My wife and myself had an accident a couple of months ago and we are now finished with treatment. We both recieved whiplash , neck pain , and lower back pain. We both still have some days, where our necks feel tight and some lower back pain. Will the adjuster just give us money for pain and suffering or do we have to ask for it ? Do you still get paid for your medical bills if your health insurance has already paid the bills ?? If, you have had a meeting/phone call with an adjuster .. please let me know how easy/hard that was. I hear you get about 2 x 3 times what you medical bills were .... is that right.
Well thanks for reading and thanks for the answer.
2006-11-16 06:54:45 · 7 answers · asked by TR 1 in Cars & Transportation ➔ Insurance & Registration
in Texas /////////////////
2006-11-16 10:07:21 · update #1
First of all, there is no formula for bodily injury settlements. If you are entitled to pain and suffering (you didn't say where this happened and yes, that matters) the adjuster should tell you that. But even if he doesn't you should ask for it. Also whiplash and neck pain are the same.
I can't really tell you what this is worth, I don't know how long you treated and other information that is necessary along with where this happened. Just determine what you think it is worth (don't be greedy and get 3x your medicals out of your mind, no one pays that for whiplash claims!) and ask for it. Usually when your bills have been paid by another source you can't claim them again, but this varies by state.
2006-11-16 09:19:37 · answer #1 · answered by Chris 5 · 2⤊ 0⤋
It depends on the state that you live in. Not in the State I live in.
I reside in a No Fault Accident State....That means that all parties get compensated for medical treatment and repairs to the Automobile. The automobile at Fault, the Driver....is accessed an Insurance surcharge for 6 years and that surcharge appears on the person driving record. The driver of the No Fault automobile must satisfy a $2,000.00 minimum in medical bills.
Pain and suffering is not compensated by the Insurance company, per se. Neither the Insurance company nor the adjuster can determine a dollar value for Pain and suffering, lost wages and other incidental charges and costs.
Consult with an Attorney with a specialty in settling Auto Insurance Bodily injury claims
The attorney will need all of the Medical records and associated costs and expenses incurred as a result of the accident..Example: Cab fare costs to and from the doctors, etc.
Photos of the accident scene or photos of your damaged vehicle will assit the attorney in Settling the claim with the Insurance company.
If you and your partner are still having pain from the original accident, then the Doctor may have released both of you too soon. Addition Medical treatment may be required.
Under no circumstances sign any waiver for any Injury from the Insurance company.
If you were the Not at Fault Vechile, you should have consulted with an attorney during the first week of Medical treatment. It is Late, but not too late.
Good Luck...................... Billy
2006-11-16 15:36:16 · answer #2 · answered by Mav 6 · 0⤊ 1⤋
You asked "How do I ask . . ."
That is precisely the right question.
You call the adjuster and say "Hi, nice day we're having, eh . . ." "Say, my wife and I seem to be getting alot better and aren't going to be getting any more treatments for the injuries we sustained in the accident. We'd like to get our final settlement and be on our way."
The adjuster may have some questions, but will probably make an offer.
At that point, say "That seems a little skimpy for all we had to go through, I was hoping for more like (double the offer) because I wanted to settle right now rather than get a lawyer and file a lawsuit and everything."
The adjuster will ask if you will sign a release for the "double" amount.
Just say "Yes." And you're done.
2006-11-16 15:18:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Why do you think you'd get paid money, if your insurance has already paid the bill? You don't win the lottery and get paid because you were in an accident. If you still have pain, you should discuss with your insurance company for ongoing treatment of your injury.
2006-11-16 15:17:32 · answer #4 · answered by Barry 3 · 0⤊ 0⤋
You don't ask an adjustor. you have to bring suit against those that caused the wreck. Getting two to three times what your medical bills is a crock and completely unrealistic of you to ask for. The person already had to pay damages to your vehicle and medical billing leftovers and any pain and suffering by days missed from work(this is the only thing courts look at) and they don't deserve to be taken for all they have due to a mistake.
2006-11-16 14:59:23 · answer #5 · answered by espressoaddict22 3 · 0⤊ 1⤋
You need to ask for it and NO you will not get three times the med bills. Get serious.
2006-11-16 19:15:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
get with their insurance company and tell them if they dont want to back sue
2006-11-16 15:46:22 · answer #7 · answered by justme 3 · 0⤊ 1⤋