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 Posted: Mon Mar 31, 2008 2:38 am Post subject: What do you think the pain and suffering are for ..? |
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| One person who has broken ribs from an auto accident of running red light. And another from broken collarbone in 4 places. Might need surgery. Head laceration w/ 4 staples. 2nd person also had concussion. Both were very painful and had other pain such as back, neck arms. The medical for person 1 is ER 14,000 & ER for 2nd person was about7,000. Ortho and General practioner bills still haven't been billed. The at fault driver didn't have a driver's license but the vehicle was insured with 20/40/15 liability limits. Our policy has underinsured also of 20/40/15 we did not have med pay or pip on our policy. What do you think will happen. There was one witness in our favor. Witness was at red light waiting for green light when other driver ran red light and hit us. Thanks. This happened in TX. |
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penguinmom
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| Posted: Mon Mar 31, 2008 2:51 am Post subject: accident |
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| OMG!!!!! I'm SOOOOO sorry this happened to you. I can give 'medical' advice, BUT..I can say this. If you had a witness, to the ENTIRE accident, have that person write a statement to your insurance company. Every detail they can think of. Your insurance company may want to talk them in person. Having no Drivers License? OH MY!! Gosh....again, I'm sorry to hear what happened. I'll keep you in my prayers. I'm sorry I couldn't help you any furthur. However.........there are people on this forum that help and give you some 'direction' where to find answers. |
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sdchargersfan
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| Posted: Mon Mar 31, 2008 2:58 am Post subject: |
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| Thank you for your prayers. Yes they have given a recorded statement and they also called 911 and we have that audio and transcript as well. We did not even know they existed until we pulled the report and it took 2 weeks. Those 2 weeks the insurance companies were probably not going to pay us because it was their word against ours. The 911 operator never passed this information to the policeman at the scene. The witness gave his address and all during his call. I am still trying to get the officer to amend the police report. But our insurance company says that they already spoke to this witness and he is credible. I am now just wondering about the settlement. Thanks for replying so quickly |
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penguinmom
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| Posted: Mon Mar 31, 2008 11:26 am Post subject: accident |
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| Looks like you have quite a bit of evidence 'on your side. GOOD!! The 911 Operater should have let someone know from the start, of all of this. Again..........I AM sorry i don't have 'medical' advice for you. I responded "quickly", just to let you know that your 'voice has been heard'....that this forum is listening. PLEASE...keep me updated, on the 'progress', of this accident. Thanks. |
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sdchargersfan
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| Posted: Mon Mar 31, 2008 9:03 pm Post subject: |
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Their policy will more than likely pay it's limits in this situation, since it only covers $20,000 per person's bodily injury. It might not be a bad idea to get your insurance company involved and speak with the adjuster about your options under your underinsured motorist coverage, which also maxes out at $20,000 per person.
As for pain and suffering, that's hard to judge and I'm not sure if your underinsured motorist will pay pain and suffering. |
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MBTexas
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| Posted: Mon Mar 31, 2008 9:29 pm Post subject: |
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UIM would consider pain and suffering (or as we like to call them, General Damages).
I agree OP, the other person's policy would most likely max out if there accepted 100% liability so I'd go ahead and call your own carrier to report the loss.
You don't have any health insurance? They could address the medical bills and seek recovery if the other carrier paid your loss.
You _really_ should consider not declining PIP coverage (for future accidents) |
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tcope
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| Posted: Fri Apr 04, 2008 5:47 am Post subject: accident |
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| How do you 'measure' Pain and Suffering? I mean, there is NO doubt this has happened, I'm just saying, how do you 'calculate' how much it would be? OBVIOUSLY..the PHSICALLY injuries are there.....emotional ones, as well. |
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sdchargersfan
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| Posted: Fri Apr 04, 2008 6:46 am Post subject: |
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It's really measure by what similar prior cases have settled for in the same area. But each situation is unique to a certain extent.
