Auto Insurance Claims: Auto Accident with 3 year old, 2nd degree burns, brand new car


Question
Hi,  

I have a 2-part question.  The first question is regarding myself.  I was involved in an auto accident about 2 months ago when a woman ran a red light. Airbags were deployed and my brand new car was totaled.   Also in the vehicle were my sister and 3-year-old daughter.  I suffered 2nd degree burns to both hands from the airbag as well as severe neck, back, shoulder and wrist pain for which I will be beginning physical therapy for.  My first questions are regarding the burns.  We were all transported by ambulance to the ER where I was told I had 2nd degree burns.  I followed up with my PCP the following week.  He agreed saying they were part 1st degree and part 2nd degree burns.  I asked about going to a dermatologist, but he felt it was not necessary.   My hands have since peeled and healed extremely well.  However, I still have pink and white scars on my hands.  I really have no idea how to document these, I've tried taking pictures and it doesn't show up well.  I also have no idea how much to ask for regarding the scars.

My second question involves my daughter.  She was seen in the ER as well as her PCP.  Both times, she checked out great, and I'm amazed at how sore I was, she seems to have escaped with nothing!  Although this is great, approximately a week after the accident, she became extremely clingy.  She's reverted back to wanting a pacifier, we now have had a really tough time with her going to school and other activities.  She now has horrible separation anxiety.  I've tried to get her to talk about the accident, but she doesn't talk much.  She has on many occasions said things out of the blue like "Be careful with this car" and "Watch out for that car" and when playing babies or with cars she'll say things like her baby was in an accident.  I've spoken with a therapist about her, who says to just try to get her to talk about it and possibly "play it out".. however this doesn't seem to be working.  She's extremely shy and I don't want to necessarily take her to a child psych. because I think that in itself would be traumatic for her.  I know that any money for her needs to go into an annuity, but how much do I ask for her when I don't have any real documentation of her behavior?

Thanks in advance!


Answer
Hi Kim,

I'm sorry for your ordeal.

As far as your injuries go, generally, a settlement will be anywhere from 3 to 8 times the total of all of your medical bills including physical therapy. The insurance comapny will not entertain a settlement with you until all of your treatment is completed and you have been released from the doctors care. The actual amount you should ask for will be determined by the amunt of medical bills, the actual diagnosos, the length of treatment and the prognosis and wether there are any permanant injuries or scaring. You will need to assembla all bills and treatment notes and then prepare a demand letter where you will describe your injuries, treatment, the total of all bills and the amount of your demand. Your demand wil include an amount for pain & suffering as well as any permanant scaring.

As for your daughter, this is more difficult because there is no actual treatment or diagnosis. The insurance company will likely offer verry little. Perhaps $500.00 to $1,000.00.

I hope this helps
Richard Hixenbaugh