Question
Damage to vehicle
On 9/17/2009 I was hit from behind while stopped at a red light. I was taken to the hospital via ambulance. Complaints of pain right ankle with swelling and headache. The police report put the other driver at fault and the insurance compancy an multiple occasions admitted their driver was 100% at fault. MRI a few weeks later showed a partial tendon tear in my ankle. Surgery was done on 11/30/2009. I worked with an ankle brace and pain until the surgery. At that point I was off work until 02/11/2010. I used vacation which was saved to get me through the time off from work. Wages during that time were about $21,000. My father is my general medical provider and I was able to keep the medical bills to about $18,500. Upon first speaking with a rep for AAA (the at fault parties insurance) the adjuster told me that with this type of injury they usually see about $30,000 to $35,000 in medical expenses. I recently received a settlement offer of $53,000. When I declined that offer they asked what I was expecting and I said $120,000. They eventually ended the phone call with an offer of $60,000 also stating that the policy limits were 100,000/300,000. I told them I would take their offer under consideration and get back to them. A week later I told them that was too low but that to show that I was open to negotiation I would accept $90,000. She said she would need to go over the claim again and get back to me three days later. A week after not hearing back I contacted the adjuster again and she said that she was on the phone and would call me right back. A day later after not receiving any call I contacted the adjuster again. During this conversation she said she couldn't do $90,000 and that the last offer of $60,000 was the best she could do. The ankle is feeling fine pain wise and I am having frequent headaches still months later. I have not received any treatment for the headaches and have just been taking ibuprofen as necessary. Is the offer of $60,000 the best I can expect without the assistance of an attorney, or would $75,000 to $80,000 be a reasonable possibility? The property damage has already been resolved sowe are discussing the injury claim only.
Thanks for looking at my situation.
AnswerI am glad you are getting better. The photo of the damages may not be admissible as evidence of the extent of an injury in a lawsuit, so don't rely on the fact that the damages look bad to help you. The venue of your loss is very important (if this happened in New Orleans, you'll get the policy limits probably, but if it happened in Dallas, I would say take the $60K).
I hate to do this to you, but I must say that you are the only person that can decide what your case is worth. Presenting your case to a jury might get you a large settlement, or they might think you are hiding something since you went to your dad for treatment. For an insurance settlement, it is better if a relative is not the MD that is making medical diagnosis and prognosis.
You should be able to negotiate a little better settlement, but I will say that AAA is not known for being easy to work with on third party claims. I think that the offer that is on the table is probably a pretty fair offer if the accident didn't happen in an unusual venue. Juries in conservative venues normally award around 1.5 times the "actual" medical costs as a pain and suffering award.
