QuestionI was in an auto accident about 5 days ago. It was a head-on collision. I was
going about 35 mph and the man that hit me was going probably 40mph.
He came at me and in the blink of an eye my car was totalled and i was in
shock. i was trapped and had to climb out my car through the back.
Miraculously, I was fine, just a bruise on my knee. He was fine as well. I
woke up the next morning and my neck was killing me, i've had a headache
ever since. My chiropractor says i sustained some pretty severe whiplash. My
car was old, a 98 jeep grand cherokee. kelley blue book value of around
6500 dollars. I've been told that i'm entitled to pain and suffering and that
his insurance company will try to low ball me. I'm hoping you can give me
some idea of what amount i deserve to collect. This entire incident has been
rather traumatizing, but i don't know if i should walk away from this with
6500 dollars or 20,000?
AnswerHi Kristen,
Pain & Suffering payments are generally based on the total cost of your medical bills and lenght of medical treatment as well as the actual injuries sustained.
Unless you treat with the Chiropractor several times per week for several months, the amount of pain & suffereing you receive will be minimal. If you do not seek treatment it is assumed that you did not have a problem. With only one visit to the doctor they will likely only offer to pay the doctor bill plus $500 to $1000. If you run up $5000.00 in medical bills your claim may be worth up to $15000.00.
Unfortunately, you do not get much pain & suffering unless you are actually injured and require treatment. The best course of action is to do whatever your doctor says would be the best way to releave your pain and stiffness. You should not even discuss your settlement with the insurance company until all of your treatment is complete and you are released from your doctors care.
I hope this helps
Richard Hixenbaugh
