HELP! I need help with determining the amount a injury ...

Posted: Mon Jan 04, 2010 07:13 pm Post Subject:

You never specified the cause of the injury. It could make a big difference

Posted: Mon Jan 04, 2010 07:13 pm Post Subject:

I don't think that is a bad starting point. I certainly don't think the claim is worth that much as it seems like a soft tissue injury. I'd expect the adjusters counter to be around $13,000.

Posted: Mon Jan 04, 2010 08:23 pm Post Subject:

He had injuries to the soft tissue of his neck, lower back, knee, and his fingers on his left hand. The injury was caused by a off center head on collision. His vehicle was then thrown across oncoming traffic and hit the ditch on the other side of the road. The lady who hit him claims she never noticed she was in his lane and she never hit the brakes.

He did have a concussion with severe headaches and nausea that lasted for about 10 days, he also had blood in his urine from the bruise to his kidneys. His physical condition was absolutely perfect before the accident but now he has aches and pains that are still there.

I have written a formal demand letter that includes information about his condition before and after the accident. I have letters from his employer for his lost wages and notes from his doctors who took him out of work for the 2 weeks. His job is very physical and he is only about 75% back to his normal production...which means that if they lay off he might be one of the first to go. It worries me and him (his blood pressure and stress levels are up) that this may affect his job performance for so long.

Posted: Mon Jan 04, 2010 08:27 pm Post Subject:

That info would certainly increase the wroth of the loss. There is no good way for anyone here to tell you what this loss is worth as there is always going to be information that is lacking. I think your initial demand is a good start. It's helpful to write a letter and explain what the injured person has suffered. It gives the adjuster a much better understanding of the situation.

Posted: Mon Jan 04, 2010 08:39 pm Post Subject:

My letter is 4 pages is that too much?

It lays out what he was like before, what happen in the accident, what he was treated for, what the he and the family has missed out on because he was not well (we were suppose to go to the beach the week after but had to use his vacation time because of the accident).

I went into detail with every medical bill and we had 1 other out of pocket cost for help that I had to hire to temporarily help run the farm while he couldn't.

I am really nervous about what they are going to say.

I have one more question should I Fax the letter with the rest of the info they want and send it through the mail or just fax it as a cover letter to all the other items they have requested?

Posted: Mon Jan 04, 2010 09:10 pm Post Subject:

while 4 pages is long, I don't think its out of line. The adjuster is going to read over the info and pick out the info that pertains to the injury claim but everything helps. I've received letters such as this in the past and they really help put a face to the person. An adjuster is going to be thinking, what would a jury think about this. A letter is going to show the adjuster what this person is going to say in court. many times adjusters just see medical bills and may not always consider everything that the person went through. The letter helps put some perspective on this.

Don't be nervous. I'd recommend trying to remove yourself a little emotionally from your husbands situation and look at it a little more business like. This might be difficult, I understand. It's a negotiation. The adjuster has no reason to get nasty or mean about anything, nor should they. You have your view, the adjusters has theirs. You make your argument for a _lot_ of money, they make theirs for as little money as possible. If you don't agree with their view, just let them know... don't take it personally. Time is on your side. If you hear what they have to say, you might make a counter demand and they might make a counter offer. If you don't like it.... don't decided right then about anything. Adjusters need to close claims. They don't want this claim open for a long time as it just means more work. So waiting while might work in your favor.

It would not matter if your faxed or mail it, unless they require some original signature or the like. You could fax and then mail it as follow up.

Posted: Mon Jan 04, 2010 09:29 pm Post Subject:

Thank you tcope!

My adjuster is nice, she offered us more money that we thought we would get for the vehicle, she offered full acv plus as the first offer. I just worry that they may use that against us now. :shock:

I will keep yall posted as to how it goes.

BTW my letter seems to come off as a professionally written letter according to the Clerical staff at my husbands work...will this work for me. I referred to him as Mr...... for the whole letter and not as my husband. He is wondering about that now thinking that they may think that we are pulling a fast one trying to represent ourselves as a lawyer. I think it makes us sound like we a educated and know our rights :lol:

Posted: Mon Jan 04, 2010 10:11 pm Post Subject:

Naw, handling the property damage won't affect the injury claim at all. That carrier might go by NADA retail value which can be more then many other carriers will consider. The adjuster might also want to keep a good working relationship by offering as much as possible for the vehicle. They don't want to piss the injured person off and then try to settle the injury portion of the claim.

Addressing him as Mr should not be a problem. If they ask, just let them know you were trying to be professional about the matter. Makes sense to me.

To be honest, I think you will do just fine. Many people don't take the time to write a letter and explain their situation. It goes a long way in showing that you are acting very business like in this matter. I understand the situation is personal, I'm not saying that it's not. But you are not just making some wild demand for the moon. You spelled out your position in writing and says a lot.

Posted: Mon Jan 04, 2010 11:36 pm Post Subject:

Good sound advice.

I see a lot of BI claims settling for approx 4 times medical so what you're asking for seems to be in line with what is the norm. Good luck with your negotiations. Remember, most companies really don't want to go to court with you...it's burden of cost they would like to avoid as much as you. Don't be afraid to negotiate for what you want.

Posted: Tue Jan 05, 2010 12:15 am Post Subject:

Thanks guys, you are boosting my confidence and i really needed that.

Thank you so much!