Question I was involved in auto accident in which I was t boned by a vehicle that ran a red light. Was treated for 5 months by my physican and physical therpy. I was treated for sore chest from impact and air bag and bad muscle spasms in back. My car was totaled at $6455 lost wages of $592 and medical bills of $2210. The adjusters first offer was $2014 plus med and lost wages. I sent her a demand letter for $18,000 ( I know its high but working my way to a middle ground). Well she calls me back after getting letter and offers med plus lost wages and $4700 for pain and suffering. I told her i would get back to her any suggestions on what my next offer should be and do you know of about what her price range looks like. Thanks for any help with this!!!
AnswerHi Kathy,
'da boss here at allexperts has asked us to avoid getting in the middle of giving people negotiation advice inasmuch as that can expose him to liability for malpractice. Hence, we will approach your question in a broader sense, and I will give you a strategy for negotiation once you have reached an impasse.
Let's start with these topics, and see where that gets you.
#1. Second salvo www.SettlementCentral.Com negotiation strategy
#2. Narrative reports can settle personal injury claims
#3. Pick out two factors from valuation list
#4. Get a witness statement
#5. Respond in writing—e-mail is OK
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#1. Second salvo www.SettlementCentral.Com negotiation strategy
I do not think that it would pay you to join my website at this late date in your negotiations. While it is true that www.SettlementCentral.Com teaches insurance negotiations, a big part of the benefit of membership is helping the victim throughout her claims and medical treatment process. Our members report that the insurance negotiation tips at www.SettlementCentral.Com are most helpful in learning how to take on a professional adjuster, but I think I can give you a little information from which you can go forward with a strong and effective negotiation.
The basic idea is to put a halt to negotiations in favor of furnishing new information or information in another form. I am talking about FOUR things you should do.
A) Do not be in any hurry to respond. Let the adjuster know that while you do appreciate her offer, you blame yourself because you must have failed to furnish additional information. And hence, you will not respond to her offer until you are able to furnish more information.
B) Do NOT promise what kind of information you will furnish since you have no idea that all you promise (i.e. a new medical report) will be favorable.
C) Consider the term "second salvo" from www.SettlementCentral.Com negotiation tips. What we mean is you are loading up another round of ammo and firing back at the adjuster with something of SUBSTANCE, not just hot air. You want to give her some meat with your response since that will support your continued insistence on a higher insurance settlement.
D) Take a look at our ideas at using witness statements and/or a narrative report. You probably do not need both—but there is nothing wrong with furnishing both.
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#2. Narrative reports can settle personal injury claims
Here is another idea, Kathy, to make your medical record into an asset for settlement. Get a narrative report from your doctors regarding your HISTORY and treatment and prognosis and FUTURE medical care. CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling your insurance claim.
It sounds like an adjuster mignt not appreciate the seriousness of your injury given the low sum for medical care. If you have only written noted as evidence of the seriousness of your injuries, then maybe the records she is using to value your claim are not all that good. Have you seen any of the doctors' records that have gone to the insurance adjuster? If not, it is easy enough to get a copy so you can make sure that everything of importance you discussed is included therein IN READABLE FASHION.
Cryptic medical notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
Www.SettlementCentral.Com recommends that insurance claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. For example, if you just ask for a narrative letter now, ten months after your last appointment, then you best go in for another appointment first and document for the doctor examples of pain. While I have no idea of your current condition, it is not unreasonable that you would still have a lot of residual pains. Maybe such things as nagging signs of soft tissue injuries you are noticing following a full day of sitting at your computer or doing physical activities. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
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#3. Pick out two factors from valuation list
Here is a list of valuation factors. Pick a couple of them and expound on those two in your response to the adjuster.
How does one figure out what to ask for? Quick Answer: get as much as you can. Figure out what would make you happy, and increase that amount by at least 50%! The value is what you and the adjuster agree it will be. Well, if that is not scientific enough for you, let’s learn a bit more about valuation of personal injury claims.
Valuation is not like going to a drive-in for a fast food meal. It takes time and study of many factors, including liability and medical records. Plus, one would like to meet the claimant to see how he will “sell” to the other side and to the jury. Those online sources that mention a "rule of thumb" is just that: a gross estimate.
SHORT ANSWER: A common theme among those who still think a “rule of thumb” formula will put you in the valuation ballpark is to multiply the medical specials times a number from ONE to FIVE (depending upon factors, some of which I will give you later—or all of which are fully discussed in the members' side of my website, dealing with insurance settlements www.SettlementCentral.Com ). Then that figure is the total value of the personal injury portion of the claim. Of course there is a long list of factors to consider for adding or deducting from the total.
Let's take a look just one factor that puts the lie to the general use of this rule of thumb. A not so obvious, but very important factor that shows how inaccurate a “rule of thumb” formula can be is just plain location of the trial. Let's start with geography. Values differ from state to state, and within each state. City values are often different than rural values on claims, especially if the economy is tenuous in small towns. And the differences can be HUGE between these areas, even if only 20 miles apart.
Here is a listing of factors that will affect both the multiplier you will use, as well as the value of the claim inasmuch as they will increase or decrease the product of your multiplication. Since you are already well underway in this process, just pick out two strong points and argue those in your response.
1. LIABILITY DISPUTE
This is a big one because it most dramatically affects value.
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches himself. Why? Just human nature.
3. Medical special damages
Cost of medical and related health care expenses; higher costs usually equate to an increase in value (excepting, of course, cases of gross overtreatment).
4. Type of injury
Where does the injury fall within the insurance industry's "hierarchy list" of valuing injuries? Irrespective of which injury may cause more pain, injuries are valued according to seriousness, tendency to be persistent or permanent, and whether or not they need objective proof to be believed (e.g. a broken bone versus soft tissue strain).
5. Type of medical care
Where does the medical care fall within the insurance industry's "hierarchy list" of valuing medical care? Orthopedists at the top, chiropractors near the bottom.
6. Prognosis- future care—permanency of injury or pain and suffering—does your doctor recommend 6 months of care, or were you done treating 4 months ago? Even if you are done treating, will the doctor predict future problems?
7. Your medical and claims history, prior accidents, prior injuries or treatment of the same area of the body.
8. Impairment of quality of life. Emotional distress fits in here.
9. Quality and persistence of pain suffered.
10. Quality and thoroughness of her medical records.
11. Lost wages.
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#4. Get a witness statement
It sounds like your submission to the adjuster might have been perhaps a bit light. Did you give a lot of information as to how your pain and suffering impacted your life-home and work? For example what about using lay witness statements from family, friends, and co-workers? Some of these people do have relevant evidence to document what you went through. List those things that you still cannot do. And be sure to include those things that you CAN do, but for which you will suffer that night or for the next few days. Witness Statements Settle Personal Injury Insurance Claims http://www.settlementcentral.com/page0196.htm
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#5. Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC, Kathy: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
How about avoiding those phone calls and try to always communicate with the adjuster in writing, showing your own analysis of value? It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let her know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
