Auto Insurance Claims: DUI Accident (CA Statute of Limitations is Ending), numbness in my left arm, monetary expenses


Question
Hi,
I was involved in a DUI accident back in January of 2004, in which I was not the individual who was driving under the influence.  After the accident, I suffered from neck pains, a bruised knee, and some sporadic numbness in my left arm.  (I was broad-sided on the driver side)  To this day the numbness still occurs once in a while. With one visit to a neurologist, I was told that the sporadic occurrences of the numbness is not really treatable, since it is not a daily episode.  In addition, I was told that all I could do was to shake off the numbness, and this may last for a few years or maybe even for the rest of my life.  Surgery was the next option, which was not recommended since it was not a daily event, but rather only at certain times, maybe 1-2 times every 2-3 months.  I have been given an offer of $2000 from the other party's insurance company, yet I feel it is low-ball estimate.  I am currently writing a counter-offer settlement, yet I am not sure of what issues I can bring up to obtain a higher offer.  I have included the following items that would help me calculate the counter-offer value already:  loss of educational attendance (I was still in graduate school when this occurred and I am paying for it); medical expenses; travel expenses to the medical facilities; and physical pain and emotional distress. Can you give me some other suggestions I can include?  What else can I do?  Thanks.  

Answer
HI Rey,

You should add up all monetary expenses, ie: medical expenses, lost wages, lost school expenses, future medical expenses, travel expenses, etc. Once you have that total, multiply by 5. This is a good starting point to determine the amount of your demand. How much you settle for will be based on the severity of your injury and your ability to make your case. If the insurance company continues to low ball you, you may want to consult with an attorney.

I hope this helps
Richard Hixenbaugh