How should I handle a settlement on whiplash?
- Friday Nov 27,2009 05:03 AM
- By diddy
- In Others
In January of 2009 I was in a nearly head on collision. The driver at fault was going way too fast and lost control. I was treated by the emergency room (00) and by my chiropractor for six months (00). I still have some issues and lots of anxiety behind the wheel. I finally was able to get all of my bills paid for last month, but the insurance company has not offered a settlement. What should I do and how much should I expect in settlement?
Anxiety, Chiropractor, Emergency Room, Head On Collision, Insurance, Insurance Company, Lost Control, Six Months, Wheel, Whiplash
5 Comments
The insurance company will do whatever they can to not pay. They are stalling, hoping that you forget all of the ways that this cost you. Write it all down! Include how much these injuries could cost you in the future.
Get a lawyer, but dont trust the lawyer too much. The insurance company could try and bribe the lawyer with money on the side, if (s)he can get you to settle for a smaller amount. If you suspect that this might be the case, find another lawyer who would be willing to take over. The new lawyer will take care of firing the old lawyer for you.
IMO, 5500, 2500 = 8000 + give or take a few expenses = 9000
To get more, you would need to sue the insurance company for emotional distress and anxiety.
However, the cost of doing so is about 25000 for the lawyer fees.
Expect what you paid out for the expenses but I highly doubt any more.
It wouldnt be worth it to sue, UNLESS these problems have led you to miss work.
then……suck them dry!!!!
First, chiropractor is not considered covered unless you have medical records to back up that need. Second, try to get 9-10k, but take 7-8k at the least. Don’t accept their first few offers. And always make a counter-offer to get the most you can. As far as what to expect, if they don’t accept chiropractor as treatment, they’ll probably offer 6k. If they do accept chiropractor, they might offer 8,500k or they may offer somewhere in between. If you’re worried about when or if they’ll offer a settlement, call the adjuster.
No settlement will be offered or paid until all of your medical care is finished. If it is now finished, they may contact you to find out "what the traffic will bear". If they haven’t contacted you and since a pain and suffering payment is not an automatic thing you must communicate to them that you expect a further payment. If they don’t contact you, you must contact them and file a claim with them for pain and suffering. Keep in mind that to win anything for pain and suffering, you must have had pain and you must have suffered.
You have medical bills totaling $8,000, of which $2,500 is actual treatment, since the ER bills would be a lot of diagnostic treatment; ie; xrays/labs, possibly an MRI or cat scan due to the high cost.
Insurance companies look down at chiro treatment and don’t give a lot of weight to it. There is a tenancy to over-treat with chiro’s. Many companies may look at 3 to 4 months as the standard time to treat for whiplash AKA sprain/strain.
Several considerations. 1st they will need to get your medical records from the hospital and the chiro to review your "actual injury". Once they review, they will make an offer that should include the cost of your medical bills plus pain/suffering. When they make an offer, you can accept or reject or counter-offer what you feel is owed.
Also, in some states unless you suffer a serious injury, they would owe nothing for pain/suffering.
ie; permanent impairment, scarring, loss of limb etc.
whiplash does not qualify as a serious injury.
You can hire a lawyer, but they will take 1/3 of any settlement and most insurance companies will pay the same with a lawyer vs w/out a lawyer. And no we don’t pay lawyers on the side, that is illegal and would subject a insurance company to shut down.
Everyone in Y/A can give their opinion of what this is worth, but we don’t have your medical records or know the state where you live to determine what you are eligible or not.
Also, if you live in a state where the minimum limits are $10,000, they can only pay up to the maximum and that is it.
Wait and see what they offer. good luck
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