by Conquer1 » Sat Nov 22, 2008 11:01 pm
I was rear-ended in my car while sitting at a stop light. The other car was going about 35-40 mph and ran right into my car. It has been determined that the other driver has no insurance, and that my uninsured motorists portion of my policy is handling the claim.
My company has already deemed my vehicle ('97 Honda Accord) a total loss, and paid me for the vehicle.
I was knocked unconscious at the scene (also awakened at the scene), taken to the ER where I was diagnosed with a concussion, neck sprain, and back sprain.
The accident happened in October of this year, and I haven't received any more treatment, as I feel reasonably well.
My total medical bills are about $3600. I also missed a week of work, and about $1000 in lost wages. The liability adjuster has offered me the $3600 for medical bills and $1500 for "inconvenience", for a total of $5100.
She says that she's not considering the $1000 in lost wages separately because there's not a "statement of disability" from the ER Dr. saying that I should miss a week of work.
This is her first offer, and I have not countered with any amount. Is her offer of reasonable, or should I ask for more? And if so, what are some thoughts on how much?
Thanks in advance for any input.
My company has already deemed my vehicle ('97 Honda Accord) a total loss, and paid me for the vehicle.
I was knocked unconscious at the scene (also awakened at the scene), taken to the ER where I was diagnosed with a concussion, neck sprain, and back sprain.
The accident happened in October of this year, and I haven't received any more treatment, as I feel reasonably well.
My total medical bills are about $3600. I also missed a week of work, and about $1000 in lost wages. The liability adjuster has offered me the $3600 for medical bills and $1500 for "inconvenience", for a total of $5100.
She says that she's not considering the $1000 in lost wages separately because there's not a "statement of disability" from the ER Dr. saying that I should miss a week of work.
This is her first offer, and I have not countered with any amount. Is her offer of reasonable, or should I ask for more? And if so, what are some thoughts on how much?
Thanks in advance for any input.
Posted: Sat Nov 22, 2008 11:06 pm Post Subject:
I'm guessing that the ER bill was not $3600 and that there was follow up medical treatment? If so, will one of those other doctors that you treated with be willing to confirmed that you should not have been working that week after the accident?
You should ask for more, in addition to the loss wages.
Posted: Sat Nov 22, 2008 11:19 pm Post Subject:
Yeah, the ER visit is $3600 total.
That includes the ER Doc, CT Scan, X-rays, reading of the x-rays (radiologist), the ER room, etc.
I had no follow-up treatment, and only seen in the ER.
People have told me that I should have seen another doc afterwards, but I've been feeling fine, and feel that it's just a waste of time, or just for the sake of upping the claim.
I had another accident last year where I was hurt much worse, and went to see a specialist, but I really don't see the need this time.
I do think that what she's offering is a bit low, but without going to another Doc, I don't see how I get her up to more than what she's offering.
Posted: Sat Nov 22, 2008 11:27 pm Post Subject:
First off, this is not a fun situation. I'm sorry you had to go through this. The good thing is you had UU coverage in place. At least your agent setup the policy correctly. It also sounds like they want to take care of you. Times like these are why you have insurance.
As for your specific question - is the settlement adequate?
Here are some thoughts...
Make sure you get all the medical bills. There could be a straggling specialist bill that could come in since it's only been a month. Also, the first of 3 numbers on your UU coverage is the amount available for your bodily injury settlement. I'm not saying try to get that amount, just that it's there if necessary.
Finally, you have to live with the decision. If you sense this settlement is fair after all the bills come in, then consider taking it. They seem to be treating you well from what you said. Regardless, consider the decision final. If I'm not mistaken, once you settle, you can't ask for more (anyone else can jump in on that one).
Sorry I couldn't be too specific on the numbers.
