QuestionI appreciate any specific answers, and any step-by-step additional recommendations that you have. In September of 2011, I was struck by a van while I was on my bicycle, in Tempe, AZ. I struck my head. I went to the emergency room by ambulance. I had CT Scan, x-rays, etc. I left the hospital that evening. I was very sore, and I had a giant bump on my head, but no "real" injuries. I have had no other medical treatment or bills associated with the accident. The accident was Saturday dusk, and I went to work Monday morning. My bike was a bit banged up, but no great loss. Police came to the scene and a report was filed, along with multiple witness reports. There were no citings. I had rear red and front white blinking bike lights. After, I was very concerned that I would receive no financial compensation for my medical bills. I have no personal medical insurance. My concern is that I was on a bike, in a cross-walk, against traffic. I was crossing a residential street. I went across as a van was stopped, waiting to pull out. The driver did not look back to see me crossing, clipping the back half of the bike, sending me into the air. My concerns were on percentage of liability allocated between driver and myself. I was also worried about "bicycle" laws and how that would be treated. I read various disappointments on various online sites related to perceptions, verses actual traffic laws involving bicyclists, which left many people unhappy. With these concerns, I said little to State Farm,and gave no recorded statement, or provided only general information. I thought this may help me, since I do not have knowledge on laws/claims involving this situation. I sent all the information to State Farm(police report , demand letter). My only "real" perceived argument was that the driver clearly lied on the police report, with regards to the accident, saying that I hit him. Eventually, in January, State Farm accepted 100% liability for the accident, in writing. Two weeks ago, I received my first settlement offer of $22,l77.20. My initial total bills were roughly $14,000. The emergency room hospital bill was just under $11,000. The other bills were for the ambulance, and hospital doctor billings, making up the difference. There is now a medical injury lien, raising the hospital bill to essentially $16,630.11. I have asked for a new hospital itemized bill, along with information from the hospital's law firm. I am concerned with the excessive cost added by this lien process. I have spoken with State Farm and said I would get back to them. I will be sending a counter- offer by mail, but I am not sure how to proceed from here. I am not sure what to request(2x,3x??). I am not sure what to eventually settle for. I don't want to be greedy. My concern all along has just paying back the medical bills. But, since I am here now, I might as well try to proceed in my best interest, and not leave too much on the table. Also, can I negotiate the hospital bills lower? How do I deal with the law firms lien fees? I have not become well versed in these procedures. I have looked for help on various websites, such as All Experts. I have ordered a book that I will be reading next week that, hopefully, will help me finish up this process, without making too many more mistakes. I do not wish to get a lawyer, if at all possible. I want it to finish up as simply as possible. How do I proceed? What did I leave out? Thank you!
AnswerI actually think this is a very fair offer for the injury and medical care you described. You might be able to get another $2-3000 from them if you wish to negotiate and can be patient.
I also recommend trying to negotiate the hospital bill down. Do not tell them the amount of the offer, just say you think you can pay xxx amount. I would start around $10,000 and see what happens. And then get it in writing from the collections firm.
An attorney will charge you between 30-50% of your settlement/award, so it sounds like you may be better off handling on your own.
State Farm will need to pay off the lien amount so make sure they know you are trying to negotiate it down.
