QuestionQUESTION: Hi, you are an Auto Claims Manager. Can I ask you a question about filing claim? The at fault driver’s insurance tells me to provide them with the medical bills, report etc. I wonder who should be responsible for the fee of ordering a medical report for filing personal injury claim, the claimant or at fault driver’s insurance company and why? Thank you for your answer.
ANSWER: This is negotiable, just like almost everything in a bodily injury claim. When an attorney is involved, the attorney normally pays for it as a cost of doing business, ie overhead.
But when the claimant does not have an attorney, the insurer will usually reimburse the cost as an act of good will. In the end, it doesn't really matter much because the cost is nominal compared to the actual settlement. They will probably pay you back if you ask, but they will include it in the overall settlement amount.
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QUESTION: Tanks for your answer. You said, “In the end, it doesn't really matter much because the cost is nominal compared to the actual settlement.” I agree. Can you tell how the insurer/adjuster makes an offer in the personal injury claim assuming the soft tissue injuries? I read some previous answers here. Does it make sense the settlement could be 3-5 times of a total economic loss?
AnswerEvaluating an injury claim is very subjective. The value could be 3-5 times, or it could be a lot more or less, depending on a lot of factors. The adjuster will try to estimate what a jury or judge would award if the case were to go to trial. If the adjuster thinks you exaggerated the injury or over-treated, it is worth less.
The amount of property damage is indicative of the extent of the impact, and this is a major factor. If there is little damage, the value is much lower because the adjuster will question the extent of the injury. If there is a heavy impact, the claim is worth more.
The type of treatment is also important. There are several "mill" medical providers who specialize in accident claims and will often overcharge and over treat people. The adjusters know exactly who they are, so stay away from them. Go to your doctor and if he/she refers you to a specialist, go there. Your doctor would not send you to a mill, but a lawyer will.
When you are done treating, I can give you my opinion on the value. I'll need a description of the property damage, how the accident occurred, amount of med bills, and type of treatment.
