fair amount?
What if you are already fully recovered? Do you want to profit from this?
If you are trying to profit as much as you can, you are going to need a lawyer. |
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InsuranceExpert
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| Posted: Wed May 20, 2009 3:39 am Post subject: |
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A telling point is that the adjuster went up 2,500 and then just 500. They are either telling you that they don't have much more wiggle room or that you need to be reasonable. Personally I would come down to 15K and see what they go up. If it is another small amount, you will know that they are at their limit. If you can squeeze 10 to 12K, it would seem to be a gift (without knowing all specifics).
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Dasfuk
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| Posted: Sun May 24, 2009 6:43 pm Post subject: |
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So what's the prognosis with regard to future physical impairment? What do you mean by "losses of experiences"? Can you show any hard, tangible loss of income?
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flint
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