Posted: Sat Nov 22, 2008 11:28 pm Post Subject:
You may want to start off telling the adjuster that your obviously not a person who is trying to milk a claim for more money... as you sought very limited medical treatment. You knew some rest would help you get over a soft tissue injury just as well as $2000 in chiropractic treatment. As such, you certainly cannot loose $1000 in wages. You then might also ask the adjuster to increase the $1500 offer to $2000 in return for your agreement to settle. I'd work on the loss wages fist without committing to a settlement if they are considered. Once that is done, you can show the adjuster the light at the end of the tunnel by asking for $500 more. If the adjuster won't agree... tell her you will consider your options. If you can, give it a few weeks and see if she will settle for an additional $400 instead of $500.
You can change these numbers if you want but I think $1500 for a $3600 ER (diagnostic work) bill is fair. But I don't know that I would accept the adjuster not paying for 1 weeks loss wages. You could have _easily_ run up additional medical bills to total more then that amount.
Posted: Sat Nov 22, 2008 11:53 pm Post Subject:
Thank you both for your responses.
I have similar thoughts, tcope. She and I both know that I can easily rack up more doc bills and get a bigger settlement. But, that's not what I want to do, and I think she could consider that in her settlement.
I think not considering the wages that I lost is a little unreasonable.
I was thinking about asking for my week of lost wages with an additional $2500, plus my medical expenses of $3600.
Posted: Sun Nov 23, 2008 01:56 am Post Subject:
Is her offer of reasonable
no,or should I ask for more?
yes...I would go right back to the ER where I was transported, maybe call first to see when the doc that saw you will be there...I can all but guarantee he will write something up for you, and are you sure he didn't? most time when they send you away from the ER there will be a note about returning to work or returning to your primary physcian...I'm with T on this I think her 1500 for pain and suffering is fair, but you need to find a way to get your loss of wage...to the adjuster these are considered 'specials' or 'actual' bills so needs to prove to her boss there is a material loss...I had to deny plenty of loss of wage claims too without a doc saying basically, 'mr. jones cannot return to work for a week'...again I think you can get this documentation, or if you have a primary doc talk with him or her about writing this up, or even your boss, saying you were not allowed back to work untill you were feeling 100%...aside from the loss of wage, I think your adjuster is in the ball park...and she does have another few hundred in pain and suffering she can pay, I'm sure she offered the bottom of her range.Posted: Sun Nov 23, 2008 02:28 am Post Subject:
Lori, thanks for the response. I'll go see if I can get something from the ER Doc.
Well, if $1500 is the bottom of her range, or close to it, what would you assume the top of her range would be?
Am I hoping against hope in trying to get $2500 for pain and suffering in addition to my lost wages?
Posted: Sun Nov 23, 2008 11:04 am Post Subject:
Well, if $1500 is the bottom of her range, or close to it, what would you assume the top of her range would be?
depends on the company and how they few this i would think minimally 2k, max 3kAm I hoping against hope in trying to get $2500 for pain and suffering in addition to my lost wages?
I think you need to concentrate on getting that loss of wages first, not even discuss your bi settlement untill you figure out a way to get that included, THEN and only THEN renegotiate your suffering settlement making it VERY clear that is what you are doing...other wise she is liable to come up with addl 1k or so, but your loss wages will not be in it.please do let us know your outcome, and also if you have any additional questions we can help with..
Posted: Sun Nov 23, 2008 05:21 pm Post Subject:
Thanks.
I plan on speaking with her on Monday, and once we come to a settlement, I will definitely let the outcome be know.
Thanks again.
Posted: Mon Nov 24, 2008 09:34 pm Post Subject:
Well, she's not budging on any of it.
She says that the $1500 is including part of the lost wages. So even if I get a statement of disability from the ER, she says that the $1500 won't go up much because she included part of the lost wages in the $1500, although she's not saying how much.
So, basically if I can document $1000 of lost wages it might go up $500 to $2000. So then pain and suffering is $1000 that she's not willing to budge on.
I think this is unreasonable, but I would love to hear what others think.
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