How much should I settle for in my motor vehicle accident?

Question

Just over a year ago I was a passenger in a car that was hit by a 17 year old. This past year I have been under medical care as a result. Whiplash, migraines, neck and shoulder pain, and just chronic pain, as my doctor called it. Multiple meds, injections, physical therapy, chiropractic care, the works. It has been a living hell between the pain and the depression, not to mention the other side effects from the meds. It changed my entire life as I knew it. And it effected my 7 year old & hubby. I am finally getting to where it is about time to settle with the kid's insurance company (he was at fault). The pain is at least 90% better. I don't think I will ever be 100% better and may need more treatment in the future. My total bills were just over $32k. I am going to try and settle without a lawyer. I am not looking to get rich, but I want to know what is fair to ask for. I know I need enough to cover the bills, time missed from work, but what about pain and suffering? What can I expect?

Answer 1

As strictly an opinion, and by no means any sort of legal type.....I think you should calculate the specific work time lost, and the specific amount that your bills come to. And simply that. And you'll be able to prove all that to the insurance company, with receipts, and calculations.



The reason I say this, is because that 17 year old did not intend to cause you pain and suffering. If he had, then it would be absolutely justified to attempt to be reimbursed for his actions. But if it was an accident, by definition, a situation that happens unintentionally. He may have been at fault, but I highly doubt he set out that day, to do damage to you.



So why would you, or anyone in your position, wish to intentionally do harm, by requiring more money from his insurance company? You asked what would be fair to ask for, and it doesn't seem fair to ask for more than what you're rightfully due.



And seeing as pain and suffering are completely subjective perceptions...to put a monetary value to them is almost ludicrous. You certainly wouldn't attempt to put a dollar value to how happy you are sometimes, would you? :)



I sincerely hope you get the funds you need to cover all your medical expenses, and sorry for the somewhat negative response.....

Answer 2

Hiya:



Every claim is evaluated on it's own merits and there is no set figure for any claim.



Based on what you've listed about it sounds like you basically just had soft tissue injuries (No fractures, closed head injuries...etc)



While soft tissue injuries are quite traumatic - the pain is usually acute and diminishes over time. When it doesn't diminish - that usually means something else is wrong.



If you want the insurance company to pick up 100% of your bills - the medical notes and evidence need to substantiate all of your accident related treatment.



Hopefully that is the case here.



When you do settle, you need to DOCUMENT whatever it is you are going to claim. Time missed from work will only be covered if you had a dr's excuse. Mileage to and from the doc's office (for related treatment) is covered...you need to make sure to ask for it. Related prescriptions are covered.



Depression. It is related? Do you have a doctor to confirm and correlate it? Were you treated for it?



Your doctor is going to have to be the one to say if you do or do not have any permanent impairment(s). Just because you THINK it does not mean the insurance company has to compensate you for it. It has to be documented and related to your accident.



The amount of your bills sounds high for treatment of a soft tissue injury - but the amount may be affected by the area you live in.



When it is time to negotiate - go in informed. That's your best...weapon - so to speak. Know what you are entitled to and what you believe is a FAIR offer (bold...italicize and underline: FAIR!!)



goodluck.



~jifr!

Answer 3

Bear in mind that your condition may improve or worsen. No one knows. I would definately get a lawyer and look at all the options. And forget about fair. The insurance company will have lawyers there to fight you every step of the way. The insurance cos will start getting it back as soon as you get any ins of your own.

Answer 4

You should ask for compensatory damages. The $32k plus the cost of the car damage would be the "specific damages." And I'd match that amount for all the emotional distress it caused ("general damages"). Then double that total. Ask for the doubled amount because they will try to work down from there. Tell them if you get a lawyer you will seek more damages than that because of the ~40% cut he would get.

Answer 5

Well first you should ask the insurance company what the policy limits are.

Depending on your state, and if this person has minimum liability, the most you could get could be only $20K - and this is less than your bills.



If your injury is that sever I would suggest contacting an attorney to see what your options are. If this person has minimum limits less than your bills, you may have to make an UNDERInsured motorist claim on your own policy to get the rest of the bills covered.



Hope this helps