Auto Insurance Claims: Auto-Injury Claim Valuation, compression fractures, economic losses

Question
QUESTION: Last October (14th) I was driving a scooter to visit my mother, when I was stopped and in process of turning (to the left) outside of her house, a young girl (21yo) tried to pass me going about 40 mph and hit me in the spine, I was slung over 15 feet across pavement and my helmet was knocked clear off, I was stunned and unable to breath for moments as my family was screaming (having heard the noise from in the house) all in all, a very frightening experience. The Ambulance took me to the hospital where i was given xrays. I had multiple compression fractures and a lot of trauma to the lumber area (lower spine). My medical bills from the hospital were nearly $9000, I was referred to a chiropractor by my attorney and saw him until released a few months later. Nearly a year later I am still in pain, though I am not seeing anyone for it, I am very wary of medicine but have considered seeing a doctor for some sort of pain prescription. The company (all state) has recently given their first offer of 15,000 and my attorneys say they think we can get 25,000. I feel this case was perhaps undervalued at some point, and that 100,000-200,000 would be more appropriate than 15,000-25,000, considering all points of this case. I would like to know what I need to do to convince a jury to agree with me. What is your opinion? Thanks for your help!

ANSWER: Hi Dustin,
Since you have retained an attorney, I can't comment as to the value of your claim.

I can only provide some basic information.  Among the main factors used to determine
a proper and fair settlement is the severity and seriousness of your injury and if you
will have a full recovery or be faced with an extended period (perhaps lifetime) of
pain and complications from the injury and your total economic losses including the
ambulance, ER, tests such as MRI, CT scan and x-rays and loss of income.

For an injury such as yours, insurance companies respect most the opinion and treatment
of an orthopedic doctor, followed by your family doctor and at the very bottom of the
list, a chiropractor.  Based on your statement of your injuries, I don't understand
why you would accept a referral to a chiropractor and expect him to properly treat
multiple spine fractures.  What benefit will dozens of feel-good back massages do
to heal compound fractures?

The fact that you may be in unbearable pain at present has no value because you are not
being treated.  Insurance companies will assign a much lower value (or possibly no value)
for pain and suffering when all or the majority of your treatment is chiropractic.

It sounds like the offer that has been made is a low-ball offer based solely on your
hospital bills.

If I had suffered such an accident and injuries, I would have seen my family doctor for
referral to an orthopedic doctor who could diagnose and properly treat my injury with
whatever proper methods that might even include physical therapy or surgery until I
was fully recovered and able to return to a normal life.

Your fear of drugs is no excuse of avoiding proper medical care.  I have never known
where a doctor deliberately got his patient "hooked" on prescription pain medication.

If you have any more questions, please send a follow-up.

I hope that you find this helpful.  Your feedback by rating my response will be
appreciated.

Bennie
San Francisco Bay Area







---------- FOLLOW-UP ----------

QUESTION: I trusted my lawyers when they said to go visit a chiropractor. Which mainly consisted of a lot of realignments to make sure the spine healed up correctly. Would I still have the option of visiting a family doctor and getting a referral to a orthopedic doctor now? Also I have been developing new pains at the femoral joints (where my legs meet my hip) on both sides, including constant dull pain and lots of 'popping' but I wouldn't mind seeing a doctor for pain management and re-assessment, but it has been too long to include this in my claim, hasn't it?

Answer
Hi Dustin,
Since the accident was in October '08 and you did get a diagnosis and x-rays
at the hospital and treated for several months but discontinued because that
treatment wasn't helping.
 
You are still suffering pain from the areas previously diagnosed as being injured.  
I see no reason why your insurance would have a problem if you resume treatment with
doctors who can help cure your injuries.

Bennie