QuestionHi, My 6 year old daughter and I were in a (drivers side) head on car accident 1 mile from a rented condo on July 1, 2006, in NH. We had driven 3 hours from MA to go on a week vacation in NH. Our car was totaled and the other driver admitted fault (she was reaching for her cell phone). Due to pain, we both went to the hospital the next day and we both had "whiplash" and marked bruising. I explained how we were in the accident the night before and up in NH on vacation. The ER Dr. didn't write on my discharge papers to stay out of work, just to take motrin and see my own doctor if pain doesn't subside within a week. That was the only medical bills involved. Geico (her ins. co) paid for a car rental. Geico paid the total loss for my car out at a reasonable price. Basically our week vacation was ruined in NH, then the following week back at home, I had to spend researching, test driving and purchasing a new car before going back to work. Because the accident happened in NH and we went to the hospital we can pursue a bodily injury claim. The adjustor called last week and offered $500 for me and $500 for my daughter. I feel that's not enough. We paid $700 for the condo rental and my 2 week paid vacation was ruined (worth $1,500 gross pay from my employer). I have tried to research "pain and suffering" for losing out on my vacation but haven't found much. If I write a letter of demand stating $6,000.00 for me and $4,500.00 for my daughter would htat be overkill? I really am looking for $3,000.00 for me and $2,000.00 for my daughter. Thoughts? thank you!
AnswerDear Ann,
In direct answer to your question regarding the value of your two claims, no one can ever give you any even ballpark idea of value with so little information. These claims could go one of two ways.
First, if in fact that one ER visit is all the two of you had, and there were no other problems whatsoever, then the value of the claims is a lot closer to the adjuster’s offer than to your desired settlement amount.
You give no indication whatsoever of any problems from the trauma, so with just an ER visit to your case, it is pretty simple.
The second way for the claim to go is more likely in my opinion. What I suspect is that both you and your daughter did, in fact, have more substantial injuries, and that you might have problems today if you were to stress your bodies with physical work.
Why do I think you have more injuries than your records show?
First, your car was totaled. That would lead one to think that there was a pretty severe impact. Hence, one would expect more injuries than were resolved with just an ER show up and some Motrin
Second, you state that you both had pain, and what you describe as “whiplash”, and “marked bruising”. Those symptoms are consistent with a soft tissue injury caused by significant trauma. And, typically, we see persons suffering such injuries engaged in a treatment regimen that lasts at least 5 to 7 weeks.
Third, it is common for some who do not think they should make a “big deal” out of their accident injuries to just assume a stoic posture with regard to getting continued medical help. Yes, it is true that we do honor the concept of a stoic person who is not always complaining of the first little ache and pain.
BUT, IN TRUTH, YOU DO NOT GET ANY MONEY FOR PERSONAL INJURY CLAIMS UNLESS AND UNTIL YOU HAVE MEDICAL RECORDS TO SUPPORT A CLAIM OF INJURIES.
There is a statement in the insurance adjusting business: “NO MEDICINE—NO MONEY”. That is the quotation that is generally tossed around the insurance adjusting trade. What it means is that the amount of money paid for a general damages award in injury cases depends upon the quality and quantity of medical care necessary.
If one wants to be a stoic hero, she will not receive the same award that will be given to those who obtain reasonable and necessary medical care. Read more about personal injury insurance claims and medical treatments http://www.settlementcentral.com/page0045.htm
If, as I suspect, you were injured more than that one ER visit would convey, what should you do now?
Well, it is not too late to document your injuries, both with lay writings (your recollections of problems) AND follow-up medical consultations.
Usually I would advise a questioner to get a narrative report from her doctor. A narrative letter does a lot to make the doctor’s examination, diagnosis, and prognosis come to life in language that the adjuster can understand. By contrast, I will bet that your ER record has no more than one or two sentences.
BUT, that ER doctor is not going to remember you, as your own doctor would. So it is probably a waste of time to ask her for a narrative report. Instead, I would focus on any general aches and pains you have had these past few months and I would get medical care for them.
I am a little worried that anyone with THAT MUCH PROPERTY DAMAGE likely sustained some pretty good trauma, and soft tissue injuries have a way of creeping up on you weeks or even months later when you start to get active in your first summer season since the accident.
After a weekend of physical activity, you may notice a dull ache that night or the next morning, or for the next three or four days. Many people want to ignore that little nagging pain that comes after a full day at work or after doing yard work or other outdoor activities. They do not realize that often times soft tissue injuries do not manifest until weeks or even months later.
There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
You can certainly report that the pains were noticed some time ago and that you felt they would go away. But if you have been active in the past and had no pains or restrictions on your full physical involvement, then you need to know that any pains you are having this now are likely due to traumatic injury to your soft tissues in your neck or back. Make a note of what you can recall of dull aches and pains following physical activity and—assuming you have never suffered this kind of pain before—let the doctor know that these were present only after your car accident.
No problem if you have no aches or pains out of the ordinary for restarting activity after a winter of inactivity. BUT, if there is some nagging pain that shows at night or the next day following activities you did in summers past, DO NOT IGNORE IT AS IT MAY WELL BE DUE TO YOUR SOFT TISSUE INJURY.
Naturally, insurance adjusters do not like to hear this, or even think it might be true. But soft tissue does not heal as it was before inasmuch as scar tissue lacks the elasticity of the damaged tissue.
If you do have such out-of-the-ordinary pains following physical activity, then by all means CHECK IT OUT WITH YOUR DOCTOR BEFORE YOU RESPOND TO THE ADJUSTER. You can open your own PIP claim or health insurance claim to pay for your medical or chiropractic expenses.
If the pains are new post-accident, then SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
And, of course, once you settle, that is it: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
Another way to increase the value of your claim, even if you do not go to a doctor again, is to make a thorough argument about the troubles you two have had and the reasons you remained stoic and did not go for additional care. One would also like to see some objective witness statement to your problems.
Just find something to put in your letter. Maybe you did show pains at work and you could use a letter from a co-worker. That way the adjuster gets the idea that you do not want to just fold your tent and steal away. Witness Statements Settle Personal Injury Insurance Claims http://www.settlementcentral.com/page0196.htm
Now, you mentioned some inconveniences regarding loss of work and loss of vacation and the time taken to shop for a new car.
Compensation for loss of vacation: I would go for both costs and lost time from work,IF you have some proof that you two could not participate in your vacation.
Surely if you were precluded from going on your vacation, then you can support that with the medical reports and the charges for that which you could not enjoy should be consequential damages. Much the same for the time off work, assuming that you can support the fact that you could not work by using a combination of both the ER report and a brief note from your supervisor that discusses the physical requirements of your job. By the way, did you know that just sitting or just standing can be very difficult for persons with certain soft tissue injuries?
I know it was frustrating to have to take time for a new car search, but the inconvenience of looking for a new car is not compensable.
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
