QuestionHello,I was just in an auto accident and would like to know if there are minimum amounts the insurance company's put on our life. for instance, we had an 81 year old man turn in front of us on a 65mph interstate stopping us in less than 30 feet. totalled my new car/his company has paid for it, my wife went in ambulance to have cat scan/ekg and other tests but is just bruised real bad. i went for x-rays for neck and one of my sons has a torn ligament in shoulder. we are going to be ok but not ever the same!! My Question is they have admitted to owe for pain and suffering but not how much! there were four of us in car and only three of us were hurt, will i be able to get my other son who wasn't hurt anything for emotional fear of cars and stress? thanks Tom
AnswerTom,
Insurance companies put prices on lives and injuries every day. Fortunately or unfortunately, that is the way claims tend to be resolved. The value of a claim is determined, generally, on an individual basis. Things such as out of pocket expenses, unpaid medical bills, lost wages, loss of future earning capacity and pain and suffering are some of the considerations.
The claim for emotional fear of cars and stress is going to be difficult. Not to say the insurance company wouldn't offer you something but it may be what they consider to be nuisance value. Also, may states such as mine, Florida, are no-fault states. This means your insurance company would pay your medical bills and lost wages regardless of fault for the accident. However, if you want to sue the person that caused the accident for pain and suffering and non-economic damages you need to sustain what a doctor considers to be a "permanent injury". The definition of a permanent injury varies by state.
Take pictures of the bruises and property damage and consider consulting an attorney depending on the medical treatment and manner in which the insurance company deals with your claim.
Thank you.
Marc B. Nussbaum, Esquire
