Auto Insurance Claims: Car vs. Bike Pain and Suffering claim, bicycle accident, lacrosse program


Question
I was recently in a car vs Bicycle accident in which I was going through a crosswalk with the right of way and a car slammed into me who was trying to make a right on red.  I sprained my neck, back and right knee and had a concussion.  Because of the accident I had to miss a day of classes, and was not able to perform well in classes for most of that first week, and I also had to miss my team's first week of lacrosse practice.  I am on scholarship to play lacrosse at a top Division 1 lacrosse program, and we just got new coaches, so missing the first week of practices, and having to come back to practices injured and not at 100% when I could practice is a really big deal.  I dont kow what I should expect from the insurance company for pain and suffering.  I feel like this accident has really messed things up for me and has the potential to continue be a struggle to work through as I continue to heal and try to play again.  I didn't know what a fair amount to expect was.

Answer
Hi Kelly,

Determining an appropriate amount for pain and suffering can be a tricky proposition.  There are many things to consider, such as; what were your total medical expenses, are you still going for treatment, how long does your doctor anticipate you will need treatment and is there any permanent injury.  As a general rule of thumb, an injury claim with no permanent injury and relatively short treatment (say up to 6 weeks) will settle for approximately three to five times the actual cost of the treatment. So if you incurred $2000.00 in medical bills you should ask for $6000.00 to $10000.00. However the claims adjuster will have other ideas.  This is usually a negotiated settlement.

You will need to provide all documentation of your injuries and treatment as well as your medical bills.  If you find this process to be more than you can handle, you should contact an attorney in your area.

I hope this helps
Richard Hixenbaugh