by Guest » Wed Oct 07, 2009 06:09 am
I was in a rear end collision on the interstate. I had to suddenly slam on my brakes while in rush hour traffic and the driver behind me slammed into me at full speed (approx 60mph). My car rolled once or twice and was totaled. She was found to be 100% liable. I was relatively unharmed except for a sore back. Went to the ER just to make sure (not via ambulance). No major injuries were discovered but my back pain progressively got worse. 4 days later I had to see a chiropractor b/c I was in major pain. I also receive rehab and therapeutic massages. Treatment lasted for about 3 months. When I was released I felt fine but since treatment the pain has come back. Not as bad but its there. Probably something I’m just going to have to deal with. Their insurer just made an offer and will cover all of my medical expenses (approx $13K) but are only offering me $3K for pain and suffering. I felt this is too low and told the adjuster that I do not accept their offer and will be speaking with my lawyer. Before I get my lawyer involved, is this a reasonable offer? Should I accept and move on or seek legal counsel?
Posted: Wed Oct 07, 2009 10:35 am Post Subject: fair or not
they have to pay all of the medical bills. so they are not really doing you any favors there. But 3,000 fair... I think not. Most personal and or accident attorneys only get paid when you do. So you will not be out any money for contacting one and getting their advice.
Posted: Wed Oct 07, 2009 11:44 am Post Subject:
So you will not be out any money for contacting one and getting their advice
Not necessarily true. If the OP retains an attorney, assuming the standard 33.3% contingency fee. In order for the OP to to get the same 16k you've already been offered, an attorney will need to get nearly 25k..that's for the OP to get your same 3k (after med bills)...so to be worth the time and effort, and mostly cost, do you think an attorney will be able to get your offer increased to say 26k? (10k more than their offer that's on the table now?). If the attorney is successful (which I doubt), you would only be netting an additional 1316.00.....It's of course up to you, and no one can tell you what your claim is worth. There are just too many variable, pain tolerance, location, life style, general health, prior injuries, etc. I will tell you that in my experience, (and for my area) for a soft tissue injury this sounds about right, or maybe even a little high. I'll also tell you that, the adjuster would've come up with a 'range' for your injury, they would (duh) make their first offer at the bottom of that range. So if i were you, I'd negotiate the BI claim myself, (I wouldn't want to give my money to anyone unless I absolutely had to!) and probably go back with a counter offer of 18-20k, (total), and then settle some where in the middle...Of course, it's always your call. Just remember with an attorney you will need to figure that whatever he/she gets as a settlement you're only getting 66.6% of that total, (dependent of course on the contract you sign)Posted: Thu Oct 08, 2009 06:49 am Post Subject:
Thanks for the advise, I was actually considering going back to the adjuster and negotiating what I thought was fair but I wasn't sure if that was even an option on my own.
Posted: Fri Oct 09, 2009 11:07 am Post Subject:
You're welcome...and of course it's an option! :wink:
Posted: Sun Nov 08, 2009 03:38 pm Post Subject:
Did your trip to the ER include an MRI? X-rays alone do not show injuries to discs. I had the same problem with pain after my accident. After 8 months of continued pain I finally had an MRI which showed cervical spine damage. Make sure you are fully recovered before you settle.
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