Bottom line... the injury is worth what you think a judge or jury would award. |
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tcope
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| Posted: Mon Apr 07, 2008 7:23 am Post subject: |
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Thank you everyone. Well the adjustor was here last week. Just picked up the ER bills. The other party has already accepted liability. I am just so sad because it seems like they are taking into consideration that we have health insurance and like this accident was no big deal.  Wow I don't even know where to start with the pain and suffering w/ them. And then my underinsured motorists are they going to give us a hard time too on the pain and suffering ? I have seen people awarded thousands of dollars and they don't even have a broken bone. I don't know how anything works. Please if any of you have any advice I am very happy to hear it. |
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penguinmom
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| Posted: Mon Apr 07, 2008 10:45 am Post subject: |
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| Quote: | | because it seems like they are taking into consideration that we have health insurance and like this accident was no big deal. |
I think the 'part' they may seem like isn't a big deal...is only that the bills are being paid....by your health carrier, which is good of course.... | Quote: | | Wow I don't even know where to start with the pain and suffering w/ them. And then my underinsured motorists are they going to give us a hard time too on the pain and suffering ? |
No, no one should give you a hard time about anything....pain and suffering claims are paid thousands of times a day..... | Quote: | | I have seen people awarded thousands of dollars and they don't even have a broken bone. I don't know how anything works. Please if any of you have any advice I am very happy to hear it. |
What you need to do is set down, (once all treatment has been completed and you are as 'healed' as you are going to get...don't even THINK about it till then)...figure out what your total amount of 'bills' are including your loss of wage, mileage to and from docs, etc....Then figure out how long you couldn't do your normal life things...like house work, children, yard work, entertainment etc....in other words how long you 'suffered'...then try and put a dollar figure to that...is there any lasting effects? Will you have a disability? Do you know what your UIM limit is? If not find out....After you know all the actual bills, , let us know what you feel your claim is worth...and we can give an opinion...however without going thru all of your medical reports etc...we really can't give an amount....we could though probably tell you if we think you are in the ball park, selling yourself short, or out of reason....i'm having a hard time understanding, which injuries are which...if you could straighten that out too....we could be of better service...
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Lori
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| Posted: Mon Apr 07, 2008 3:21 pm Post subject: |
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Actually I think I know where you are coming from and I'd say, yes... your carrier will also give you a "hard time". That is, there will be some negotiation with them as well as to the amount they should pay. It's always going to be this way as while the medical bills are a known amount, the pain and suffering payment is an arbitrary number.
I understand your frustration about them not seeming to care about the injuries. Adjusters deal with injured people all the time. Not the same way that the medical profession does though, those people are there to comfort people. While adjusters _should_ show concern over these situations, our view is different. Our job is to determine liability, coverage and injury. At that time we usually negotiate a payment. So most of our job revolves around issuing payments to settle claims. As such, I personally find it easier to detach myself from the person's suffering. I can't really get emotionally involved with each person otherwise it just makes my job a little more difficult. I'm not saying it's the right thing to do or that we should not be at sympathetic... I'm just pointing out why it might be this way. It's nothing personal. I guess an even bigger part is that in the end I know I'll need to be negotiating with this person. Do I really want to dwell in their injury the entire time and then when it comes time to negotiate, do a 180? For example, would you expect a car salesman to tell you how bad a car is on the lot and then try to get dollar for it? I'm not saying as an adjuster I'm not going to try to be reasonable (I will) but it's my job not to give away the farm. So their is a fine line to be walked.
Lastly, as you have health insurance is a great relief to the adjuster. They will still need to consider all those medical expenses but the adjuster now knows that your medical bills are going to be addressed while they look into the claim. I understand completly where you are coming from and it's not the wrong way to look at it. I'm just trying to explain the situation from the adjusters seat. |
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tcope
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| Posted: Mon Apr 07, 2008 3:39 pm Post subject: |
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You need to get a lawyer....a good one,they will go after that insurance company and get whats due to you for pain and suffering.....I know someone who was auto accident,and his arm was broken in two places,he will need to wear a metal plate for the rest of his life,he went to therapy for a long time,had to learn how to reuse his arm all over again,the got about 50,000 in his settlement...so i think yall stand a good chance of getting big money possibly.
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janedoe
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| Posted: Mon Apr 07, 2008 3:47 pm Post subject: |
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Question... what would your friend have gotten had he not been represented by an attorney? As it is, your friend only recovered about $34k as the attorney took the rest.
In this case, the OP will probably be offered the $20/$40 from the other carrier. If so, what good would it do to have an attorney take 1/3 of what you would have been paid otherwise? Might as well flush that money down the commode. Attorneys have their place, that is for sure... and the OP might want to consider one if the other person's carrier does not offer their limits and for the UIM claim under their own policy. But if it policy limits are being offered an attorney walks away with a lot of money for doing nothing. Keep in mind, an attorney can handle just the UIM claim if the other carrier pays their limits and does not need to handle that initial claim.
