by shaks » Sat Apr 23, 2011 02:40 am
I was rear ended last year and got sandwiched between two cars causing damage to both ends of my car. I was traveling with my wife at that time who was 4 months pregnant at that time. We both were hurt, more so my wife and she has been through the back pain through out the pregnancy. My car sustained damages of about $5500, which my insurance company paid (the guy who rear ended didn't have insurance, so claim was treated as uninsured motorist).
My medical receipts come to about 3700 for myself and 3500 for my wife. The insurance company is willing to settle for me - 3500 + 2000 (pain/suffering), for my wife - 3800 + 2000(pain/suffering), which is about $11,300. Is this a fair settlement? I am more concerned about the pain my wife went through, as she was unable to take any medications (pain killers like brufen as she was pregnant and had to endure the pain silently).
Also, am I also eligible to get Diminished Value for my car? I live in California.
My medical receipts come to about 3700 for myself and 3500 for my wife. The insurance company is willing to settle for me - 3500 + 2000 (pain/suffering), for my wife - 3800 + 2000(pain/suffering), which is about $11,300. Is this a fair settlement? I am more concerned about the pain my wife went through, as she was unable to take any medications (pain killers like brufen as she was pregnant and had to endure the pain silently).
Also, am I also eligible to get Diminished Value for my car? I live in California.
Posted: Sat Apr 23, 2011 03:56 am Post Subject:
I normally don't comment on settle amounts as so many other things come into play. But in this case I don't think those offers are unreasonable for soft tissue injuries. Are these initial offers? If so, they could certainly go up. I'd say that you have very good arguments for increasing your wifes amount and I could certain see that increasing. Have those medical providers filed liens with your insurance company? If not then ask the adjuster to pay you directly. Before you settle (once you feel the offers are no longer going to increase) contact the medical providers and negotiate lower bills (if they have not been paid). Tell them that you need to pay them back but you need to have them reduce the bills in order to afford this. Most providers will reduce their bills in return for your promise to pay them within a certain amount of time.
Just a note... I certainly think your wifes pain and suffering amount should be higher then yours. You need to bring up the things that you mentioned here. Look to raise both amounts... then I'd continue on with getting your wifes raised even higher. If you went to court how is a pregnant wife going to look in front of a jury? She's going to be a very good witness on her own behalf.
You can ask your carrier for DV but usually the adjuster will tell you that you need to prove that it exists.
Posted: Sat Apr 23, 2011 09:18 am Post Subject:
I'd say that you have very good arguments for increasing your wifes amount and I could certain see that increasing.
This is quite true. You'll need to have good negotiation skills in order to achieve the right kind of settlement with your insurer. You'd also need to be sure that you have a clear picture when it comes to pains and sufferings.
Posted: Sun Apr 24, 2011 06:17 pm Post Subject:
Thank you tcope & steven. Appreciate your help!
Do you guys have any thoughts on how to justify increases in pain & suffering? What are the typical arguments people give in such cases?
Also, how does anyone prove diminished value? Would carfax, kbb etc prove it? Or is there something else insurance companies use?
I really appreciate the advice I am getting here!
Shaks
Posted: Mon Apr 25, 2011 07:29 am Post Subject:
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