low initial pain and suffering amount offered

by Guest » Tue Dec 21, 2010 01:42 am
Guest

I was just offered $2,000 for p&s plus lost wages (they started with $1,500). My medical bills are about $1,900 for whiplash and back injuries. This seems like they are low balling me big time. First off, this was a 5 car accident on the interstate. Car 1 hit car 2 (knocked them out of the way), then hit car 3, which hit me (car 4), causing me to hit car 5. I was then hit again, causing me to hit the car in front of me again. Cars 2 through 5 were stopped because traffic stopped. When all was said and done, car 1 (the guy that caused all of this) was about 20 yards ahead of us on the other side of the road. When I was talking to them I said that the amount was a borderline insult (I did say it much nicer than that), and that I would settle for $5,000. I don't think that is unreasonable. The amount they offered seems like something they would offer for a basic 2 car accident. My chiropractor released me, but I am still seeing her because my back is still not where it was before the accident. I have checked out some of the calculators online and they all show an amount of a little over $5,000 to something over $10,000. What else can I do so they offer me a fair amount?

Total Comments: 8

Posted: Tue Dec 21, 2010 05:10 am Post Subject:

Arkensas appears to have PIP. While I don't know the laws there, it's possible that the injury carrier can take an offset for what your carrier paid under PIP. That is, if this is correct, your carrier paid your medical bills so the other carrier does not need to consider that portion of your loss. Again, I don't know that this is correct but you want to look into this. It would certainly explain why any offer was less then your medical bills.

As an offer was made for less then your medical bills, I'll ask why. It appears that you are still treating. Were your bills under $1500 when that offer was made?

If you are still treating then you probably want to hold off on a settlement amount. Do you know what your total medical bills are going to be? Why would a chiro release you but still treat? An unwritten rule of thumb is 2-3 months of chiro bills. After that and it's nothing but a feel good treatment. It's not going to help. A soft tissue injury is going to heal by that time and/or won't benefit from additional treatment.

The number of cars does not have anything to do with the offer amounts on an injury claim (other then possibly lowering it due to policy limits issues).

Where is this "calculator"? I'd love to see it. Do you input all of your medical bills into it as well as all of your personal information and it kicks out a number?

Posted: Tue Dec 21, 2010 05:29 am Post Subject:

Right now they have bills totaling a little over $1,500. We are waiting for 1 bill from the ER doc which they should have received by now (another story). The doc's bill should be around $400, so the ins co. was doing a preemptive (not what they called it) offer. If I wait for the other bill, I'm thinking the offer will go up a little. I am going to see the chiro on my own for 2 reasons (she makes me do my exercises and the exercises are going to help my back feel normal (so, ya, a feel good treatment LOL).

They are paying the medical bills, Blue Cross Blue Shield, etc. The amount I mentioned above was my take home amount.

I found the calculator by googling 'personal injury settlement calculator'. Basically, you put in some info and it spits out a number. I already closed the property side of things, so I didn't so that. Also, what is PIP?

Posted: Tue Dec 21, 2010 06:03 am Post Subject:

The amount I mentioned above was my take home amount.

Then the offer is _much_ more then you mentioned! Instead of a $2000 being offer its really $3900! Is the $400 part of the $1900 you mentioned? If so, then they are then really close to your $5000 amount.

she makes me do my exercises

Insurance companies don't usually consider chiro treatment for "motivating" people to help themselves get better.

I found the calculator by googling 'personal injury settlement calculator'. Basically, you put in some info and it spits out a number.

The one I found with that search was nothing short of a complete joke! I put in $10k in property damage (why that is even part of the equation makes no sense) and $1k in meds. Thats it. Wanna know what it came up with? $30,8000! No... I'm not making that up... it _really_ came up with that amount! So if I get a bruise and have an x-ray done I guess I'm going to be collecting $30,000! SWEET!

Also, what is PIP

Personal Injury Protection. It appears Ark. has this. If correct, your carrier should have paid those medical bills.

Posted: Tue Dec 21, 2010 06:20 am Post Subject:

I was including the $400 in the $1,900 total. BC/BS did pay most of my medical bills, they are just making State Farm pay them back. BC/BS filed a lien with State Farm so they get their money first. It sounds like I'm a little screwed with a lower 'take home' amount then. I always thought/heard pain and suffering 2-3 times your medical bills (more, if you're REALLY hurt). I also did not put anything into those calculators because I already closed my property damage. So, there is nothing I can do or say to help get the amount kicked up to something a little more reasonable and fair. 2 grand just seems really low with all of this. I'm not trying to be greedy and going for 5 digits or anything like that.

Posted: Tue Dec 21, 2010 01:06 pm Post Subject:

One more thing... would it matter at all, since I received 4 impacts in less than 4 seconds? I was hit from the rear, hit the car in front of me, hit again, and then hit the car in front of me again. I got jarred around pretty good.

Posted: Wed Dec 22, 2010 02:55 am Post Subject:

My understanding is that the amount of cars doesn't matter, but what about the amount of impacts my body took? Any help is appreciated.

Posted: Wed Dec 22, 2010 06:10 am Post Subject:

What they look at are the type of injuries, extent of injuries and if any of them are not going to get better.

Someone that was hit once and broke a leg is going to be worth more then someone that was hit 4 times and just banged around a little or even a lot.

To be honest, soft tissue injuries are not that high on a settlement scale with insurance companies. Sure they will look at chiro vists for a couple months but a broken bone, a scar, missing wheel will always add up to more.

The 2 to 3 times medicals has never really been used except for attornys. What I found is that they like to settle them around dollar for dollar for the treatment. So if you had 2k in treatment they willl want to settle for around 2K. This also only goes so far when you are talking about chiro treatment. Myself, I would wait till you are done treating and then see where you are at. If they offer 2K ask for 3500 and see if they will split the difference. Worst case you might get 2500. Remember, this is their first offer.

Myself, I've hit a tree, been hit by another vehicle twice and hit a construction barrier....all with soft tissue. Can you hurt...sure and usually not until about 2 days after the accident. I've been better in a week or two with no treatment.

Posted: Wed Dec 22, 2010 03:05 pm Post Subject:

I found the calculator by googling 'personal injury settlement calculator'.



You can also look on eBay for the MAGIC 8-BALL and buy one. The answer it provides will be at least as accurate as the "personal injury calculator" you found, if not more so.

My chiropractor released me, but I am still seeing her because my back is still not where it was before the accident.



As Dasfuk has said, "I've been better in a week or two with no treatment." Perhaps the chiropractor has messed up your back more than the accident.

When all is said and done, your back should be opposite your front. It probably is already there.

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