by Guest » Thu Jan 08, 2009 04:11 pm
I was involved in accident back in july where car ran red light and hit me as i was passing through my GREEN light. I was injured and set in ambluance till my son arrived then he took me to hosiptal. Had sore chest and side from impact and air bag and seat belt. SO my doctor 3 days later with pain more serve gave me pain pills and stay out of work for week. Went back to work and by the end of that week was in very bad pain from back muscle spasms. Went back to doctor he did xrays gave me more pain pills and muscle relaxers. Have seen him 3 more time and he sent me to physical therapy which i went to 7 times. ( hard to do when you have no car and have to beg for rides!) My car was totaled ($6,456). Was out of work for a total of 6 days ($593). Total of medical bills and physical therapy was $2340.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.
Was finally released 5 months later so insurance adjuster offered me medical ($1990)lost wages ($472) and pain and suffering of $2014. I told that was not acceptable because to begin with she didnt have my med. bills correct and my lost wages were not correct . I told I would get back to her with the correct information she needed. I sent her a demand letter attaching all the correct information and asked for $18,000 ( I know this is high but just a starting place) for pain and suffering .
Any suggestions on a meet in the middle amount!! Im thinking around $9,000? Thanks for any advise with this.
Posted: Sat Jan 10, 2009 10:30 pm Post Subject: re: $7500
She refused $7,500, waited 2 weeks and they offered her $25,000?
No, that's not what happened. That range is extremely unlikely. Also, it doesn't go to court if the offer is refused. It goes to court of she sues the insurance company or the other driver/vehicle owner. Since you didn't indicate she filed suit, there would be no motivation for the insurance company to come back with an offer more than 3 times the original.
In general, what the insurance company offers you for your injury will be fair. There is no formula and perceptions of the value of pain vary. Every claim has a range, whether it's $100-200 or $22,000-$26,000 and there is nothing wrong with negotiating to the higher portion of the range.
There are ranges which will be less than what is fair, but those cases are more often the exception than the rule.
Posted: Sat Jan 10, 2009 11:40 pm Post Subject:
I was told by the other insuracnce company after a wreck that it is a common misconception to figure the value of a claim at three times the medical bills.
You were told correct this is a common mis-conception, however, in the 'good old days' this was a starting point but no longer....OP I agree with the other adjusters, I think 9k is too high, (given the information we have)...a lot goes into figuring out an injury settlement...specials or actual bills (loss of wage, medical bills etc) are a given but as to the 'pain and suffering' portion many many things go into that...location is a big one, age, prior health, prior fitness (or lack of), prior injury or simply age degeration, also were there any 'gross' negligent factors with the accident..since pain and suffering are subjective, this is where the real negotiation comes in, as well as looking at each claim on it's own merit...
I've had people with fractures including vertibrae, that never missed a day of work...and others with soft tissue injuries not work for months... go to p.t. or chiro, every day for six months....so you see there is much more to it than figuring it from the bills etc.
Most soft tissue injurys will (in truth) resolve themselves within 30-60 days or so...you can treat and feel better or maybe get over it quicker with some p.t. etc. but typcially if you are in good health and age hasn't started to get to you yet, or your healing process (sure has got to my 'healing' ability, I'll tell ya! :roll: )...soft tissue injuries are not permanent.
IMO, given the information we have I would think your claim (including specials) would be in the 4500-6k range...
I don't think this part of a settlement is negotiable.
It's not, loss of wage is pretty black and white it is what it is...Good Natured, your aunt's claim had more to it than just waiting two weeks...(for sure) there may have been some medical bills not received by the carrier, or more than likely some doc reports that moved her injury value way up...hard to say without seeing the claim, but I'm sure the adjuster got some (new) information in that two week period that changed the value of the claim.
Posted: Sun Jan 11, 2009 01:38 am Post Subject:
Lori, What does location have to due with a matter? This one really stumps me. Is it like car insurance and how rates are hugher in one area?
Posted: Sun Jan 11, 2009 01:54 am Post Subject:
Yes fireyone, car insurance can be higher in some places versus others, I just went through this and is what made me change insurance companies. My rates went up because of all the medical claims in my area, or that is what my insurance company said. Any way went to a bigger company that said they could absorb the cost and give me a lower rate. At least that is the way that they explained it.
I guess they factor in the area, how many claims are filed, what the laws are (tort laws) and then factor the rates that way. correct me if I am wrong or elaborate, that is the way that I understood what they told me on the phone.
Lawsuits differ by area also, my husband was hit head on and if it would have been in the bigger county the attornies told him it would have been a million dollar lawsuit, since it was a smaller county it was worth $280,000 minus attorney fees.
Posted: Sun Jan 11, 2009 02:01 am Post Subject:
I guess there is probaly a reason for it but its a shame for the person whom was hurt, especially if they were hurt bad like your husband. They are going to suffer the life long effects the same as the person in the larger area. How is their life or injuries worth less. Thats a shame.
Posted: Sun Jan 11, 2009 02:12 am Post Subject:
She has an injury that could not be fixed because she has heart issues and they did not think that surgery was an option. I may not fully understand it all, but she was irrate about the first offer, it was really low and then they came back with the bigger offer, much bigger offer. It just happened like two months ago.
Posted: Sun Jan 11, 2009 02:32 am Post Subject:
Is that a fair settlement for her though? What type of injury does she have that keeps her from being operated on? If that is their highest offer maybe they are taking into consideration her past health conditions and the fact that it is what is keeping her from getting better and not the accident itself.
Posted: Sun Jan 11, 2009 01:36 pm Post Subject:
Lori, What does location have to due with a matter? This one really stumps me. Is it like car insurance and how rates are hugher in one area?
yep goodnatured explained it pretty good (and correctly)...all 'stuff' including injury settlements are worth differing amounts....a broken leg in the midwest will be valued differently than a broken leg in NY City....Posted: Sun Jan 11, 2009 03:10 pm Post Subject:
It really sounds crazy but believable. When my dad lost his arm in a car accident where he was hit by a drunk driver he didn't get much...this was years ago but even he said they put a value on each part and injury. It just seems pretty morbid but I guess they have to find some way to weigh a claim.
Posted: Thu Oct 15, 2009 09:07 pm Post Subject: Pain and Suffering Amount
I do not think there is an actual calculation they use to figure pain and suffering. I go to settlement mediation for my case (Florida required mediation). I slipped and fell at the grocery store 19 months ago. I am now the owner of 3 bulging disks in my lumbar spine, some are pressing on my sciatica nerve causing great pain. I also hurt my hand which compressed the ulna nerve and caused my hand to go numb. I have had 2 MRIs, 1 surgery on arm, 3 sessions of Phy Therapy, Deep needle PNT therapy on my back, 4 steroid shots in my back and 1 in my knee, numerous orthopaedic and Neurologist and pain management doctor visits (too darn many to count) and a WHOPPING medical bills total $83,000. I have lost $20,000 in wages and because I can only work part time, I also lost my medical and also paid vacation (4 weeks) and paid sick days (18 days). These benefits are only for full time employees. I can no longer drive myself because the pain meds and muscle relaxers make me drozey. I do not know what the figure will be for Pain and Suffering but I am more than sure they will not pay me what I think it is worth.
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