by Guest » Mon Dec 17, 2007 10:58 pm
I was involved with a third party car accident. They are calling it a low impact accident since my car had $650 in damage. However, it didn't feel low impact and I was diagnosed with whiplash. I've been receiving treatment and my medical bills are approximately $4900. I'm in the process of trying to settle with the insurance company. I've been reading I should ask for 3 times my medical bills as a starting point. Should that include the payment of the medical expenses or not? What is a fair and reasonable settlement. I still have neck pain and I fly a lot for work which adds to the issue. I'm a supervisor for a multinational engineering firm. I'm never had an injury related car accident claim before and looking for advice.
Posted: Tue Dec 18, 2007 06:24 am Post Subject: Need some more info
I'm in the process of trying to settle with the insurance company. I've been reading I should ask for 3 times my medical bills as a starting point.
Hi Tro, can you explain the above mentioned point little more?
Posted: Tue Dec 18, 2007 06:53 am Post Subject:
I'm in the process of trying to settle with the insurance company. I've been reading I should ask for 3 times my medical bills as a starting point. Should that include the payment of the medical expenses or not?
My friend, the insurance company normally covers the expenses incurred during the treatment of the injury. It includes the costs earned in the doctor's visits, hospital care, emergency care, physiotherapy and so forth. You can also recover the costs of the supportive medical devises, like-crutch, neck brace etc., from the other driver's insurer.
Moreover, you are also entitled to collect the compensation for the pains and sufferings as well.
Posted: Tue Dec 18, 2007 07:10 am Post Subject:
If you have suffered injuries in a third party accident, you can recover the medical costs under the other party's bodily injury liability coverage , provided the other driver carries required insurance coverage.
Posted: Tue Dec 18, 2007 12:32 pm Post Subject:
Good morning Tro and welcome to the community...
A couple of things here...
I've been reading I should ask for 3 times my medical bills as a starting point. Should that include the payment of the medical expenses or not?
This was kind of an old rule of thumb that we used to use years ago, but really doesn't apply that much anymore...insurance companies use a variety of programs to get a ''range'' for an injury settlement...But to answer your question, generally speaking when discussing a Bodily Injury claim it is all inclusive, meaning if I said, ''we are offering 10k for your injury'' that would mean your bills too...unless, (and i always broke it down), the adjuster explains differently for instance, ''10k for your injury, 5k of which of course will go to pay your medical bills"...as to this statement..........
My friend, the insurance company normally covers the expenses incurred during the treatment of the injury.
If brian means they pay as you go, this is not the way that BI's are generally handled they generally do not pay a penney until settlement...(that may not have been what he meant i just wanted to clarify that point)...Do you have medpay on your policy by chance? If so medpay will also pay your bills..most states allow ''double dipping'' of medpay meaning you can collect under your medpay coverage and the BI coverage of the ''guilty party''
They are calling it a low impact accident since my car had $650 in damage
It's just the terminolgy...it would be considered low impact, but also depends on what that 650 was for...likely just a bumper cover and maybe an absorber?Oh dear, is this mostly chiropractic?
I've been receiving treatment and my medical bills are approximately $4900
If so I can just about bet that there will be a large reduction in this amount.I still have neck pain
Tro you shouldn't settle until this is resolved....A few questions...you injury is soft tissue only right? (whiplash)...what were the facts of loss? What state do you live in? Do you have any idea of your states min. BI coverage or what the other party has? Have you been put on notice of low limits? How long have you been treating or when was the accident?
Let us know and we maybe can help a little more...I'll be honest with you from the get go though and let you know that although I agree whiplash can be very painful...Settlement amounts for this type of injury with the amount of damage you discribe are not very high.....
Posted: Fri Dec 28, 2007 06:29 am Post Subject: Post shifted......
Hi pain in the leg, your post has been shifted to the following URL.
http://www.ampminsure.org/feedback/about3707.html
Thanks,
Lakemen
Posted: Wed Jan 02, 2008 07:10 pm Post Subject:
$4,300 was for Chiro and $600 for primary care physician visit and x-rays. All soft tissue damage, whiplash. Accident was third party, car hit another car and then me, pushed my car into the intersection, luckly I didn't get his a second time.
I live in MO, Unitran is the insurers insurance company.
Wouldn't it be a good idea to let the insurance company deal with the chiro to lower the bill, since I will probably only get the differential? Can I ask for that being a third party claim?
Posted: Wed Jan 02, 2008 07:22 pm Post Subject:
They notified me that it by letter that they considered the accident a low impact accident and the settlement would keep that into consideration. I've been treated for approximately 6 months, off and on. I have to travel for work, so I missed a number of sessions early on. I'm doing pretty well, but still have pain on long drives or flights. More worried about issues down the road, related to the pain.
Not sure how to figure out the insurers limits on their policy. I have their name, might have their insurance # on the accident report.
Are you saying the chiro bill will get negotiated down and then the settlement will be made, or vise versa?
Posted: Thu Jan 03, 2008 10:59 am Post Subject:
Are you saying the chiro bill will get negotiated down and then the settlement will be made, or vise versa?
The first one more than likely...just be sure and ask....if they offer you 7k ask them does that mean that I pay the chiro and all bills or are you all paying them and I get 7k on top of that? (doubt it would be anything close to the second)....More than likely your chiro has already sent the insurance company a lein against your settlement anyway...meaning they MUST be paid first from your settlement monies...then you get what is left over....Unfortunately in an injury such as your's the down the road stuff, is well your responsiblity if you settle....remember you do not have to settle this (until the statute of limitations is close)....so it's your decision...What they are telling you by the low impact talk is....in plain language, 'sorry guy but you don't have a big injury claim here...this is a low impact, therefore don't be thinkin' you've hit the insurance lottery'....that's a real crude way of saying it....but that's what they mean....juries too have come around to seeing that if little to no damage, most of the time the injury can't be as big as some claimants let on....(I've actually had zero structural damage, and rolling impact that i buffed the bumper cover off and people claiming all kinds of grave injuries...not that you are, but there are people like that, unfortunately a lot of them.)
Just be really really clear with the adjuster re: who pays the bills....
Posted: Thu Jan 03, 2008 02:51 pm Post Subject:
Correct, they do have a lien.
I asked how much a typical visit was for the chiro when I started and they said they give a discounted rate of $40 per visit. So, I figured that is what could be negotiated, however, I would rather have the insurance company do that.
Time and mileage cost are around $1,100, I figured the insurance company had to pay that as well.
Should I get a lawyer? I stopped treatment but my neck still bothers me. I stopped the first week of November. I was wondering if I should go back to the Chiro or my primary care physician and do some physical therapy. My guess is it will just get better over time, not sure additional therapy will help.
I live in Missouri, how long is the statute of limitation.
Can I make them pay the medical bills as part of the settlement?
Posted: Thu Jan 03, 2008 03:21 pm Post Subject:
Actually, they said they could only get me $1k since it was low impact. Obviously, I'm not going to settle for that. My time associated with the injury is worth more than that.
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