Auto Insurance Claims: Pedestrian accident, insurance expert, claim settlement


Question
Hey there,

About a month ago I was struck by a vehicle as I was walking to work. The driver has insurance, and his insurance has taken full liability.

I have seen my doctor who said I suffer minor soft tissue damage and he referred me to a chiropractor. So far I have about $4000 in medical bills.  The insurance of the guy who hit me is paying my medical bills. I have only lost 2 full days of work. I don't know how they calculate pain and suffering, but I have lost quality of life due to the pain and much sleep. My cost in travel has gone way up because I do not own a vehicle and usually walk everywhere. Which has also been a problem because now I don't want to work anymore due to being scared of getting hit again.

So my questions are this: how much is my claim worth? I am not involving a lawyer. I have wrote up a demand letter for when I have made a full recovery. Would it be too much to demand $9000 for a settlement? I know I won't get nearly that much, but I know it's better to have them shoot me down.

Thank you for your time, I look forward too seeing your answer!

Answer
Hello Nathan,

I'm sorry to say, but it is impossible for me to evaluate the actual value of your claim as I have none of the necessary information required to do so.  

You say you have only soft tissue injuries?  That is unusual after being hit by a car, but if that is your long term prognosis, great!  The problem is, what if you have some long term injuries?  This is why a speedy settlement can be detrimental.  Generally, speedy settlements are beneficial only for the insurance company.  Why so?  Because once you sign a release you are forever barred from any further recovery.

Writing your own demand letters is something I rarely support.  These matters should be handled by a well qualified personal injury attorney.  But if you are dead set against hiring an attorney to represent you, I can suggest only that you prepare to negotiate.  If you ask for $9000 - assuming there is that much coverage - I can almost certainly predict that you will get far less than that.

Make absolutely certain - before you send any demand letters - that you are in fact fully recovered.  Soft tissue injuries do resolve in weeks.  If you continue to experience legitimate pain, I suggest you seek a second medical opinion, possibly from an orthopedic specialist.  Whatever you do, do not settle until your injuries are completely resolved.

Good luck,

Jane