QuestionQUESTION: I was rear ended on 2/07/07. The accident happened causing very little damage to either vehicle. The two vehicles were pickups and our bumpers matched perfectly. Both pickups only sustained little dings to the bumper itself, but I was hit very hard. The claims adjuster that I have been trying to settle with says that the max he can do on the pain and suffering is $1000, due to the minimal amount of damage to my vehicle. and the medical bills are at $1730 + $334 for a bumper for a total of $3064. I had no time off work. I was already seeing a Chiropractor at the time. So the accident just made things worse. I just naturally went to him for treatment. He has advised me that I am probably as good as I am going to get. At this time I am seeing him on a monthly basis. Before the accident it was about every three months or so, sometimes longer. He says I should be fine, but I might not ever get back to where I was before 2/07/07. I am not in any real pain just a little stiffer than I used to be. It is not preventing me from working. If I don't get much better shouldn't I be compensated for my slight discomfort for the rest of my life?
Some of your answers show to settle at about 2.5 -2.75. The adjuster is offering .48 times the amount of medical bills and damage.
I could sure use some advice on this one.
ANSWER: Hi Russell,
You have two separate claims, one for property damage and one for personal injury. The amount of property damage is not a factor in determining a fair settlement for your injuries.
With a total settlement of $3,064, this means that they are offering $2,730 for your personal injury which is between 1.5 and 1.6 times your medical bills and includes pain and suffering.
You state that you have read some of my past answers regarding personal injury. You will note that I always state that insurance companies are very anti chiropractic and will usually only offer an amount between 1.2 and 1.5 times your total economic losses to settle a claim and include pain and suffering.
The offer of $2,730 to settle your personal injury claim fits right in the top tier of that category.
If you suffered a disability which will lead to long term treatment, I would be the first to advise you to secure an attorney to be properly compensated for future treatment.
Since you state that you suffer a 'slight discomfort' and you state that you were already seeing the Chiropractor for a preexisting condition, in my opinion, your chances are slim to none of being able to get money added to your settlement for future treatment.
I hope this information will be of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: So if I was injured in a previous accident. Was treated to the point that I was just visiting the chiropractor 2 to 4 times a year. Now I need to see him 12 times a year or I have great discomfort. I am not as good as I was before the accident on 2/7/07. I see it at .57 times (1000/1730 = .57). I am receiving $1000 for pain and suffering. I guess you take the medical bills and multipley times your number which means 50% to 60%.
AnswerHi Russell,
In the eyes of the insurance company, you are receiving $2,730 for
pain and suffering because your medical bills were probably paid by your car insurance medical or PIP or through your health insurance.
I am not telling you to accept the offer, simply explaining that it falls in the high range of what people are normally offered and settle for in similar situations.
As I stated, your offer is between 1.5 and 1.6 times your medicals.
I've had people write me because they were unhappy that their attorney settled their chiropractor treated case for 1.2 times their total bills, and then kept 1/3 of the settlement as his fee. The sad part of this case was that the medical bills were between $11,000 & $12,000......the attorney settled for $15,000 and kept $5,000 as his fee. Since the injured party did not carry auto medical payment coverage, her bills were paid by her health insurance which contained a clause that if she recovered from a 3rd party, she had to reimburse the health insurance company. After the attorney deducted his fee, her share was $10,000 and she owed the health insurance company almost $12,000. She was able to get them to settle for the $10,000 and write of the remaining almost $2,000. Final result...she wound up with zero for pain and suffering.
The final decision is up to you. You have been made an offer that
you can accept or try to negotiate for a higher amount.
The adjuster has stated that he has made his maximum offer. If you decide to secure an attorney, that offer comes off the table and the attorney has to start negotiating from zero.
Good Luck,
Bennie
