by Guest » Mon Oct 12, 2009 12:59 am
During my wife's 38th week of pregnancy, an uninsured motorist hit her causing damage to the car, but more importantly labor. After 6 hours of observation, the doctors admitted my wife indicating they'd rather be safe than sorry. After this incident and 38 weeks of standard labor, she was induced and had to have a C-section. Our daughter was born 4 lbs. 15 oz, but otherwise normal.
We feel we have an auto insurance claim here. Our agency has offered $2k, stress & anxiety. Frankly, this doesn't feel appropriate. What recourse do we have here? Is there a more reasonable amount? I've read anything from 8k and up. If we counter, what's happens next? Does the 2k offer go away?
Any help is appreciated.
We feel we have an auto insurance claim here. Our agency has offered $2k, stress & anxiety. Frankly, this doesn't feel appropriate. What recourse do we have here? Is there a more reasonable amount? I've read anything from 8k and up. If we counter, what's happens next? Does the 2k offer go away?
Any help is appreciated.
Posted: Mon Oct 12, 2009 09:07 am Post Subject:
Does the 2k offer go away?
No. It stays, rather I'd see chances of it growing to an acceptable figure. Just don't accept anything that comes your way initially. Wait and negotiate - they've agreed to pay for the stress and anxiety..what about the suffering concerning the labor and the health of your daughter?? Ask them to justify their offer and show them your cause by attaching supportive medical documents as proof.
Posted: Mon Oct 12, 2009 11:37 am Post Subject:
Our agency has offered $2k, stress & anxiety.
You mean your company's adjuster right? NOT your agent...Frankly, this doesn't feel appropriate
I don't think it is either. Have they requested (and got) your wife's medical records? Have they reviewed or even requested her OB/GYN's report? What is your UMBI limit?What recourse do we have here? Is there a more reasonable amount? I've read anything from 8k and up. If we counter, what's happens next? Does the 2k offer go away?
I'd want to know what your limit is..I further want to know what they are basing their 2k offer on...What would a doc report say? Would the doc report that up until this accident your wife had a healthy normal pregnancy, and that the accident CAUSED pre-term labor and the subsequent c section? If so, I'd not think of settling (probably) for my UM limit...also what state are you in? Has your wife had other childrend? What about those pregnancys and deliveries. Does she not have to have (most likely) c sections with any subsequent births?Posted: Mon Oct 12, 2009 03:48 pm Post Subject:
Thank you for the quick reply...here are some responses.
Lori, I meant the adjuster, not the agent...thanks for clarifying.
My coverage and UMBI limits are 100/300/100. I live in Illinois and the accident happened in Chicago.
This was our first child and the pregnancy was normal. She was actually on the way to one of her weekly visits during the last month of pregnancy. In the week's visit prior to the accident, the doctor informed us that we may be delivering after the originally scheduled 40 weeks.
The company's independent medical review board had requested & received the OB's records. Their conclusion was that the accident did not cause pre-term labor. The records indicate a normal pregnancy. What it appears that the board is holding to is that the blood pressure was elevated after the accident. This didn't decrease to an acceptable level, so the doctors were concerned of potential preeclampsia (sp?). Rather than risk anything, my wife was induced. Labor didn't progress fast enough, so an emergency c section was ordered.
As far as we're aware, and we're not doctors, the report would indeed indicate a normal pregnancy with no risk of preeclampsia.
Regarding subsequent births, she'll not be required to have a C section, but is much more likely to have one given that she's had one before. This is an area that I think has a cost associated with it. There's now a permanent scar, the trauma of having to deal with the surgery related to a c section rather than natural delivery, as well as the increased likelihood of c sections in the future.
Posted: Mon Oct 12, 2009 09:01 pm Post Subject:
I would ask for copies of the doc reports as well as the medical review reports...after reviewing those let us know what they say....
I agree, (if) the doc indicated that the accident caused the spike in her blood pressure, then it wouldn't calm back down (likely due to her stress and worry for the baby)...thus causing an induction, and subsequent c section....then you've got 'em...but I'm betting for whatever reason the doc report didn't say that. That's why you need to read it yourself. If they won't give it to you, (and they should)..then contact your doc, ask that they give you copies of EVERYTHING they gave the adjuster. Let us know what it says, it may just not specifically spell it out, and may be something you need to talk with the doc about...a question to the doc might be, ''suppose you were called to the stand, and asked about this...what would your response be?" You need to know where you (and she) stand medically, first before you can figure out what your next course of action should be.
Add your comment