QuestionHello,
I was involved in a MVA about 5 weeks ago. I was rear-ended at a light where I was at a complete stop waiting for the light to turn green. The driver that hit me fled the scene but I was able to get his license plate number and he was arrested and charged with driving with a suspended license and leaving the scene of an accident. He claimed he has a medical condition that makes him tired and that he had fallen asleep at the wheel. The owner(not the driver) of the car and myself are insured by the same company. I thought... great! this will be easy. But, I was wrong.
The rear-end of my brand new 2006 PT Cruiser sustained damage that came to $5000. I had immediate back pain and elected to go to the hospital to be checked out ..no disclocation or fracture ..deep soft tissue injury. I was prescribed muscle relaxants and ibuprofen and sent home and told to stay out of work for a day. I followed up with my GP and continued this treatment for another 3 weeks.
My car was in for repairs for 2.5 weeks and when it came to settling the bill - the ins company said I would have to front $1000 (my deductible) since they had been unable to contact the insured or the driver. I was not happy at that news or the lack of speed at which the process was progressing so I paid and I have subsequently received a check covering the deductible.
Now I am trying to figure out the compensatory damages aspect of the cliam. My medical bills total $1500 and I missed a day of work ($300) but how I am supposed to determine pain & suffering is not clear. Are there extenuating circumstances since he was arrested for leaving the scene and driving with a suspended license?
My dealings with the company have been extremely stressful and unsatisfying. I get the distinct feeling that since we are insured by the same company the only winner will be the ins company because they are in complete control. I am not looking for a big payout but frankly, I do not want to be screwed over either.
Thank you for your attention.
Answer
Dear Stacey,
You have asked me for tips on valuing your damages from a "DEEP soft tissue injury that happened ONLY five weeks ago. 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 your doctor described them as "deep", which implies a more lasting injury, and because in 5 weeks you really have not put your body through the rigors of daily life as you used to live it during the summer months. I am going to divide your answer up into four separate topics, as follows:
1. Do NOT settle your soft tissue personal injury claim too soon.
2. Arm yourself to deal with the insurance claims adjuster: learn about personal injury insurance claims and insurance settlements.
3. Why not take a shot at making your own personal injury insurance settlement instead of hiring a personal injury attorney?
4. Valuation computation and factors that influence valuation.
1. 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 you have gone through your summer season with all if its physical activities.
I know your car was hit with some pretty good momentum by the amount of the repair bill (AND, by the way, thanks for buying American!). And, of course, that trauma was passed along to your body, where, as the doctor told you, the soft tissue injury was DEEP.
What that tells me is that your body may not have had sufficient time to heal from just passive treatment. I am worried that if you were to go through even half of your summertime outdoor activities, you will start noticing pains at night or the day following physical activity.
I am a little worried that anyone with THAT MUCH PROPERTY DAMAGE likely sustained some pretty good trauma, and deep soft tissue injuries have a way of coming back to haunt you later when you start to get active in your first summer season since concluding your treatments.
Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued exposure to the rigors of daily living and working. Therefore, the insurance adjuster will try to settle before your claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
After a weekend of physical activity, you may notice a dull ache for the next three or four days. That is a sign that you have residual soft tissue damage, and we need to account for that in making your valuation and in making your insurance claim demand letter.
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
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
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.
So, when this happens, even if a couple months or more 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
2. ARM YOURSELF TO DEAL WITH THE INSURCANCE CLAIMS ADJUSTER: LEARN ABOUT PERSONAL INJURY INSURANCE CLAIMS AND INSURANCE SETTLEMENTS.
Stacey, most of us do not like to find ourselves on foreign turf trying to fight a battle with rules we never knew about. Thus, I can understand your frustration expressed as you did: "My dealings with the company have been extremely stressful and unsatisfying."
Why not learn a little about how the claims process works by doing a little reading before you wade into it and your stress will diminish?
Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
3. WHY NOT TAKE A SHOT AT MAKING YOUR OWN PERSONAL INJURY INSURANCE SETTLEMENT INSTEAD OF HIRING A PERSONAL INJURY ATTORNEY?
You seem to be adept at doing things yourself, seeking and asking on this forum, for example. As for whether you "need" an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages.
Why should you pay someone one-third of YOUR award to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.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
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
4. VALUATION COMPUTATION AND FACTORS THAT INFLUENCE VALUATION
Stacey, no valuation of your claim is possible with so little information. Valuation is not like going to a drive-in for a fast food meal. It takes time and study of many factors, including liability and medical records. The "rule of thumb" is just that: a gross estimate.
So, I have a short answer and I promise to give you the full, longer, more detailed answer if you ask me later, when you are ready to settle.
SHORT ANSWER: A common theme among those who still think a formula will put you in the valuation ballpark is to multiply the medical specials times a number from TWO to FIVE (depending upon factors, some of which I will give you later—or all of which are listed in the members' side of my website, www.SettlementCentral.Com). Then that figure is the total value of the personal injury portion of the claim. Of course there is a long list of factors to consider for adding or deducting from the total.
Here are just a few. Let's start with geography. Values differ from state to state, and within each state. City values are often different than rural values on claims.
Next, the seriousness of the injury, and of course, whether or not the injury can be proven by objective evidence (such as an MRI or a nerve conduction study), or whether the only proof is subjective (your statements that you feel pain).
Two more factors in your favor are:
(1) the social disapproval of the tortfeasor's actions, which in this case runs high inasmuch as we do not like people who run from accidents.
(2) the favorable impression of the plaintiff, which in this case is good, partially because you seem to give attention to detail and you are a responsible person.
Here are a couple of others that are considered:
• Your prognosis: will you have future care—permanency of injury or pain and suffering—or were you done treating 4 months ago? (Your claim value gets a boost if your doctor specifies that you will need some future medical care.)
• Your medical and claims history, prior accidents, prior injuries or treatment of the same area of the body.
• Impairment of quality of life: to what degree was your life and work disrupted?
• Quality and persistence of pain suffered.
• Quality and thoroughness of your medical records.
• Lost wages—the time you could not do your job because of accident injuries.
What does this all mean to you if you have no further pain and no further treatments? You have some pluses, as I mentioned above. Your claim should be settled in the higher range for this kind of injury. I would set a goal of getting $4,500 in NET general damages in my pocket if you are totally done treating and have no further problems. So you would have to demand something like $7,500 in "new money", that is, exclusive of the medical bills. BUT I WOULD LIKE TO SEE YOU WAIT, as I have explained.
LAST "SIDEBAR" TIP:
Communicate with the adjuster in writing, showing your own analysis of value. It is fine to speak over the phone, but have your 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.
http://www.SettlementCentral.Com
