Auto Insurance Claims: Personal Injury Claim, trip mileage, personal injury claim

Question
QUESTION: I was in a car accident about 3 months ago in which I suffered a two herniated disc in the lumbar region.  The pain got so great it started to radiate down my legs.  The other insurance company has admitted there client in 100% at fault and has paid for rent a car and damage to my car.  On Doctors recommendation I have gone to twelve physical therapy appointment and still have a little pain in my back but it has stopped radiating to my legs.  My physical therapist has cleared me and said with further strength building exercise it will go away.  My medical bills are about $4300 dollars, what should I be searching for as far as a pain/suffering settlement and should I settle?  I am worried that the herniated disc could cause problems down the road.  Should I take that into consideration in settlement.
  
Thanks,
Steve


ANSWER: Hi Steve,
The adverse insurance company will not take your worries and concerns into consideration when negotiating a settlement.
You should hold off for a while and continue your strength building exercises and determine if the pain in your back completely goes away.  If not, you should consult your Doctor and have him prescribe additional physical therapy.
All states have a Statue of Limitations in which you must settle your claim or hire an attorney to file a lawsuit which will extend the statue, usually for one year.
If you reside in Tennessee or Kentucky, that limit is
1 year, most other states allow 2 years and a small few allow 3 or more.
You need to start building two identical files, each containing all your 'Specials'.  These are individual
copies of all your losses which might include Ambulance, ER visit, each Doctors visit, each Physical Therapy visit, Prescription Drugs,CT scan or MRI, any documented wage loss statements from your employer and your round trip mileage for every trip you made to receive professional service at $0.43 per mile.
Once you are 100% positive that you have fully recovered, then total all your specials, multiply by 3.2 and file a written demand in that amount.  Within the demand, you need to include a demand that they respond within 10-15 days.
By law, they must respond during that time with an offer or be guilty of "bad faith" claims practices.
Their first offer will be a low ball of probably 2.0 times your specials.
Now you have two firm numbers on the table from which to negotiate.  This negotiation process will last from one to several months.  They will slowly increase their offer and you will compromise by slowly lowering your demand.
A final settlement of 2.5 to 2.75 times your specials is considered a fair amount.
I trust this information has been of help, please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-06-07 4:00 PM PST

---------- FOLLOW-UP ----------

QUESTION: Is the 2.5 times my specials include my medical bills or is in additional to my medical bills.  I have been paying my medical bills through my own insurance.  I guess what I'm asking is after the other insurnace company agrees to pay my medical bills.  Do I then ask for 3 times that amount in pain and suffering or is that amount included in the total settlement.

Thanks again,
Steve

Answer
Hi Steve,
You are not asking the other insurance to pay your medical bills.  You are demanding a settlement for pain and suffering through the demand procedure that I discussed above.  Demand 3.2 times your total specials and expect to settle for 2.5-2.75 times your specials.
Sincerely,
Bennie