Auto Insurance Claims: Auto settlement, car damage, pain and suffering

Question
My husband was hit really bad on the side in his car and both airbags went off.  He has a scar and back problems.  The other day, he literally could not walk.  He has been treated with the chiropractor but she left it as not completely recovered so that he can open up the claim at a later time, if necessary (that's what she said)  Couple of questions:
1) They have recently sent us a letter offering a settlement of $5000.00 without paying medical.  I think it's too low.  The adjuster told me that it's usual.  How do I negotiate... on paper, via phone call etc?
2) Should he re-open his case and get chiropractic care again?  The claims adjuster said that we can claim up to two years.
3) If we wanted to settle, is there a way to write up our own contract where it says that we have further rights to pursue a claim if we discover a new injury?
Thanks.

Answer
Hi Anna-


First of all please realize that I am an insurance agent, not an attorney, so I can only give you my opinion and my experience.

You need to treat the car and the injury totally separate, because that's how the insurance companies do it.  First go ahead and settle for the car damage.  If it's totalled they will offer fair market value and they can back it up with comparables.  You can try to dispute it especially if they've missed optional equipment that was on your vehicle like spoiler or sports package etc. but there's not going to be much negotiating other than that.

For the injuries, they will not settle with you until you sign a release of further liability.  What I would recommend is that he gets whatever medical treatment he needs over the next year and a half.  Document any lost wages and milage to the doctor etc.  Then you should ask for your medical cost plus about 2x your medical costs for pain and suffering.  That is standard from what I understand.  If it looks like the injuries are going to have long term effects at that point, get a doctor to write a statement to that affect, and if you can show that it will reduce further income or cause other monitary damages, you may be able to get more.

Sheldon Maughan
Sacramento, Ca