I recently was rear-ended and I'm not sure how fast they were going, probably not over 25mph and I was at a red light. About 30 minutes after the accident, I started having lower back pain so I took myself to the ER. The doctor said I had a lower back strain due to the accident and prescribed me vicodin and flexoril for the pain. About a week later, I went to another doctor for a follow-up visit and he took x-rays to make sure my spine was ok and it seemed ok, but the lower back strain was still causing a lot of pain so he prescribed a refill of the meds and took me off heavy duty work and told me to do desk work only, the problem is, my work doesn't have desk work at all so I have been home. I don't know how much to settle for other than the medical bills and my wages. How much should I ask for pain and suffering? I have been in pain and I can't do much more than sit and stand and even those I can't do for long without my back going into spasms. I'd appreciate some advice. Thanks!
2007-09-30 12:09:15 · 7 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
My Insurance is Progressive, and they are taking care of me with the repairs and are going to ask for that back from AAA themselves, the person is 100% at fault and I'm in California. My insurance is also allowing me to borrow against my $5,000 bodily injury coverage to see the doctors and get the meds I need. I'm not interested in a huge settlement, but I need ideas has to how much I think my pain and suffering is worth... is $1,000 too much??? lol.... it's how I feel. I'm working hard to getting to feeling better, but I don't want this claim to go on and on for a long time... I am out my wages and I have bills that are piling up!! It's getting scary. Is there even an option for a partial settlement? I never even heard of that before. Thanks AD.
2007-09-30 15:42:13 · update #1
You do not need an attorney to handle a soft tissue claim. If you choose to hire an attorney - keep in mind, his fee will be 1/3 of your settlement + expenses. As a rule, you may end up with more money in your pocket w/o the attorney by dealing with the insurance company directly. You can always hire a lawyer at a later date if you want to.
In general - insurance companies do NOT pay 3X the meds on a soft tissue claim - not even when there is an attorney involved. So go ahead and get the 3X meds idea out of your head now. Ain't gonna happen on soft tissue claim.
When I evaluate a bodily injury claim - the fact that there is an attorney has nothing to do with my value - the claim is worth what it's worth based on the injury. An attorney being involved just changes who I talk to and my negotation strategy. The settlement range is the same either way.
Once you have completed treatment- the adjuster will order your medical bills and records. You will have to sign an authorization form so that the adjuster can order the records.
The adjuster will consider what the treatment was, the prognosis, the amount of damage to your vehicle.
Don't get the crazy idea that if you run out and get a bunch of medical treatment you don't need just to run up your bills so your settlement will be bigger. Does not work that way. You risk ending up with an offer that is less than your bills and you will still be stuck owing those bills if you inflate your meds just to try and get a bigger settlement.
Get the medical treatment that you need to feel better and get well. Don't get greedy.
2007-09-30 13:48:56 · answer #1 · answered by Boots 7 · 2⤊ 1⤋
AD is right. If you want to spend the next 3-5 years trying to come up with a settlement...go for it. I would advise you take care of your back, follow Dr. instructions, and get better. You may want to talk to your Dr. about seeing a massage therapist to work your muscles, or a chiropractor to see if your spine and/or hips are out of alignment. You also might want to ask for a muscle relaxer, that will help with the muscle spasms. Using a heating pad helped me also.
If you are in a no-fault state....give up right now.
Insurance companies are not intimidated by someone telling them they are going to contact an attorney. They hear that every day.
I was in an accident and the other person was 100% at fault. Her insurance company was Progressive and they treated me completely fairly, and offered me a small settlement to cover any extra expenses I incurred.
Insurance is intended to put you back to where you were before the claim occurred. Insurance is not a get rich quick scheme. Society today is too quick to sue people when accidents happen.
I hope you feel better soon.
2007-09-30 15:01:45 · answer #2 · answered by saloon girl 4 · 1⤊ 0⤋
Look, if you ask a lawyer for advice what do you think he/she/it will tell you? SUE, SUE, SUE. Problem is, they will never step foot inside a courtroom. They will stall, put off, lie, twist and squirm for months and months and then settle days, sometimes hours before court -- usually for mere dollars above what the insurance company offered you. You now are out of ANY money until that settlement is complete and your scumbag lawyer will get at least 33% of THAT. To the law student that seems to think you will get 3 times the med costs -- grow-up. Insurance companies have dozens of lawyers and live in court. They are NOT afraid of some ambulance chaser. You sound reasonable and intellegent so I suggest you give it a try yourself. You can ALWAYS lawyer-up later if need be. A thousand dollars may be a resonable settlement but it really depends on how badly you are injured. Just keep a cool head, be reasonable and logical and NEVER threaten them with a lawyer. If you do, it's game-over. They will send the file to their legal dept and will come out fighting.
