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Compensation for pain and suffering in car accident?
I got in an accident last September. My car was totaled and I had some whiplash. My car issues were settled back in October but I've been seeing a chiropractor ever since. We are finally done with that.
I talked to my guy at State Farm today. State Farm is my insurance person, All State was the other person's insurance (it was their fault, not mine). The State Farm guy said that I should settle my claim with All State since my chiropractic care is finally over, and that I should make sure I get a fair settlement for my time and pain.
Well, this is the first anyone had mentioned that to me so I hadn't given it a thought. I would love to get a settlement if that is standard in these situations, but I have no idea what to ask for. Has anyone had a settlement for something like this? What do you think is fair?
I'm off to a meeting in a few minutes so sorry if I end up posting and running...
Re: Compensation for pain and suffering in car accident?
My sis was in a car accident recently and started going to a chiro because of it. I believe she did some research and asked for $3K to account for gas/time spent driving to chiro, chiro charges itself and general discomfort. The insurance company offered her $500, which didn't even cover cost of chiro, sis threatened to take to court and company settled on $1300, cost of chiro and then some.
Definitely worth investigating/filing
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All of my medical expenses were covered, so this would be more pain/maybe psychologically related. Also gas and time spend. I missed a day of work and some hours here and there for appointments, but there was no loss of income because I'm salaried and have a ton of sick time.
I had probably around 15 or so appointments so it was at least 15 hours of my time, plus some discomfort. I have no major psychological effects but I do hate going into intersections now
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I don't want to be one of "those people" and would be fine with no compensation, but if it is available I would accept it as well, KWIM? I have some things I'd like to pay off/savings I'm trying to build!
Sorry about the accident! Even if you aren't a "sue-happy" kind of person, it might benefit you to talk to a personal injury lawyer, they can give you a good idea at least of what a reasonable settlement is. If they do go to work for you the insurance company usually settles for a relatively high amount and the lawyer generally takes 1/3 plus expenses. If you don't go with the lawyer, you'll have a good idea of what to ask the insurance company for.
If you don't want to go with the lawyer, call the insurance company and tell them you are willing to settle the claim for 2,500 or 3,000 (or anything you think is reasonable) and see what they say to you, if they say no, tell them you will just have your lawyer contact them. That usually makes them cut you a check ;-)
Good Luck!
Ditto to the poster who stated it's no longer 3x your meds. This is true. The adjuster still needs to evulate your case with your meds included- doesn't matter if they were paid under health insurance or if you have PIP/Medpay that paid them- but make sure you check to see if either your health insurance or your PIP will want reimbursed if you get a settlement from a third party- sometimes they have subrogation rights, sometimes they don't.
I would look at your total medical bills, and come up with what you feel is a reasonable offer- maybe 2x or 2 1/2x your meds, also did you miss any time from work, that can be included as well- just make sure it's documented by your doctor that you could not work and by your employer. Always start high, but be willing to come down- it's a process dealing with the insurance company, you will go back and forth.
This. Also, some states may not even allow you to collect for "pain and suffering" unless you have a permanent injury, loss of a body part, etc (Florida is one of them). I would just talk to Allstate and say you're ready to settle your claim...see what they say. They may offer you something that your happy with and then be done with it. It's hard to say what's reasonable because I do not know what state or venue we're talking about. For example in Florida I'd say your case could range from $0-1500 + outstanding meds since you say everything was resolved and you do not have any residual complaints.