QuestionI wrote to Dr. Settlement earlier in the month. Here is the previous post:
Expert: Doctor Settlement
Date: 7/11/2007
Subject: settlement offer, is it fair?
Question
The insurance company has offered $1000 for settlement and told me she could only increase it to $2000 after I told her I thought it was unfair.
I was rear-ended by their insured driver in Feb. 2006. I was sitting still when the other vehicle hit my vehicle (she was also sitting still and then accelerated because she said she thought traffic was moving again). I received physical therapy 2x per week until May 2006. I have also seen a doctor monthly who evaluates my condition. He has released me from his care effective today (7/11/07). The total medical expenses are around $3500. The diagnosis is:
thoracic sprain and strain, sprain and strain of lumbosacral (joint) (ligament), neck sprain and strain, unspecified musculoskeletal disorders and symptoms referable to neck.
My 7 year old daughter was also in the vehicle and her medical bills totaled about $700.
I really do not know how to proceed from here. Many people have told me to call an injury attorney but I haven't wanted to do that since I thought I could handle it.
Any advice will be welcome. Also, do you feel their offer is fair? How can I gage what is a fair offer?
Thank you.
Answer
Hi Alice,
It is hard to know what is a fair offer or not. And that is even if the client is sitting in front of me and I am reading her medical reports. Plus, if I sent you to any other attorney for her opinion, chances are it would be some ways off from mine.
It is an art, not a science, and there is a need to judge the client and her doctors.
BUT, having said all of that, and without holding me to anything on this wild guess, even $2,000 in your pocket seems a bit on the light side.
I say that because you had good medical care, and you sustained some significant soft tissue injuries. Those injuries will continue to bother you off and on for years as you do more physical activities.
Can you honestly say that you are back to pre-accident condition? I did not think so.
And what would happen if you got into a lot of summer physical activities with all of the strain on your body?
Are you willing to let that go for $2,000? No, I did not think so. Hence, you now have defined the value of your claim: in essence, it is what the victim and the adjuster can agree it is, OR what a jury says it is worth.
Have you sent in an injury claim demand letter http://www.settlementcentral.com/page0170.htm
Take a look at some ideas that can aid you in preparing to take the initiative in this process. I have given five steps to insurance claim settlements http://www.settlementcentral.com/page0014.htm
And don't forget that you have a special duty regarding your minor child insurance claim http://www.settlementcentral.com/page8017.htm
What to do now? I would first respond IN WRITING to the offer and tell the adjuster that it is clearly insufficient for your injuries and you wish to take the time to see how the injuries impact your work and summer. Then I would read as much as you can and take control by sending out your own demand letter. In your case, ask for over $10,000 IN ADDITION to the medical bills. Those are serious injuries.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
I wrote the demand letter and it is as follows:
Dear Ms. XXXXXXXX,
After careful consideration, discussions with several professional individuals with knowledge and expertise in insurance and settlement matters, I have come to the conclusion the offer you made for settlement in the amount of $2000.00 is clearly insufficient for the injuries I sustained in the automobile accident caused by your driver on February 6, 2007.
From what I have learned in a short amount of time, patients who have significant soft tissue injuries generally have reoccurring problems for years to come. One study indicates only 12 of 43 patients fully recovered after a period of ten years. Residual symptoms were intrusive in 28
nd severe in 12. Of these 43 patients studied, 88 were involved in a rear-end collision (as was I) and 48 were wearing seatbelts (as was I).
According to my doctors, I have sustained some significant soft tissue injuries. According to my doctor and other professionals, I am not and may never be back in the same condition as I was prior to the accident. Part of my diagnosis includes the following descriptions: thoracic sprain and strain, sprain and strain of lumbosacral (joint) (ligament), neck sprain and strain, unspecified musculoskeletal disorders and symptoms referable to neck. There is a high probability I may experience long lasting problems with my neck and back for years to come.
Not only has this accident caused me extensive pain and suffering, I have been inconvenienced by taking time off from work to go to the doctors, finding child care for my daughter while I have been at the doctors, finding someone to pick my child up from school during the school year, wear and tear on my automobile for the trips to and from the doctors, and the cost of the gasoline for my automobile. In addition, the accident has interfered with my ability to perform my normal household duties and affected my ability to interact with my family as I did before the accident.
I have had considerable pain and suffering as a result from this accident and continue to suffer from neck and back pain. I demand settlement of my claim in the amount of $15000.00. Please respond to this demand with an offer to settle within 15 days.
You may respond to me by mail at: XXXXXXXXX or by fax at: XXXXXXXXXX.
Thank you.
Sincerely,
I received a response in writing yesterday stating they cannot meet this demand. She said I needed more documentation and she was still firm with her offer of $2000. She also stated I originally demanded $5000, which is untrue.
While on the phone, she insisted I 'throw' her a number. I told her at one point that I could take no less than $5000 because I felt my injuries were worth more than her original offer of $1000. Where do I go from here? Should I hire an attorney? I have requested copies of all medical statements.
Thank you.
AnswerHi Alice,
I'm sorry you are having such a rough time.
Unfortunately, I do not have much that I can add to your previous answer from Dr. Settlement or the steps that you have taken so far.
You must keep in mind that the insurance company has absolutely no interest in properly compensating you. There only interest is to settle the claim as cheaply as possible. To that end they will delay the process, try to make it seem more difficult and costly that it has to be and will try to belittle you in the process. This is all by design and is meant to wear you down so that you become frustrated and accept a smaller settlement than you are entitled to.
Based on all of your previous attempts and information, I would suggest that I may be a good time to begin interviewing attornies.
I hope this helps
Richard Hixenbaugh
