Auto Insurance Claims: child with soft tissue injury, soft tissue injury, monor

Question
My 4 year old son and I were rear-ended almost 2 months ago.  We were at a dead stop and the other driver was going aprox. 30mph. The other insurance company admitted 100% fault and the driver was sited by the police for inattention. I drive a 1996 Land Rover and the bumper had to be replaced (about $1000). My son complained of immediate neck pain and was transported by ambulance in a hard collar and hard board.  He was given X-rays and diagnosed with whiplash. To follow up I took him to his doctor, who recommended PT or chiropractic care.  I have been taking him to the chiropractor and she is getting ready to release him from care. To date his medical bills are $5000. Would it be fair to ask for double the medical bills?  Does the extent of the damage to the vehicle factor in?  

Do you have tips for negotiating with the insurance company?

Thanks!

Answer
Hi Jess,

Double the medical bills is very reasonable. However, ther are 2 things you should consider;

1) you do not have to reach a settlement right now. Since your daughter is a monor you actually have until 2 years after she turns 18 years old. Although you should not wait that long you may want to consider reaching a settlement until you are absolutely sure there will be no ongoing issues with your daughter. If you and her doctor are sure there will not be any issues, then it is ok to settle.

2) You should be prepared for the insurance company to try to low ball you. First they will send all of your daughters medical records & bills to an outside review company. They will likely reduce the bills by as much as half stating that they were in excess of "reasonable & customary" or that the treatment was excessive for the diagnosis. They then may try to make you feel as though you are trying to profit from your daughters injuries. They may also claim that the extent of injuries and treatment claimed is not consistant with the minimal impact that your vehicle sustained.

Hopefully the above scenrios will not happen but being prepared gives you power they will not be expecting. In the end, if they do not treat you fairly, you can always hire an attorney.

I hope this helps
Richard Hixenbaugh