by Guest » Thu Apr 03, 2008 01:50 pm
My husband and I are in the process with the insurance co. to settle for our inconvenience claim. We were in the accident 4.11.07 I had back, neck, muscle, and sciatica pain. We couldn't do our normal activities over the summer like playing softball, camping, hiking, also the basic house keeping was difficult. We did go to chiropractic and the insurance co. is willing to pay for all my medical bills ($4,046.50) and additional $3,010.00 for my inconvenience. We told them that amount wasn't acceptable. They told us to come up with a figure my figure was pay my medical bills and additional $7,200.00 for inconvenience. They say they are unable to honor my request. My question is how can I get the figure I'm asking for or is what they are offering worth my "on going" pain. My back still hurts when trying to wash my car, mow the lawn, weed the yard. And when I go walking my sciatica nerve hurts and it makes it difficult to walk.
Posted: Fri Apr 04, 2008 02:22 am Post Subject:
Do they understand your current condition? Have you stopped treating or are you still going? Have the doctors told you what can be done about your ongoing pain? Surgery, additional visits, etc? What do you estimate your future medical treatment is going to cost? Have you told the adjuster this so that they can consider it as well (it should be backed up by your doctors notes.
They are almost always going to tell you that they cannot go as high as your demand... and some times it is correct. But you can be assured that most of the time you will meet somewhere in the middle. It's like buying a car... one person starts high, the other person starts low.
Time is on your side. You can let the adjuster keep the claim open and worry about what might happen if the claim is not settled. You can also lower your demand from the initial amount (your in a negotiation so this is pretty standard). Perhaps let the adjuster know that you feel $7.2k is fair but your willing to see if the claim can be settled without paying an attorney... which would probably result in a higher settlement amount. Perhaps offer to reduce your demand to $6.9k (I'm just throwing out a number... but that number looks more like 6, then 7). They should then come back with a number greater then $3k. Based on how much more, you will have an understanding how willing they are to move up from that number (if it's $200 more, then you know it's not going to go much higher, etc).
An initial offer and demand are just that... initial.
Ultimately you can settle or you can sue the driver/owner. Those are your choices.
Posted: Fri Apr 04, 2008 06:58 am Post Subject:
Saying 'hi' to both of you together..
An initial offer and demand are just that... initial.
Very true..sometimes you need to walk miles from it..
Have the doctors told you what can be done about your ongoing pain?
It is better that they show up the ongoing treatments in writing, so that it holds good in front of your adjuster!
Thanks, Plasmahectic
Posted: Fri Apr 04, 2008 03:44 pm Post Subject: trying to settle inconvenience claim w/insurance co
They have come back with another offer $900.00 more ontop of paying my pip $ back to my insurance co. I'm not sure if I should not accept this offer as well. I've been told to take at least the 3rd offer. The whole thing is too it was the insurance co. employee who hit us (an agent) Picture a honda accord being hit from behind by a GMC Yukon. My mom was in the back seat she is still going through treatment. My husband and I are treated to 100% but that was in the winter where as now I'm trying to wash my car, mow my lawn, weed my flower beds and I wake up the next day with aches and pain and headaches. (just venting, thnx for listening) My mom has got herself a lawyer for her claim I was hoping to save me some money by doing it myself. Anyways any advice would be greatly appreciated. Thnx
Posted: Fri Apr 04, 2008 04:22 pm Post Subject:
I'm I missing something... the offer before last was an additional $3k and not it's $900? Are you saying $900 more then their $3k+$4k offer?
That is, your meds are $4k and then offered $7k. You asked for $11k. Are they now offering $7.9k?
I think two big questions are left... have you stopped treating? That is, have you not gone to the doctor on a regular basis for awhile? Has a doctor explained what additional medical treatment you should get/may need?
As far as I can see, and I could be wrong, you have a soft tissue injury which should heal to almost 100%. But this does not explain your headaches and current back/neck pain. What your doctor says about this is another huge issue.
I think your medical notes must support more then just a soft tissue injury. If not, I think the offer _might_ be pretty good (but again, there are some big issues that need to be considered).
If they made an offer for $900 more... you could probably at least get them to bump that up to $1000 or $1200 without must resistance. Rememeber, "okay, I'll sign a release for $[add $200 to last offer]" carries a lot of weight. But it should not be said until your ready to settle.
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