QuestionI think my question is found in my demand letter to the insurance company.
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On February 24, 2007, my 2001 Dodge Caravan was struck by your insured, Glen Pinnell's 1999 Saturn, at the corner of 24 Highway and Lee's Summit Road in Independence, Missouri. Your insured party, Mr. Pinnell was extremely reckless, as he was travelling 45mph in a 35mph zone, ran a red light at 7:05pm in inclement weather while on his cell phone and made no attempt to brake. There was no obscured line of sight for either party. As my husband was making a left turn at the green arrow, Mr. Pinnell's car slammed into the passenger side of my van, the side I was sitting on. This resulted in a total loss of my vehicle, which your company paid on April 9, 2007, six weeks after the accident occurred. I was wearing my seatbelt. My husband was found 0% at fault for the accident. The police sited Mr. Pinnell for driving too fast for conditions, violation of a signal, failure to yield, and inattention.
I followed with my primary care physician, Dr. Said Mahmoud, where I suffered severe bruises to my right side, and my head and neck throbbed in continuous pain, making me frequently nauseous. In addition, I had and still have pain in my neck and back. I was prescribed pain medication and anxiety medication to help with my pain and suffering. I was also recommended to visit a chiropractor to determine the severity of my injuries. I visited the chiropractor and received a series of x-rays, which showed prior to accident with your insured party, I had no sign of previous injuries.
After being on pain medication for some time, I stopped taking it to see how my injuries felt without an aid, and realized that I had a serious dental problem. It was discovered that I had a broken tooth, which was infected. This was in a direct result from my auto accident, whether it was broken in the accident, or from the excessive grinding that happened as a result of the immense pain I was in from the incident.
About a month later, I was unable to continue working due to my injuries, and was ordered by my primary care physician to take a week off of work, which was the week of March 26, 2007. However, this was not enough and later, I was referred to a neurologist for further care. My neurologist, Dr. Roxane Breman, ordered several courses of treatment, including specialized physical therapy to help cope with my pain and suffering. Even after all of this, I still have quite a bit of pain in my neck and back on a daily basis.
My wages lost from 3/12/08 to current were only for one hour for each date of service, not two as you claim. My appointments were set for 3:30pm and my working hours are from 7:30am to 4:00pm. I did not claim for 2 hours for each of those dates, therefore your total should be adjusted accordingly.
As a result of the accident, I had to drop out of my final semester of college for the spring 2007 semester. The withdrawal date had past for the semester, and my total bill for books and classes $1061.57. (Receipt attached.)
As a result of being hit by Mr. Pinnell's car, my neurologist ordered me to get a gym membership to accompany my physical therapy visits. I had to pay a monthly fee at 24 Hour Fitness, for a total of $582.50. (Order and payments attached.)
My additional medical bills and losses total $2069.22 as follows (Copies of bills attached):
Prescriptions: $ 99.78
Dental Work: $ 220.00
Gym Membership: $ 582.50
Spring 2007 Semester: $1061.57
Mileage Reimbursement: $ 105.37
I have had considerable pain and suffering as a result of this accident and continue to suffer from neck and back pain. My neurology visit in November of 2008 concluded that I will most likely continue to be in pain for the rest of my life, and seeing as I am not even 30 years old yet, that looks to be quite a long time. Including general damages, I demand settlement of my claim in the amount of $22,856. Please respond to this demand with an offer to settle within 5 business days.
Thank you.
Very truly yours,
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Their original offer was for 12,300. Their rebuttle offer after submission of my demand letter was 13,700. They have stated they will not pay for any treatment post 3/12/08. I had 3 months of physical therapy (myofacial therapy) and a doctor ordered gym membership. The gym totaled $582.50 and the myofacial therapy totaled $491 after my medical insurance paid their portion. I had a neurology appointment in Nov. 08, which my portion after insurance was only $22. I also asked that they reimburse me for student loans for the semester of college I had to drop due to the accident.
I am unsure of what to do at this point. I feel that my claim deserves to be greater than what they have offered, considering I am still in constant pain and was told by my neurologist in Nov 08 that I would most likely have ongoing problems and may be developing arthritis.
AnswerHi Terry,
You have to keep in mind that this is an adversarial process. The insurance adjuster has no interest in your problems, pain or expenses. Their job to to low-ball you and not properly compensate you in order to save the insurance company'S money. The will do or say just about anything to minimize your claim, wear you out and get you to go away with as little money as possible.
This is a process of wills. The person with the strongest will to stay in the game and keep fighting, wins. Unfortunately, they have all of the time and monsy in the world. You should answer the offer with a rejection and a counter offer. If at any time you feel you can not do any more, then you should hire the most agressive, pit bull attorney you can fined. It's unfortunate but, that is the process.
I hope this helps
Richard Hixenbaugh
