Another pain & suffering settlement question...

by Guest » Thu Mar 29, 2012 06:03 pm
Guest

Hello there and thank you in advance for looking. I've really learned much about insurance in general by reading these forums. And the only reason I decided to use up thread space here and bug you guys is because I can tell that there are professionals here that live and breathe this stuff. After taking some of the general advice given here I called up my agent and tweaked my homeowners policy. I also increased coverage on my wife's vehicle. One never really thinks about the random catastrophic things that can happen(i.e accidents) Like most I shopped around for the cheapest. After my accident all that has changed though. So basically I was rear ended in early February of this year. The driver of the car that hit mine was 100% at fault. I was stopped at the stop sign here in California waiting for my turn to go. The driver had one of those lifted pickup trucks(CA people know what I'm talking about) Since it was lifted, the impact occurred between the truck's bumper and my trunk. My bumper basically never absorbed the blow so my trunk turned into a mini accordian. Rear window shattered. It felt like the start of a roller coaster ride since one minute I'm waiting my turn and the next I get hit at around 20 mph. It pushed my car about 50 feet till I figured out what was happening. We exchanged info and I called up the at-fault's insurance at the scene(GMAC) Had to come back the next day and drive it home cause my adrenaline had me all jumpy. The car was a total loss so I let them take it and was paid around $6,000.00 within a week or so. They even paid for a new car seat since the spray from the glass was everywhere. Like most I didn't feel pain till the next day. Since I am unemployed and don't have medical insurance I debated how to find treatment. After a few days I found a good chiropractor by asking trusted friends. He is fine with treating me without charging me until I settle. I've been going between two and three times a week. I do feel progress little by little. I finally asked him yesterday what my bill with him will end up costing. He stated that he thinks somewhere between $3,000.00 and $3,500.00 at the end and then he would evaluate me to see if I might need medical care in the future. I've been going for a little over a month and he thinks another month or two and I should be done. My x-rays looked fine. I have headaches and neck pain. Sometimes I feel heat in my right arm. Basically a soft tissue injury that should heal. The chiropractor seems knowledgeable and honest. When I asked what if any might I get for the pain and suffering of being ran into he basically told me that I'd be lucky to get twice the medical bills. He made it seem like the Colossus is what dictates the settlement these days. So finally my question are....
1. Is my case really cut and dried like the chiropractor stated? When I spoke to my BI claims adjuster he said we would talk after treatment was done and he would make me a ONE time final settlement offer. He basically wanted me to understand that there will be no negotiating and haggling. Is this normal or do I call his bluff? I'm not afraid of confrontation but when you're on the phone with these people it feels like your in shark-infested waters. The reason being that they are professionals and i'm basically uneducated at this science/art of insurance.
2. What should my pain & suffering settlement approximately be valued at? I had a total loss vehicle at 6k. No lost wages since I'm currently unemployed. Medical bills should be at 3k-3.5k. I'm keeping my receipts for my advil bottles just in case. Wish I could go and get a rx for something stronger but again I have no medical insurance to see a general doctor and low on funds to pay for it out of pocket even if I would get reimbursed.

Again thank you folks for reading my post. I just had to ask people that do this for a living. After reading so much stuff on the web you don't know what to believe. I know that there is no fluff on these forums and that's the way I like to discuss things. I'm not trying to cash a lotto ticket but I was going about my business and got rear ended. Had to get rid of a car that I really liked. And two to three chiropractor visits a week really does rearrange your life even if just a tiny bit.

Namaste

Total Comments: 6

Posted: Fri Mar 30, 2012 06:12 am Post Subject:

He basically wanted me to understand that there will be no negotiating and haggling. Is this normal or do I call his bluff?

I've never met an adjuster who would not move from an initial offer. I've also never met an adjuster who will initial offer top dollar as the first offer. So you be the judge. His job is to get you to think he won't move. He may not. But as I said, it's almost never the case that an adjuster won't move to settle a case.

Do I think 2x the meds is about right in this case? Yes. But that is not to say you can't do better. You need to convince the adjuster that there is much more to the case then he initially sees. You pain/suffering is far more then he's considered and your future medical treatment will be more as well. Also, you have some permanency that will never go away. You were very active but over the past few months you've not been able to so any of those things. Now I have no idea if this is true but it does not matter. You are making your case for a higher settlement just like he will be making his case for a lower settlement.

Posted: Sat Mar 31, 2012 04:03 pm Post Subject:

I am not a lawyer, so my opinion is just that, an opinion. From what it sounds, there is not much evidence to show your "pain and suffering". If you don't have a police report, ambulance report, or hospital report, it is hard to prove the pain an suffering issues. I wouldn't expect much, but call a lawyer and find out.

Posted: Sun Apr 01, 2012 03:49 am Post Subject:

[quote] From what it sounds, there is not much evidence to show your "pain and suffering".[/quote

From the OP"

He is fine with treating me without charging me until I settle. I've been going between two and three times a week. I do feel progress little by little. I finally asked him yesterday what my bill with him will end up costing. He stated that he thinks somewhere between $3,000.00 and $3,500.00 at the end and then he would evaluate me to see if I might need medical care in the future. I've been going for a little over a month and he thinks another month or two and I should be done. My x-rays looked fine.



I'm not sure how a police report confirms pain and suffering.

Posted: Mon Apr 02, 2012 05:36 am Post Subject:

Police reports carry little weight with many auto insurers. Chiropractors are in about the same position. If you really wanted to document "pain and suffering" you should be treated by an MD not a DC.

Posted: Wed Apr 04, 2012 04:44 pm Post Subject:

tcope: Thanks for answering my question. As I stated before this is my first ever claim and I wasn't sure if my particular case was game on. I now understand that every PI claim seems to be a cat and mouse game before it eventually settles so I've already started my research for when the negotiations begin.

MaxHerr: Thank you for responding. I understand that for the most part chiropractors in general are at the bottom of the totem pole in PI cases. Since I've already started treatment with my DC and feel improvement I am content with my decision. But if there is ever a next time I will consider an MD.

Posted: Thu Apr 05, 2012 01:35 am Post Subject:

tcope, I speak of a police report, hospital report, etc. because it will be hard to prove the pain and suffering is coming from the accident if nothing was reported. The insurance company will just say "How can we know if this happened from the accident or something else afterwards." Speaking from experience, this is exactly how they are going to try to disprove your case, also making it hard for your case if they deny the claim and you want to go the litigation route.

What was the time frame between the accident and the first time you went to the chiro?

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