Bodily injury settlement

by Guest » Tue Feb 26, 2013 07:20 pm
Guest

Facts

Other driver deemed 100% at fault.

My car was totaled, my insurance paid claim and going after other ins. company.

My insurance has also paid all medical bills (which I will obviously have to repay to them) totaling ~$2000.

Went to ER after accident. Suffered broken rib along with some soft tissue injuries.

Adjuster for the at fault ins. carrier says the driver has 25/50 limits.

Adjuster states that she is waiting for authority approval which she should have within the next week or so.

What should I expect for general damages?

Total Comments: 5

Posted: Tue Feb 26, 2013 08:04 pm Post Subject:

Additional info

Another passenger in my car was injured. Soft tissue, sore neck/back, etc.

Another vehicle involved in accident. Unsure if they are filing injury claim against at fault driver.

Posted: Wed Feb 27, 2013 02:10 am Post Subject:

You have very limited info posted. Was $2000 your limit under your policy? I can't imagine treatment for a broken rib being only $2000. See what I mean when I say limited info. You could have $100k in medical bills and we'd never know.

Are you sure your carrier 1) has a right of recovery and 2) that your state is not a "made whole" state?

Posted: Wed Feb 27, 2013 03:29 pm Post Subject:

$2,000 is actually probably on the higher side for a broken rib treatment (and I did say insurance paid ALL medical bills, so what I posted is complete). There's no cure/fix for ribs, just time. That being said, this total included an ER visit, two sets of x-rays and physician's fee. The accident happened in NM (at-fault state).

Also, when I say I have to pay my carrier back, I mean from any settlement I receive from the at-fault insurance company since my carrier has fronted the money for my medical bills.

Posted: Thu Feb 28, 2013 02:18 am Post Subject:

An ER visit can easily run $1000. Through in a couple of x-rays and you are at $1500. Through in an ambulance ride and you are at $2000.

Yup... according this this you are correct and your carrier can seek recovery from you for Medical Payments:

http://www.mwl-law.com/CM/Resources/Med-Pay-PIP-Subrogation-In-All-50-States.PDF

Posted: Thu Feb 28, 2013 12:16 pm Post Subject:

To answer your question about "general damages", the answer is that no one here can tell you what that amount is. There is no "rule" that determines how much your injuries are worth. You will determine that for yourself.

The pain and discomfort of a broken rib will likely take a couple of months to disappear -- you'll know when taking a deep breath no longer hurts. So what is that worth to you? $1,000? . . . $10,0000?

When the at-fault party's adjuster gives you a number, you'll have to evaluate whether it's enough or not. I would think $3000 to $5000 is probably a fair settlement on top of all your medical bills and any other "special damages" -- the ones with an actual price tag attached.

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