 Posted: Thu Jan 07, 2010 4:29 am Post subject: bicycle/car accident: claim/treatment questions |
|
|
Hello,
Finding these forums was a godsend, I've already learned a lot, thanks in advance for any help. First the details (sorry if this is too much info):
- I was riding a bicycle and got in an accident with a car, her fault (she admitted it on the scene), and her insurance company accepted liability after I gave them a statement.
- I immediately felt very sharp pain in my ribs, but toughed it out and didn't get an ambulance. Instead I went to the doctor the next day.
- The doctor diagnosed it as a couple of fractured ribs without x-rays, which he deemed unnecessary since I didn't show signs of a punctured lung, and it would not effect my treatment.
- It took 2 months for acute pain to subside, during which time I was in pain while trying to sleep, whenever I coughed, took deep breaths, tried to exercise, etc.
- I'm now (4 months after accident) still experiencing a different kind of pain, more "soft", that is still felt when sleeping or trying to exercise, as well as a clicking sensation if I try to do certain wieght exercsises. My doctor says this is most likely soft tissue / cartilage damage that takes a while to heal.
- I have not settled the injury claim yet because I am waiting until I am fully healed (which, hopefully, will happen in this case).
- My total medical expenses involve three doctor visits and some advil - total cost probably around $300. So any multiplier approach to med expenses will be pretty low. I feel like I will be unfairly penalized for declining an ambulance.
- I am currently in an MBA program, so I have no lost wages to claim, only lost productivity. But I have been unable to live my usual healthy lifestlye, have had poor sleep, etc., and still have to deal with this pain.
Now for my questions:
1) I was diagnosed with a couple of fractured ribs. The adjustor claims I need proof of this via x-ray, but my doctor says that the insurance company should not dictate treatment. IE, why expose myself to unnecessary radiation if it does not change my treatment? Plus there is the chance fractures don't show up anyway. Does this hurt my settlement value? Should I consider insisting on an x-ray at this point in case it shows something? Mayeb it's too late for this to be a reasonable option.
2) Any proposals on what kind of claim values (ballpark) are reasonable, assuming the soft tissue stuff clears up in a few months? I feel like any multiplier approach is not applicable here as there is really nothing significant medical expense wise. I think a reasonable guideline is somewhere between: a) what I would pay to avoid the pain I've gone through the past 4 months; b) What someone would have to pay me to endure this pain. For me, those numbers are $15K - $30K. I realize that's not how adjustors work, but that's the most logical way for me to evaluate things. Is this way off base as a starting point?
3) It makes sense for me to wait until my injuries have fully healed before settling, despite the adjustor's aggressive stance towards settling sooner, correct?
4) Can I inquire as to the policy limits of the driver - does the adjustor have to reveal this? In New Jersey, the minimum is $15K for individual liablility. This might effect my settelement strategy.
Thanks for any insights,
Fred |
|
Ingsley
New member
Joined: 07 Jan 2010
Posts: 1
Location: New Brunswick, NJ
1.47 Dollars($)
|
