05_ScionTC

Lets see, it was about in October that i was rear ended at a stop light by this girl paying no attention, screwed my back bumper up and also gave me and my passenger some pretty back neck pains ( severe whiplash)
as the doctor had called it, so I went to massage therapist, doctors visits, chiropractor, physical therapist a couple of times and have spent numerous hours and days and months dealing with all of these appointments.

Here's a list of it all:

-All of my doctors visits added up equals roughly 2,100 dollars
-Total mileage driving everywhere equals 250 miles all together
- Total time spent dealing with all my trips equals 3 days worth
- And I'm still dealing with figuring out the settlement process which i told him 3 months ago i am ready to settle finally

I am not 100% good but the doctor said I'm 98% and would be fine if i wanted to stop, I've done lots of research and stuff about how to go about a settlement claim and whatnot and I asked for 9,200, somewhat fair for all I've been through and I'm not
trying to be greedy and i know I'm not going to get exactly that, but the insurance guy wont budge from his 1,280 counter offer, and I'm just wanting some input from you guys on here about what you think my claim is somewhat worth and what i should do??

Anything is greatly appreciated! Thanks and sorry for the essay here lol

___

JROK_TC

keep going & take it to trial . your chiropractor has to prove that you have permanent damage to your spine or else you have no case .

i'm in the same boat . and everytime i go to my chiro , my back hurts ;] so don't settle for a ____ty 1280$ counteroffer . because you know damn well your back still hurts .

vettereddie

Obviously seeking legal advice on an internet forum should be followed up by something professional, like a lawyer. Can your insurance get involved, since they already have lawyers and it's not you vs. big company? Isn't that the whole point of personal protection injury coverage (mine is up to $300k, $1280 seems like bs).

if it goes to court I would think they would want a) proof that the accident caused the injury (given by the doctor? b) expected treatment and recovory time and cost and c) any damages the lawyer may assign. Document all of your costs to date. I would think that lost wages from not being at work because of appointments, fuel costs for transportation and wear and tear on the vehicle would factor in. For us when we use personal vehicles for business, we can claim $0.48 per mile for combined gas and wear and tear.

If you come away with just the 1280, you may at least be able to claim the medical expenses on your taxes, tough you'll also have to claim the settlement as income I believe.

landark

iTrader: (1)

If you have bills for $2100, they owe you that at the minimum. The rest is "pain and suffering" or inconvenience and can be very subjective.
We were told not to base the settlement on the damage to the car as some people walk away from roll overs and some people have a lifetime of pain after a minor accident.
I am not going to give you advice, but what I will do is tell you to examine the cost of getting a lawyer vs. what you could potentially get in return. I know a lot of times we would offer more before the lawyer than the person got after paying legal fees.
You are definitely owed for your actual bills if nothing else, so you need to make sure you have a copy of everything to send to the insurance company.

Incidentally, what company is this?

05_ScionTC

thanks guys, and yes i have every record to date of all my visits and how many miles it took me to get from each place and how much time spent talking on the phone with all these different insurance people. I am also going to each place i have been to have them give me a write up of my visits and to tell me that i am better but that i still sustain injury to my back and spine. and yea theres no way im settling for that cause i have done alot of research and talked to a friend who is still ongoing with her stuff and what i am asking for is actually pretty reasonable. I wrote a letter and sent it and he said his offer still stands which shows hes not negotiating or budging any right now but im gonna stand firm and if i have to i will threaten him with an attorney which i know they dont want to happen.

JROK_TC

actually , an attorney should've been your first step dude ..

Mouse

Along with the comment just above here that getting an attorney should be a first move... certainly not a bad idea. Insurance companies dont honestly care about people whatsover, they are blinded by the all mighty dollar...and would rather step on someone's head just to get across the street than to risk getting their shiny shoes dirty.
When you approach them about you getting an attorney. Don't do it in a threatening manner. Just simply say that since they weren't willing to offer a fair settlement upfront, then you will simply get legal representation to stand up for your rights. That's just IMHO...Im not an attorney or anything but I have been around the block a few times and seen what Ins companies will do to people.

05_ScionTC

well i was just going off of what my uncle told me to do and first go through and if the first claims guy doesnt budge then go to his supervisor and if he doesnt budge then you hire an attorney to figure it all out then. I dont know, thats just what i was told anyways but your guys's opinions help though too. he keeps saying for this type of claim 1280 is a fair amount and the very first day i met with this guy he said righ tnow if i wanted to settle he would offer me 900 for it but i told him nahh i wanna see the chiropractor and stuff first before i settle.and 1280 really isnt much more than that 900 plus all the crap ive had to do..hate dealing with dumb insurance companies!!

06sciontcnda704

iTrader: (1)

10k

05_ScionTC

well i told the guy 9200 already, which i shouldnt have but guess thats what i gotta go with now..

nutterxbutter

i say just get a lawyer u should be cool cuz it wasnt ur fault that that accident happen im in the same position right now and my lawyer is trying to do the same for me

05_ScionTC

how long have you been at it fightin it back and forth??

LordWayback

Are you in a State that requires insurance, what did you do after the accident did you get straight to the hospital? Because if you didn’t seek medical attention In the vast majority of cases you won’t get any reimbursement if you did go straight to the hospital did the other person have At least liability insurance let’s say it’s a $10,000 settlement the cheapest lawyer fee I’ve seen was like $7,000 which would come out of the settlement if your case went through you could sue for injury + related costs and lawyer fees and if you went straight to the hospital got a diagnosis directly relating to the accident you’ll probably win the case after due process but there’s no guarantee you’d win especially if you didn’t go to the hospital immediately.

___