by Guest » Mon Dec 17, 2007 10:58 pm
I was involved with a third party car accident. They are calling it a low impact accident since my car had $650 in damage. However, it didn't feel low impact and I was diagnosed with whiplash. I've been receiving treatment and my medical bills are approximately $4900. I'm in the process of trying to settle with the insurance company. I've been reading I should ask for 3 times my medical bills as a starting point. Should that include the payment of the medical expenses or not? What is a fair and reasonable settlement. I still have neck pain and I fly a lot for work which adds to the issue. I'm a supervisor for a multinational engineering firm. I'm never had an injury related car accident claim before and looking for advice.
Posted: Fri Jan 04, 2008 02:17 pm Post Subject:
I would rather have the insurance company do that.
And they should if there is any negotiation, they will have to get that lein released...now remember though, those med bills are part of your settlement...meaning it is 5k settlement (although 4k is bills)...
Time and mileage cost are around $1,100, I figured the insurance company had to pay that as well.
mileage yeah, more than likely, but not sure what you mean by ''time''.......
I stopped treatment but my neck still bothers me. I stopped the first week of November. I was wondering if I should go back to the Chiro or my primary care physician and do some physical therapy. My guess is it will just get better over time, not sure additional therapy will help.
This is totally up to you, but it is generally thought that a chiro has gotten you as good as they can (from this type of injury) within 60 days or so...however, if you are still having trouble, i don't know, this is a call only you can make....lets face it whether you're hurt or not, it just plain feels good (chiro and PT) so you will have to talk this over with Tro-- :wink:
Can I make them pay the medical bills as part of the settlement?
Since the chiro has a lein they WILL pay them directly to the chiro after you have reached an agreed settlement amount...
Actually, they said they could only get me $1k since it was low impact
Is this in ADDITION to paying your medical bills?MO allows 'double dipping' of medpay coverage...do you have medpay on YOUR policy? If so then you are allowed to collect (medical bills only) from your carrier too, and cannot be rated up for a med pay claim.....
I live in Missouri,
ME TOO! What area are you in?
how long is the statute of limitation.
Missouri requires the victimized party to file a claim for personal injuries within five years of the date of the injury.
(didn't even have to look that one up! but did to double check! :wink: )
Should I get a lawyer?
Honey, here's the thing...for this type of injury (minor as far as auto accident BI claims are concerned not to YOU I understand that..) lets say that they offer you a total of 6k (this includes your medical bills that are 4500...that means an injury settlement of 1500 right?) of that an attorney will get (minimally I would think most fees are a third if no trial) 2k, leaving 4k and that is not even enough to pay your med bills! So in order for you to get what they have already offered (1k and I'm assuming that means in addition to your med bills, and you walking with 1k after all bills are paid) the attorney is going to have to get this carrier to pay about 9k...which means they (ins company) is going to have to increase their offer by 3k or a third! and you would gain nothing from this increase, but be in the same position you are in...understand? and for what? Now if the attorney can preform some kind of miracle, or there are some other facts surrounding the loss we don't know about and get like 15-20k that you couldn't then I'd say it's worth it...You just need to know going in EXACTLY what the attorney will get (fee) and what you will get...if he will do it for 10% might be worth it...(IF you can get an atty to take this small of a claim..) Only YOU can decide (again) if this is a wise decision.
Also you didn't tell us EXACTLY what was damaged on your vehicle? what was the total cost of repair, the parts that were repaired/replaced if any....that would really help us in helping you! :D
My time associated with the injury is worth more than that.
Again, what do you mean by your 'time'....
Posted: Fri Jan 04, 2008 02:53 pm Post Subject:
I had to leave work an hour early to get treatment, that is what I'm talking about related to time.
No real offer has been made, just some general talk with the adjuster. He said that is usually all he can get for a low impact accident.
The entire rear bumper was replaced. It didn't look like much damage on thesurface. I would say I was hit around 10 mph. However, I wasn't expecting it so I got whiplash. I think I should have went to a PT versus Chiro, maybe I would be better off since it was all soft tissue damage.
I live in St. Louis.
Statute of Limitations for MO is 5 years from what I could find.
Chiro said I should ask for 2 times and be firm. Said it would take a while. That was his off the record recommendation. From what I have gathered talking to other people and internet searches, that sounds about right.
Posted: Fri Jan 04, 2008 02:55 pm Post Subject:
I also had and addition $600 on top of the $4300 chiro bill for my primary care physician and x-rays. His diagnosis was whiplash with soft tissue damage. He recommend muscle relaxers and the PT if that didn't work. I went to a chiro near my house for convinence.
Posted: Fri Jan 04, 2008 02:57 pm Post Subject:
I know this will be a negotiation. Basically, I'm trying to figure out where I should start from on the settlement. Also, if I should bothered going back and getting some additional treatment or just let time take care of it.
Cost of the bumper was $650.
Posted: Fri Jan 04, 2008 03:09 pm Post Subject:
Found out I do not have medical on my car insurance, it is not required in MO. I'm going to get that changed.
I do have chiro coverage under my personal medical plan with United Health Care. Primary Care physician bill was paid by medical plan. They will probably want to recoup that cost.
Posted: Sat Jan 05, 2008 09:14 am Post Subject:
No real offer has been made, just some general talk with the adjuster. He said that is usually all he can get for a low impact accident.
He's probably telling you the truth about this sorry to say...Honestly the treatment, you have to make this decision, and about the first demand you make is the same....if you think this injury caused great disruption in your life then get that point across....These soft tissue injuries are tough (on both injured and adjuster) to settle...because on one hand you have a minor impact, with no medical info supporting anything other than whiplash, (before anyone freaks out, I KNOW first hand how bad whiplash can hurt)....so guy ''a'' has a whiplash and can't work etc...treats for weeks with a minor impact, and guy ''b'', had a hard impact, got whiplash and has 300 in meds...see it's just so hard to figure these things.....you'll just have to ask for what you think you have coming and go from there....no way for me or anyone else here to properly evaluate your injury without seeing all the medical info (past and present), doc notes, vehicles etc.....I know we were not able to supply the info you hoped (''what is my injury worth'')....sorry about that.
I do wish you great success and luck, and hope you will let us know the outcome...feel free to ask more questions as you proceed thru the negotiation process...
Posted: Tue Jan 08, 2008 04:28 pm Post Subject:
Should I send something formal for my settlement request or just do it over the phone?
Posted: Tue Jan 08, 2008 05:26 pm Post Subject:
Does not really sound like there will be to much to deal with, It won't be a major case for the insurance company, don't they settle these out pretty quickly, whiplash is so common, they probably have a set amount in mind and going to the chiro pulled from the amount that you would have gotten.
Posted: Tue Jan 08, 2008 11:38 pm Post Subject:
The phone is fine
Posted: Sun Sep 13, 2009 04:30 am Post Subject: subbrogation and erisa health care
i have recieved my settlement agreement paperwork and releases. there are no leins from my healthcare b&b erisa that my attorney says he knows of. wouldn't he know if their was a lein from them? how can i find out? on my memorandom sheet it only list chiopractor bill and attorney charges and for medical records. i feel like he is trying to pull a fast one and wants me to sign my power of attorney over to him before i recieve any money. help!! :cry:
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