QuestionMyself and my two daughters were rear ended at a stop light by whom we believe was a drunk driver. It was a hit and run. His car was lodged under my Expidition, he then backed out (his car smashed up to the steering wheel) and sped away. I intern then hit the car in front of me. She and I pulled over out of the road and called the police. She in turn left the scene of the accident as she did not have her insurance card or license on her and was scared, before leaving though she gave me all of her personal information. My oldest daughter and I as always had our seat belts on and my toddler was in her car seat. My head hit the steering wheel as well as whiplash and my oldest daughter suffered whiplash also. I was too emotionally upset that night to go to the hospital (my only concern was to get my girls out of the busy road.) We did all go to the doctors the next day and were prescribed muscle relaxers and medication for pain. The insurance company offered us to have either Massage therapy for our whiplash/neck injuries or Chiropractic care. I am deathly afraid of Chiropractors as I have rods and screws in my lower spine and don't want them touching my back. My question is, now they (the Insurance company) are calling me and wanting to settle the claim. They state we have up to $10,000 each for the different therapies under our policy and that if we choose to settle now we would still be able to access that benefit. At what point do we start to talk to them about settlement and how do I know what is acceptable. The only follow up I have had is with getting massage therapy to my upper neck and back maybe once a month and at times not even that. I have never been in an accident before so have no idea what to expect. Thank you for taking the time to answer my question. I have found this website very informative.
AnswerThere are two types of coverage that apply:
(1) 1st party medical coverage, which may be called PIP or MPC or something similar. This pays your medical bills like health insurance does.
(2) Uninsured Motorist (UM) coverage, in which case your insurer acts like they are the insurer of the guy who fled the scene and caused the accident. (I'm assuming he was not identified)
They are trying to settle your claim under the UM coverage. When you and they try to agree on a settlement, you are trying to estimate the amount a jury would award you if you filed a lawsuit for the injuries. This is subjective and there is no definitive answer. Everyone has an opinion.
The amount should include:
-existing medical expenses
-estimated future medical expenses, if any, related to the accident
-lost wages, if any, even if coverd under sick leave or vacation
-an amount for pain and suffering or other inconvenience
Normally, it is not a good idea to settle a claim until you are fully healed or close to it. If you are expecting a lot of future medical care, I would wait before settling, because you may be way off on the future medical expenses.
If you decide to settle, send me a followup with the amounts shown above and I'll give you a settlement range opinion.
