Me and my fiance were involved in an auto accident where the other driver was completely at fault. This accident happened over 2 1/2 years ago. I was pregnant at the time and my fiance had to have surgery and 6 months of therapy to rebuild his shoulder. We lost all of our income for 7 months. His medical bills and lost wages exceeded 100 thousand $. Now we are trying to settle and the insurance company offered to pay the medical bills,lost wages plus 5,000 dollars "pain and suffering" We are not trying to be greedy here but it seems like nothing compared to what was messed up by the accident. Our lawyer seems so non chalant about it. My fiance asked about the 3x the medical bills for pain and suffering and our lawyer told him it was a myth and not to expect more than what the ins. com. offered the 1st time. Does this seem fair...I'm seriously considering getting a 2nd opinion from a different lawyer...anybody been through the same kind of thing...what was the end result? Thanks!
2006-08-23 08:51:11 · 8 answers · asked by butterfliangie 2 in Business & Finance ➔ Insurance
We are not trying to make a "profit" off of it...but I had to basically be a caregiver to a grown man for 3 months while I was 7 -9 months pregnant...His doctors say he has permanent disability in his right arm/shoulder that could definitly cause probs later in life (we were only 23 when it happened) Not to mention we were financially set until this happened and when my daughter was born we had to borrow money just to buy the nessicitiys needed for her.
2006-08-23 09:31:39 · update #1
Our attorney isn't offering any advice and the policy limit is $500,000 per person so $5,000 did seem silly to me
2006-08-23 12:01:38 · update #2
No...it doesn't include lost earning potential
2006-08-23 14:56:53 · update #3
Okay this is what you do. First keep in mind any insurance company is going to try and offer you the most ridiculouse lowest amount possible to keep their losses low. So of course you ALWAYS turn the first couple of offers down from the insurance company, counter offer with what you think your lost wages and damages are at. It's good you know the policy limit because the insurance company isn't going to pay more than the limits. Since you are making a claim against the policy you have to PROVE your claim. If he lost over 100k in lost wages, you must prove that. To do that, prior pay stubs showing his prior salary up to the date of the accident. Then doctors notes requiring your husband to stay home from work. Since he had surgery, this shouldn't be hard to get this. If you had to take off work for your husband, see if your doctor can get you a doctors note saying your husband had to be cared for, for whatever days you had to take off work. Then you should be able to be compensated for you lost time at work. I have been through this type of claim before, it happened to be a fatal accident but the at fault party only had $25,000 in coverage. If you want to ask me more questions I can let you know what you need to do. Aarontimmins@gmail.com..
2006-08-23 18:48:36 · answer #1 · answered by atimms 1 · 0⤊ 0⤋
Lawyer is trying to get a quick settlement so he can get paid for doing next to nothing. (Assuming it was on a contingency)
The insurance company is probably willing to pay more but not some magic figure like 3X the medical bills. Make sure any and all long term losses are considered, like hubbies shoulder unless totally healed, document and permanent damage.
If nothing else ask for 10k pain and suffering and see what they say.
2006-08-23 16:03:11 · answer #2 · answered by Larry T 5 · 0⤊ 0⤋
Does the 'lost wages' portion of the offer include 'lose of earning ability' from the disability in the arm? If not, $5000 pain an suffering sounds low to me as well. If it includes a reasonable allowance for reduced income potential, it may be fair.
2006-08-23 21:16:07 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
don't take what the insurance co offered, get an attorney...i was just on a jury and the woman who was hurt only had a possibly fractured ankle and went through 6 months of physical therapy...the jury against my opinion opted to pay her the medical bills plus over 6 yrs of the possibility of lost wages...this woman was not pregnant nor did she have any of the injuries you described in fact she a a pretty bad drug problem that made her minor injury worse. the man who was at fault didn't have problem paying but this woman say $$$$$ signs and went for the gold...bottom line, because of one of the jurors who had a vendetta against all insurance companies held us up for three days refusing to compromise one of our other jurors was elderly and not feeling well by then...he wanted the injured woman to get close to a million dollars but we finally settled for 190,000.00 sad but true the rest of us were held hostage and the judge said we had to make a decision. you could get way more than a million thats for sure.
2006-08-23 16:00:37 · answer #4 · answered by sammie 1 · 0⤊ 0⤋
Has your attorney made an attempt to find out what the policy limit is? And is he recommending you settle?? He has been in contact with the carrier, I'd think that he'd have some feel for it.
But $5,000 pain and suffering is silly, unless that's the entire amount left under the liability limit.
2006-08-23 18:37:10 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
With permanency involved I would ask for $100k and negotiate down from there. Make sure you can justify it with documentation, even if it means you typing out the pain and suffering experienced.
2006-08-23 16:51:00 · answer #6 · answered by Sal G 4 · 0⤊ 0⤋
Your not supposed to be making a profit off of it. Why should the insurance company give you anymore?
2006-08-23 15:58:20 · answer #7 · answered by Michael M 1 · 0⤊ 1⤋
get another opinion, $5,000 pain and suffering isn't enough
this just isn't fair
I'm all against giant jury awards but this just isn't right
2006-08-24 01:40:39 · answer #8 · answered by Loollea 6 · 0⤊ 0⤋