PAIN & SUFFERING

by Guest » Thu Nov 06, 2008 11:38 pm
Guest

I WAS INVOLVED IN AN ACCIDENT WHERE THE OTHER PARTY'S INSURANCE ADMITTED FAULT AND THEIR INSURED PARTY WAS ISSUED A CITATION FOR CAUSING THE ACCIDENT. FORTUNATELY I WAS NOT INJURED. THEY ARE OFFERING $500 FOR PAIN AND SUFFERING AS BOTH AIR BAGS WENT OFF. IS THIS A FAIR OR COMMON SETTLEMENT AMOUNT?

Total Comments: 11

Posted: Thu Nov 06, 2008 05:53 pm Post Subject:

kelley44, it would be better to start a new thread so this one might be split out.

Yes, that is common and IMHO, shows that the adjuster understands the situation. Many adjusters might not offer anything as there is no documentation (medical bills) to confirm any pain. But I think we can all agree, an airbag going off in your face is going to hurt at least a little. Personally, I think $500 is a _very_ fair offer! It depends on your area but I'd probably offer something like $200 and would probably go to $300 if it would settle the claim quickly.

When I get into an accident, I want that adjuster! :)

Posted: Thu Nov 06, 2008 11:34 pm Post Subject:

Only you can make that decision, but if you didn't even go to the doc, etc...I'd think 500 is VERY generous frankly. I wouldn't have offered anything probably unless they complained, then MAYBE 250.00.

I agree with Tcope I want that adjuster! Take the money and run before their supervisor looks at that claim! :o

kelley44, it would be better to start a new thread so this one might be split out.

got it Todd :wink:

Posted: Fri Nov 07, 2008 12:42 am Post Subject:

Thats sounds pretty fair. I never they even offered to compensate for pain and suffering if you weren't injured. Yes gettineg hit in the face with an airbag would hurt and it was good that they made you a good offer up front.

Posted: Fri Nov 07, 2008 07:15 am Post Subject:

You can decide whether or not to accept the pain- and-suffering compensation, but without any medical bill it would be difficult to bargain on the amount. The compensation for pain-and-suffering may range between half of the total medical bill to double of the total expenses depending upon the severity of the injuries.

Posted: Fri Nov 07, 2008 07:19 am Post Subject:

Hi Kelly, there isn't any standard formula to compute the fair amount for P&S, some may offer you three times of the total medical expenses. You can either accept the amount or can negotiate it further to raise the limit. However, I'm in accordance with the adjusters of the board, $500 P&S sounds pretty fine for no apparent injuries.

Posted: Fri Nov 07, 2008 11:00 pm Post Subject:

I was told by a adjuster that you can not figure out a settlement from the medical bills. This in fact was a big and common misconception.

Posted: Sat Nov 08, 2008 03:13 am Post Subject:

I would say that the insurance company is essentially peeing down their leg here. They know they're liable and are looking for an easy way out.
If you didn't sustain any injuries and have recovered without any ongoing trauma, take their money and sign the waiver.

Just for the heck of it though, you may want to chat with counsel. If you need the name of a good lawyer who'll look at your case for free, PM me.

Posted: Sat Nov 08, 2008 01:08 pm Post Subject:

Wow...agood lawyer and the word free doesn't appear in the same sentence very often!!!

Posted: Sat Nov 08, 2008 04:58 pm Post Subject:

It's all about who you know.

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