QuestionIn July of 2008, I was rear-ended on my way to work by another driver who was found 100% liable by the local Virginia police. I was taken to the hospital in an ambulance; I was diagnosed with Para-vertebral spasm. Two weeks later, I saw my primary care physician(diagnosis: cervical strain) and started physical therapy (twice a week for four weeks). Even though I completed the treatment six weeks after the accident, this injury still causes chronic headaches and neck pain.
My 97 Toyota corolla was totaled; I received $4500 for the value of the car.
Most of my medical bills ($3265) were paid my health insurance, and I already made payments for co-pay and deductible out of my pocket.
I missed 3 days of work ($1875). I went back to work six days after the accident. However, because I sustained a neck injury, I could not drive to work. I was forced to commute by public transportation, which took me two hours one way, instead of the usual 45 minutes.
The claim adjuster for the other party, one of the biggest auto insurance companies, made a first offer 5 months later for $6910.00 in total ($3135 for medical, $1775 for lost wages, and $2000 for pain and suffering). I thought this offer was insulting due to the fact that they did not even offer the full amount for medical bills or lost wages; so, I refused to accept it. Then they made a second offer, which was $7010 (they only agreed to pay the full amount for lost wages). I believe the pain and suffering amount was still too low; I did not accept this offer either. I counter offered for $8140 ($3265 for medical, $1875 for lost wages, and $3000 for pain and suffering). I don't think it's unreasonable at all. However, the insurance company stopped contacting me and refused to respond to my emails and phone calls. It's been 1 month since then. I would like to know what is the fair range of the settlement for my case. Also, I have no way of contacting them since they no longer respond to me. I'm considering to file a complaint against this insurance adjuster/company with Department of Insurance in Virginia. Is this reasonable?
Any help is greatly appreciated.
AnswerI think your offer is very fair. Now this is based on what you have told me. I do not know if there is more to the story to explain their offer.
Based on what you have told me, your case is worth somewhere in the range of $8000-$10000.
Now if you hire an attorney, he/she will take 1/3 to settle the case and 40-50% to file suit and try the case. So this may not be worthwhile. They probably factored this in. But you could file suit on your own and probably win a fair award, since you appear educated. Since the amount is not large, this case could probably stay in small claims court and the setting is very informal and you don't really need a lawyer.
I would call the supervisor. Complain about the lack of response from the adjuster. There is no excuse for that. Threaten to file a complaint with the DOI. Explain the basis of your offer and why it is fair. Explain you can go to small claims court if necessary. The supervisor might buckle.
If not, file the small claims suit and the DOI complaint. They will need to assign an attorney to defend their insured, and the attorney will probably settle the case rather than go to court for that amount.
