Auto Insurance Claims: Bodily injury, whip lash, multiple contusions


Question
I was recently hit by an uninsured motorist who did not obey my right a way in an intersection. I was however insured for up to $50,000 by my own insurance company against bodily injury incase of this scenario. I was wearing my seatbelt but still ended up with multiple contusions, whip lash and a broken rib. I will be out of work for about 6 weeks. My insurance company tells me, I can claim my lost wages, all my medical bills and also the pain I suffered. Is there a standard $ amount for pain? How can I tell what my pain is worth?
Thank you for your time!

Answer
There is no real standard $$ amount for pain and suffering.  Each case is entirely different and should be treated on its own merits.  In your case, I wouldn't know where to start guessing as I've never seen anyone out of work that long for the injuries that you're describing.  Wish I had been given that much time after my back surgery for two herniated discs!

As far as what your pain is worth, you're going to get an offer that is initially lower than they are willing to pay, but is also in range with prior similar settlements, both in and out of litigation.  The insurance company should be willing to take reasonable arguments into consideration and if you are unable to agree on what you believe is fair, you always having the option of getting an attorney.  Some insurance companies are very reasonable and some are not.  

My only advice is to at least see what you can negotiate before making a decision as to obtain an attorney.  Once you've agreed to give an attorney 30-40% of your settlement, you're stuck so you might as well know up front what you can do on your own.  

Good luck!