QuestionQUESTION: In Nov 07, an uninsured truck driver hit my car. The driver was issued a ticket and showed proof of insurance (which was found later to be invalid). The car was totaled and I was sent by ambulance to the hospital for overnight stay. I was off work for two weeks with head and shoulder injuries. I was in physical therapy for a month. Also was treated for depression for two months. I have fully recovered. My insurance company has been great. They paid for the car, and will pay lost wages and all the medical including therapy and prescriptions. The car was only valued at 2500. The medical bills totaled 8200. They have offered 2200 for pain/suffering consideration. Is this reasonable?
ANSWER: Hi Barb,
The pain & suffering should be at least equal to the amount of the total medical bills and in some cases up to 3 times the medical bills depending on the severity of your injuries.. In addition, you should coordinate any settlement with your insurance company because they are also to be reimbursed for any expenses thay have paid out if you are in a state thet requires that.
There's a great website that can help you put a value on your claim; www.collisionwizard.com . It is produced by the Better Business Bureau Video Series. For only $19.99 it will allow you to enter all oif your medical bills and other info and will provide a proper settlement range. It will even help you write letters to help with the negotiations.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: I may not have been clear enough stating that my auto insurance company is picking up the full tab (under my uninsured coverage 250000/500000) including pain and suffering consideration. My health insurance is involved and as long as my insurance company pays for all medical, the health insurance company is happy. I do not want to ask for too much for pain and suffering but I do want to ask for an amount that is fair and reasonable. My auto insurance company is offering 2200 for pain and suffering considering. Again my medical bills totaled 8200. My auto insurance company has also asked if I would like to be part of any legal action they may take to try to recover damages. That may be a carrot on a stick as I may have to engage a lawyer to play with limited payback. I would appreciate your thoughts. I have been with this company for more that 25 years and they have treated me very well. Thanks.
AnswerHi Barb,
Thanks for the explanation.
Regardless of the fact that you are being paid from the uninsured motorist coverage on your policy, you have a right to be properly compensated for your loss. You should still utilize the website I referred you to www.collisionwizard.com to determine an appropriate range for your settlement. Even though it is your insurance company, they are at this point acting as the insurance company for the person who injured you. As far as you participation in any law suit, if thing go that far, your insurance comapny will provide any legal representation that is needed. You will not have to hire an attorney. You will only need to appear in court to testify as to what happened.
I hope this helps
Richard Hixnebaugh
