What do you think the pain and suffering are for ..?

by penguinmom » Mon Mar 31, 2008 02:38 am

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.

Total Comments: 22

Posted: Mon Mar 31, 2008 02:51 am Post Subject: accident

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.

Posted: Mon Mar 31, 2008 02:58 am Post Subject:

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

Posted: Mon Mar 31, 2008 11:26 am Post Subject: accident

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.

Posted: Mon Mar 31, 2008 09:03 pm Post Subject:

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.

Posted: Mon Mar 31, 2008 09:29 pm Post Subject:

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)

Posted: Fri Apr 04, 2008 05:47 am Post Subject: accident

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.

Posted: Fri Apr 04, 2008 06:46 am Post Subject:

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.

Posted: Mon Apr 07, 2008 07:23 am Post Subject:

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.

Posted: Mon Apr 07, 2008 10:45 am Post Subject:

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....

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.....

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...

Posted: Mon Apr 07, 2008 03:21 pm Post Subject:

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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