QuestionFirst, thank you for taking the time to review and respond to my question. I just finished reading a response you gave to someone concerning her daughter's insurance claim as she was a passenger in her friend's vehicle. I found your response to be very educational as in this is my first experience in this sort of situation.
In October of 2006 my fiancee and I were stopped in traffic on a freeway here in California. The driver behind us narrowly missed us in trying to slow his vehicle to a stop behind us. Once traffic began to move again it once more came to a complete stop, only this time the driver behind us did not come to a stop and smashed into our rear end sending us into the vehicle infront of us completely totaling my vehicle. The highway patrol officers said that since there were no major injuries or deaths that they would not be making a report in the incident.
Within the next two days my fiancee began to feel pain in her neck so after speaking with the insurance company she was taken in for treatment at a chiropractor. The driver that hit us insurance company said that they where taking the liability for the accident and to come in contact with them once she had been released from her treatment.
Now, she has just been released from her treatment and we are now collecting all the documentation needed to send to the claim adjuster, (i.e. medical bills, proof of lost wages at her place of employment, and a letter stating our estimated valuation).
My question is that in your previous response to another person, you stated that you use a general multiplier in calculating pain and suffering. In dealing with my situation, (3 months chiropractic treatment, totaled vehicle, liability claimed by the vehicle behind us, California, 2 days missed from work plus one week of modified duty work) would a 3 times multiplier of her medical bill be sufficient?
AnswerDear Leland,
You have done a lot of homework and if you have read my prior answer I might be repeating myself here. I cannot recall the case that you read, so forgive me if I just give some of the same information here.
Let me start by pointing out that while your only question is regarding valuation, I am also of the mind that you need to consider the timing of this settlement. Anytime you suffer the trauma associated with impact hard enough to total a car, you do not want to settle too soon.
You stated this: “driver behind us did not come to a stop and smashed into our rear end sending us into the vehicle in front of us completely totaling my vehicle.“
THAT tells me something about the type of impact involved, unless you were exaggerating. With that kind of impact, I would want to see at least five months of treatment and just plain living----doing the physical things she used to do----before even considering settlement.
I will pass along some information on valuation at the end of my answer, but first I want to let you access some information regarding settling personal injury insurance claims too soon. The reason I am making a big deal of your injuries is because of the exceptional trauma involved in this wreck, which implies a more lasting injury, and because in three months she really has not put her body through the rigors of daily life as she used to live it during the summer months. I am going to divide your answer up into four separate topics, as follows:
DO NOT SETTLE YOUR SOFT TISSUE PERSONAL INJURY CLAIM TOO SOON. "Deep" soft tissue injury can be lit up months after ending treatment. Wait until she has gone through a few months with all of the usual physical activities.
I know your car was hit with some pretty good momentum from the impact you described. And, of course, that trauma was passed along to both of your bodies, where, as the doctor likely told her, the soft tissue injury was DEEP.
What that tells me is that her body may not have had sufficient time to heal and repair itself from just passive treatment. I am worried that if she were to go through even half of her summertime outdoor activities, she will start noticing pains at night or the day following physical activity.
How do I know this, since I am a J.D. doctor, not a D.C. of M.D.? Well. . . . twenty-something odd years of doing this business and coming across dozens of cases like hers gives me some basis to ask you to consider waiting for settlement because the trauma was significant.
As for you as well, even now there may be a dull ache at night following some physical activity or pain the next morning. In this case, I would first give yourself a thorough self-examination to see when you recall the little nagging pains in your neck or back. I would see a doctor about those ASAP. It is not too late.
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.
So, when this happens, even if you are now a couple months or more post-accident (or in her case, if she were to notice same in February, a couple of months post-treatment), do not hesitate to 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
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
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, that is it: no one will be there to pay for her—or your—future medical or chiropractic care; nor will she—or 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
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Now a few words about valuation. If you have read about all of the factors that go into valuation, then you can see which of those might increase or decrease the value of her claim.
One factor that increases the value is a good hard crash. That implies big trauma, which supports big injuries. So at least you do not have to fight over that aspect of the claim: there is more than sufficient proof of a big trauma. By the way, make sure you save any photos of the damage that you might have taken. Save the estimate for repairs of one was made.
I would start out with a multiplier of four or more with your physical damage. Add sufficient to allow for some reduction in negotiations.
If your doctor has only crib sheet office notes, then consider investing in a narrative letter to assist in settling the insurance claim.
Maybe the records he got are not all that good. Have you seen any of the doctors' records that went to the insurance adjuster? If not, it is easy enough to get a copy so you can make sure that everything of importance you discussed is included therein IN READABLE FASHION.
Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
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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
