Auto Insurance Claims: Pain & Suffering Ejected in Vehicle Crash, pain meds, couple visits

Question
Hello,
      My daughter was a passenger in an automobile accident almost 2 years ago. The accident happened due to the fact that the driver (her now ex) did not stop at a stop sign. She did not have her seatbelt on and was ejected 15 ft out of the truck. She was taken to the hospital and released with no broken bones. It happened a day before her 18th birthday she is now almost 20 and still has pains in her back. She only went to the doctor two times after the wreck. She is a tough kid and hates going to the doctor. She was prescribed pain pills and muscle relaxers which she does not like taking she weighs about 115 and hates the way they make her feel. So she takes over the counter pain meds when she hurt hot baths and lays in bed. The adjuster says since she did not go to the doctor chiropractor then her injuries were not that severe. Her hospital bill was around $23,000.00 and a couple visits to doctor and ambulance bill all included totaling around $ 26,000.00 The adjuster said they will pay her medical bills and give her $5,000.00 for pain and suffering. She still has fears getting into a vehicle, small scars about her body, no feeling on the top of her knee and back spasms. My fear is that after the impact of her hitting the ground she could have problems from now on. I just don't know if it is a fair offer. The adjuster said that he has been doing this 15 years and that since she did not have her seatbelt on if we got a lawyer the jury would not likely give her more than the $5,000.00 and she may get less.He said If she had went to the doctor or chiropractor more then her pain and suffering would have been documented thus giving her a higher settlement. We are just not sure which way to go as we think the offer is far to low however have no idea how to put a $ amount on what she has and still is going thruough. We feel blessed that she is alive, the last accident he had he killed a woman and agin it was his fault... Please give us some advise on how and which way would be best.. Thank You in Advance!!

Answer
I think the offer is quite fair based on the documentation of this claim so far.  It is actually pretty generous.

However, i would recommend that your daughter go see an orthopedic surgeon to see if there is something going on with the knee or spine.  The problem is though, at this point, even if the doctor finds something significant, it will be difficult to relate it to the accident because of the gap in medical care.  A jury might question whether something happened in the interim.  

But once you see the doctor, you'll at least have more info to make the decision.  An attorney will take between 25-50% of your award if you go to trial, and you never know what a jury will do.

If you choose to forego the doctor, the offer is very fair.