Auto Insurance Claims: Auto accident, correct terminology, other vehicles


Question
I hope this isn't too long but I don't want to have to go back and forth due to my leaving out info. you may need to know.  So, fiancee was rear-ended in my vehicle while 8 months pregnant.  It wasn't a devastating accident but she was hit fairly hard.  I'd guess a 20 - 30 mph collision however due to the vehicles involved and the point of impact, there was minimal damage to either vehicle.  Still, my fiancee was taken to the emergency room by ambulance.  Once she was checked into a room at the hospital and her usual doctor arrived to examine her and the unborn, her doctor decided it best that she remain overnight.  Its been 19 months since then, we seem to have a healthy baby boy and my fiancee sometimes says her back hurts but it doesn't immobilize her.  For the record, we are not greedy or the "sue them for what they're worth type".  Back to the point, we feel insulted that the insurance company is only trying to pay the medical bills, the ambulance fee, and $250 for being out of work for two days.  I can personally attest to the fact that we were sincerely stressed as she spent the night in the hospital.  We know the hospital stay was a precaution but the doctor felt it necessary.  The degree of stress subsided substantially when she was released on schedule the next day but we still had a small "what if" in the back of our minds until our son was born (and a bit after).  Now the actual questions, do you have any suggestion on how we can get a fair settlement for my fiancee's suffering (I'm not seeking any sort of inclusion for myself except one small thing I'll explain later).  The second question is to the validity of what the other vehicle's insurance agent has told us.  My fiancee's insurance has paid the majority of her medical bills at the lower negotiate insurance company rate (I'm sure you know what I mean even if I haven't used the correct terminology).  The other vehicles insurance agent is telling us that they will have to pay us the full hospital charges; that they are not allowed to reimburse the reduced / negotiated rate that my fiancee's insurance company paid.  Is this true?  ---- Some additional info:  We are in North Carolina.  The other party's insurance agent is unaware but we happened to discover a witness to the accident (I of course can give you details if you'd like).  The other party is saying the impact was not severe enough to cause any injury because of the lack of damage.  However, my vehicle had a hitch cover made of solid pewter that was simply bent into a crescent (that's the one reimbursement I seek for myself).  One study by experts on material strength will be able to determine the force of impact needed to bend that hitch cover.    Thank you very much for your time.

Answer
Hi Allan,

I'm sorry you, your girlfriend and child went through this.

Unfortunately, insurance companies offer settlement based on what they think you would be awarded if you did file a law suit. Sometimes they get it right, sometimes they do not. Generally, injuries are settled based on 2 things, the type & extent of injury and the cost of the medical bills. In this situation the medical bills were primarily precautionary. There was no actual injury or ongoing treatment. The insurance comapny is offering to pay the medical bills and lost wages. Under the circumstances I feel they should offer at a little more to make up for the stress factor. They are correct that they will pay the full amount of medical bills but you would only reimburse your insurance company what they actually paid out. So there is a bit of savings there.

You should ask for about a couple thousand dollars in addition to the medical bills and lost wages. They will likely not pay this but it will give you a start to a negotiation. You should do everything in writing and force them to reply to you only in writing. With each round lower your demand a little bit. But do not bid against your self. If they say you are asking for too much and ask you to lower your request, tell them no, that they should make a counter offer. Eventually you will end up with a figure that both of you can live with.

I hope this helps
Richard Hixenbaugh