2007-09-30 16:35:53 · answer #3 · answered by Anonymous · 1⤊ 0⤋
here is the problem; you went to the ER and had a follow up a week later with another dr; both times you were checked out and given RX for pain; the doctor took you off heavy duty work and you are at home since no desk work available at your job;
if you are still in pain, go to your family doctor if you have one and the doctor can recommend addtional treatment if needed; the doctor may say it will take a few weeks to resolve by it self; or make other suggestions for treatment;
like the others said, you will not get 3 x meds; it wont happen for a soft tissue injury; if you hire an attorney and he tells you this, run as fast as you can away from that lawyer;
do as AD and cowboy states in their answer; we are all claim adjusters and have handled thousands of injury claims; that is the procedure;
if after you finish treating and the other company makes an offer and you feel is not enough, then "lawyer up"; but remember that amount since most likely after the lawyer takes his 1/3 plus expenses, your check maybe less than what the insurance company offered you originally; the lawyer will give you some kind of song and dance that they wont budge etc;
good luck
2007-10-01 04:08:52 · answer #4 · answered by lucy 7 · 1⤊ 0⤋
I was in a car accident back in may.. i was T-boned a the city police SUV suffered back injury as well i was told by my Dr. it was Muscle fatigue i was in pain for 3 months i have a lawyer and after reading every ones advice im not sure if having a lawyer is such a good idea .. smh
2014-07-26 17:48:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Wrong focus kid...
You should not be worrying about money at this point, your focus should be on getting healthy.
THEN you can deal with the cash issues, but you have no concept of how long it is going to take to heal or what those related expenses are going to be.
Pain and Suffering (P&S) is not something you can put a value on either at this date.. if you settle for $1 today.. but your back keeps hurting you for 10 more years then you shortchanged yourself.
Talk to an attorney for ADVICE.. not action yet.. find out such things as:
a) Timelines for filing a suit (so you don't wait to long)
b) Processes for getting your current bills and living expenses covered WHILE you heal but not as a full and complete settlement
c) Repair to your car (?)
d) re-training in case you can NEVER return to your old job.
things like that...
deal with the money later..
(and I hope you get better and feel better soon...)
.
2007-09-30 12:16:21 · answer #6 · answered by ca_surveyor 7 · 2⤊ 2⤋
I would not settle for than lest 3 times my Medical Payments. Rule of thumb. Been a Law Student for 2 years, and 90% of the slip in falls, rear end car accidents settle for 3 times the medical payments. Now if you had a operation or think there will be long term problems. This is the norm. The retraining the Guy before me talked about. Is nonexistent. You might get time off from work. If you have proof from your employment. But Insurance Companies have a formula they use and if you go outside of that formula 'good luck'. You will have to get a Lawyer then. Because they will lable you a fake and follow you around doing something you are not supposed to be doing. (bending, pulling, lifting, ect.) "Then it is insurance fraud". Get what you think you are owed. But don't be over gready. Because this is what they want you to do. So if you want more than you think its worth. You better get a Attorney. But get ready to fork over 1/3 of what you get total. Hope this helps.
Medical Bills, Prescription, Mileage (state Milege rembursement rate), Lost Wages, are a refundable.
But if you have still got pain, go see a Chiroprictor the add to your Medical Bills (3 X) also. More bills equal more money. Get the picture.
2007-09-30 12:18:40 · answer #7 · answered by David S 1 · 2⤊ 4⤋
Definitely get a lawyer! Now!
The lawyers office will take care of you.
And it will not be as frustrating or tom-foolery that insurance co. may do.
Best to you, hope you will be okay later, but it is obvious you are hurt and must have compensation, oh yes!
2007-09-30 13:12:08 · answer #8 · answered by Anonymous · 3⤊ 5⤋
Lawyer. Get a lawyer. I lost 6months work (and my job) due to some idiot who rear ended me. The sooner you get one the better. Save all your Dr.'s receipts, car receipts, everything. I hope you feel better soon. Spasms are the worst.
2007-09-30 12:20:13 · answer #9 · answered by mysteryperson 5 · 2⤊ 3⤋
talk to an attorney,don't just settle for what ever they offer you,most people settle for the money ,get an attorney,you may wind up with permanent problems from this,good luck and be patient,get a good attorney,they will get you what you deserve not what your offered,good luck.
2007-09-30 12:15:35 · answer #10 · answered by dodge man 7 · 3⤊ 5⤋