QuestionHello, and thanks for any help. We live in CO. I will try to keep this brief. Wife, 2 yr old son, and I were rear ended while stopped at a light by a F-350 going in excess of 25 MPH. His insurance accepted full fault. Police report was filed and we have a witness name. Unfortunately, at the advice of the at fault insurance company's initial adjuster (and being ignorant) we saw only a chiropractor. The insurance paid to have our car repaired (2500.00)and for a rental car.
We treated with the Chiro for 4 months, 20 sessions each. We rehabed ourselves through exercise, food, etc. in addition to treatment. Wife and son are fully recovered, I am pretty close. Total chiro bills were approx 14K.
The "final offer" I've received from the insurance company is approx. $6800 for pain and suffering for all of us. I negotiated they pay all medical, which they reduced to usual and customary, in the vicinity of 11K. So, the chrio got most of their bills, and we get about 7K.
Is this fair? I told the adjuster I expect at least 1 times the usual and customary bills, but she is firm in the offer. I also said I may consult an attorney. We do not want to go that route just for some money. I really just want between 8500 and 10K. The adjuster has actually been very helpful, professional, and straightforward. Thanks again for any help.
AnswerHi Jason,
Negotiating a bodily injury claim is as much about strength of will as it is the meritts of your case. You should do all negotiating in writing. Send them a written demand letter outlining all of the pain and inconvenience this has caused to you and your family. Stress the disruption of your lives and having to each go for treatment 20 times. Then demand payment of about $25,000.00 to cover the actual medical expenses, pain & seffering, inconvenience, disruption of life, etc. Always request that they respond to you in writing with any offer they wish to make.
When they make you a counter offer you will then have to counter as well. Each time lowering your demand by a little. The process can take anywhere from a few week to a few months. The more you are willing to hang in the, the more valuable your claim becomes. At some point you will rach a reasonable compromise and tyour claim will be settled.
If at any point you feel the adjuster is just not being fair you can hire an attorney. Just remember that an attorney will do the same thing and will tale 33% of what ever is collected. So you should keep that in mind when you are negotiating. Even if an attorney was able to settle for the full $25,000.00, after his fee you would only be left with $16,750.00 and that would include the $11,000.00 in medical bills that would have to be paid out of the total. The $6800.00 plus the $11,000.00 in medical bills is $17,750.00. So you are already behind by hiring an attorney and thats assuming he is able to settle for the full $25k. Of course it is possible that an attorney may feel the claim is worth more but you would have to discuss that with him or her.
I hope this helps
Richard Hixenbaugh