Some people thing the _only_ way to get paid on an injury claim is to get an attorney or that an attorney is some how a magician and can increase claims by thousands or hundreds of thousands. I guess those commercials pay off. |
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tcope
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| Posted: Mon Apr 07, 2008 9:01 pm Post subject: |
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YOU THINK TCOPE THAT YOU KNOW FREAKIN THING...WELL YOU DONT!
NO.... actually in response to tcope.....he got 50,000 after he paid his (lawyer..And no i DONT think a lawyer is a magician and can increase claims.(This is real life lady not just some freakin commercial!!!)But they can help you at times when the companies are being selfish PIGS AND dont want to be fair.! YOU MUST BE AN INSURANCE ADJUSTER(or work for one of them companies that are freaking money hungry pigs...and they have you freakin programed like a machine) How would you feel if someone hit you in an auto accident I bet you azz will be running to get a lawyer then) or oh I forgot you know everything so youll,call them yourself and ask for money,yea right!...I WOULD LIKE TO FIND OUT WHO YOU ARE BECAUSE IT SOUNDS AS THOUGH YOU CANT EVEN ANSWER QUESTIONS ON HERE FAIRLY WITHOUT BEING SOOOO FREAKIN BIASED.....it sounds like you have something against attorneys.Stop taking your freakin posisiton(whatever you are if anything) so freakin serious. BECAUSE YOUR A ADJUSTER YOU THINK YOUR HOTT *****....ALL YALL DO IS TRY TO USE YOUR LITTLE POSITION TO HAVE BIG POWER....How much do they pay you to be a freakin JERK! I hope you sleep well at night!!!!! knowing that you dont help the ones who need help,but your helping these ripp-off ass insurance companies get RICHER AND RICHER!!!!!
| Quote: | QUOTE :
"Attorneys have their place, that is for sure... and the OP might want to consider one if the other person's carrier does not offer their limits and for the UIM claim under their own policy. But if it policy limits are being offered an attorney walks away with a lot of money for doing nothing. Keep in mind, an attorney can handle just the UIM claim if the other carrier pays their limits and does not need to handle that initial claim. |
YOU ARE FULL OF CRAP ! HOW MANY INSURANCE COMPANIES DO YOU KNOW WILL STRAIGHT OFFER SOME MONEY TO THE FREAKING INJURED,YOU KNOW TCOPE THATS BULLSHYT....THEY WILL GIVE YOU NOTHING IF POSSIBLE.BECAUSE THEY ARE LIKE LAWYERS EVEN MORE OF GREEDY PIGS AND THEY ARE IN THE BUSNIESS OF MAKEING MONEY OFF PREMIUMS NOT PAYING OUT! DUH!IF YOU ASK ME ALL YALL FULL OF CRAP! MONEY HUNGRY PIGS!!!!!!
(edited for profane content---lori)
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janedoe
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| Posted: Mon Apr 07, 2008 9:23 pm Post subject: |
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Sorry you feel that way... but let me first ask... how many claims/suits have you been personally involved in? If the answer is less then a few hundred, let me ask... what do you base your opinion on?
I am an adjuster, do work for an insurance and perhaps am a little bias. I don't deny it. But the fact is, in this case, if the OP were to use an attorney for the BI claim (which they are perfectly welcomed to do) and the policy limits are offered, then the OP walks away with a _whole lot_ less money. The OP can always wait to see what the offer is and then determine if an attorney is in their best interest. I'm only pointing out other options and expounding on the situation.
How many carriers do I know of that offer their policy limits right away? Plenty (if appropriate)! I've done it many times in the past, but only when the limits were lower and close to what should be paid. As mentioned, despite the commercials on TV... many adjusters are/can be fair about their offers (we don't have a pocket full of attorneys).
But insurance companies are also businesses, just like any other company. Show me a company that does not want to cut costs as much as possible and does not want to make as much money as possible. Why should an insurance company be any different? It does put the carrier and claimant at odds many times but it's just a simple fact. Insurance companies also make it possible for commerce to take place and puts food on the tables of millions of people. I'm not trying to sugar coat the industry, just trying to keep things in perspective.
If you stick around or read prior posts you will see I'm quick to give advise to posters on how to get more money from an insurance company (odd, huh). I try to remain consistence in my posts as well. I tend not to bash carriers and adjusters but I also don't bash people who don't understand what is going on. |
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tcope
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