Auto Insurance Claims: insurance settlement offer, soft tissue injury value


Question
On 1/18/2010, an Erie Insurance-covered driver exited a parking lot without clear sight lines and hit my car resulting in $3465.09 in property damage, which they paid.
My son and I received $4180 in medical treatment (chiropractic) (which they paid).
I still have neck and back issues/pain. My chiropractor recommended I have treatment once/month for the rest of my life to retain mobility (he did not enter this into his final report).
For months I have had anxiety while driving.
The insurance company wants to settle pain and suffering for $5100.
Is this fair?
We are in NC and I carried no medical on my coverage.

Answer
My gut reaction is that the offer is fair.  Considering your medical treatment consisted of chiro only, and the fact that there is no real documentation of what your future medical will be, it will be hard to argue a large pain and suffering settlement.  With that being said, it is possible that the other driver may not be a good witness for himself/herself and you may be a great witness for yourself.  Kids are resilient and normally don't demand a large pain and suffering settlement.  It is not an extraordinary type of accident, meaning it is a common way wrecks happen, and will not demand a lot of "mental suffering" based on the way it happened.  Your lifestyle, occupation and physical characteristics can play a part in your settlement as well.  If you were extremely active and can prove it, have an occupation that will be affected by, but didn't contribute to your injury, and if you're not extremely overweight, then it will be easier to prove all of your lifestyle changes are due to the accident and you may demand more in front of a jury.  

All in all, I would ask them for $7500 and see what I could get unless you have reason to believe that your injury is substantial enough to cause big lifestyle changes in the future.

I hope this helps.