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My Insurance auto accident settlement?
21 Apr 2010I was recently in a car accident where a Nissan truck ran into the back of another car that then ran into the back of me causing $2000 worth of damage to the rear of my infiniti. I received moderate whiplash to my neck and had to be taken to the hospital. I checked out without any broken bones and was prescribed medication.
I went to see a chiropractor and he has been working on my neck for a couple days which makes it feel a better. Im 100% not at fault and the insurance company has taken care of my car repair, rental, and medical bills. They ask me ” How much do I think I want for this accident” for pain and suffering.
I believe I am entitled to at least $3500-5000 for my suffering
I live in NC. I believe $5000 is a reasonable consider the circumstances. I could have lost my life, broke my neck and been paralyzed for life. Thank the lord that I received only a whiplash. The stress that I am undergoing, the constant pain in my neck is a reminder of the accident, which I feel fearful of driving. The time I spent recovering could have been spent enjoying my life. Besides getting behind in my school work, I am absent from my student organization at school which I am a key figure ( president AGC). I don’t enjoy waking up with cramps and headaches nor do I like to take prescription pills, and therapy. I don’t want to be compensation a insufficient amount that wont even cover pain and suffering I went though. It seems like you people are on the side of the insurance company and not the victims in this situation. I wonder if any of you have ever been in an automobile accident and if you have must share some sort of empathy of what I am reiterating.
No. I do not agree with the point you are trying to make. I think you believe I should suck this up and move on.. And the insurance company does OWE me whatever I ask for. I am a policy holderand WAS not at fault. I pay a premium for instances just as this. Insurance is ” what could happen” business. What happens to me 2 or 20 years down the road when I get older and I’m still facing pain. Will I be compenstated again..NO! I have a obligation to what is mine in my mind. You cant judge the seriousness of my injury nor can you predict my future health. $5000 is not the lotto that is a small amount to would I have to live with my for rest of my life. you are biased based on your 12 years as a adjuster.
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2 Responses to My Insurance auto accident settlement?
MSAD
April 21st, 2010 at 4:25 pm
They don’t owe you for what “could have happened” – they owe you for what did happen. A soft tissue injury.
No adjuster or court of law will pay you for “I could have died” “I could have been paralyzed” “I could have been hit by lighting” “I could have won the lottery” “I could have met and married Brad Pitt”.
See the point? The “could have” happened argument is complete cr@p and no one will pay you for that. Not an insurance company. Not a court of law.
So – you will get an offer based on the injury that you received and the medical treatment you received.
You are fearful of driving? Did you seek psychological therapy for that?
If so, did you drive to your psychotherapy appointment?
Last time someone argued that with me….I hired a PI to film him driving. You’re not going to get a whole lot of mileage out of that claim either. Again, unless you have medical documentation supporting your fear…not going to get anywhere with that argument either.
In general – a soft tissue claim is going to settle for 1000-1500 above meds. Usually no more than 1.5 – 2 time reasonable medical treatment.
As long as you get the medical treatment you need and don’t run up a bunch of unnecessary treatment in an effort to get a bigger pay day you should be fine.
“on the side of the insurance company?”
No. I’m an adjuster. I don’t know who you are or what company you have a claim with. Nor do I care. Your situation and your claim have no affect on me.
I’m just telling you the response you will most likely get from the adjuster handling your claim based on the information you provided. You can take what I tell you and do with it what ever you want ….including ignoring it all together. I’m not on anyone’s side. You posted on a public message board and I’m responding. I’m not an attorney nor is what I’ve told you legal advice. If you want legal advice – hire an attorney and pay him a large part of any settlement you get.
And to answer your last question. Yes, I have been in an automobile accident. I flipped a vehicle nose over tail – complete 360 – landing back on the wheels down a 10 foot drop. Rendering the vehicle a total loss. Granted….I was not hurt – did not require medical treatment – nor do I have a fear of driving as a result. So no, I’m not empathetic of your “but I’m afraid to drive” and “I could have died”.
Virtual Crogs
April 21st, 2010 at 5:25 pm
The insurance company doesn’t owe you whatever you ask for. In order to make a claim for emotional distress you need to see a psychologist and have it recorded as an actual condition. Adjusters need to justify every dollar they spend on a file, paying someone $XYZ just because they said “I’m scared to drive” with no medical reasoning is bad for the adjuster when that file gets reviewed.
Also, your doctors will be able to tell you if you’ll have problems 12 years down the line. If its a permanent injury, then P&S is worth more. If it is just soft tissue that will be treated and healed its worth less.
Insurance isn’t a windfall or a lottery, its designed to compensate your for actual losses. You’re surely entitled to some pain and suffering, no doubt about that; but a reasonable amount based on your actual damages.