Expert: Bennie719 - 2/27/2008

Question
QUESTION: I was in an accident in June of 07 that was clearly not my fault.  The other driver had no insurance so the claim is on the UMC of the insurance which I am named on.  My question is: Once I make a settlement figure can I increase it if I find out I was way to low on my figure?  I was told that settlement can be usually 3 times the medical, which in my case would be a figure of $30,000. (the adjustor told me there is no such formula) I only asked for 15,000 for pain and suffering and she thinks that is way too much.  I have since then read the book "Auto accident personal injury insurance claim" (How to evaluate and settle your loss) and found that my figure could be between 24,000 and 48,000!  The accident really messed up my back and neck; I have maxed out the PIP and still need treatments.  They say because I have some existing conditions (I didn't know I had) like arthritis that it goes against me and is the cause of my now pain. I had been seeing a chiropractor before the accident at least once a month to keep my body in alignment. This also provides before and after x-rays.
She started with 7,000 and is up to 9,000 but stated she would go no further.  I believe I have a solid case and can back it up with narrative reports from the chiropractor, doctor, and massage therapist.  Can I change my figure or do I need to stick to the 15,000?


ANSWER: Hi Patrice,
The adjuster was honest in her statement that there is no "formula" for settling an injury claim.
Each claim is judged on it's own merit, based on type and severity of injury, type and cost of treatment, pre-existing medical conditions and whether the injury will require future treatment and/or have a long term impact on your lifestyle.

Since you haven't accepted a settlement yet, then yes, you can increase your demand to any amount that you desire.

You stated that your claim is against the uninsured motorists portion of your policy.  The legal wording of that policy states that you can not file a lawsuit against your own company.  If you can't reach a settlement amount by dealing with the adjuster, then the claim will be settled through binding arbitration.
At any time, the adjuster can state that $$$$ is her final offer and you can accept that amount or she will send the claim to arbitration.
If the claim goes to arbitration, that will necessitate your hiring an attorney who will charge a minimum of 1/3 of your settlement.
If your claim reaches that point, you will have a tough decision to make and should probably have a consultation with a personal injury attorney to determine if the offer is reasonable.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: Bennie,
Does it make a difference if it is not my insurance?  I am named on my cousin insurance as a driver of her car when I was taking care of her son. Thanks for your help.

Answer
Hi Patrice,
Since this is not a 3rd party claim, but a claim against the company that insured the car that you were driving, and you were listed as a driver on that policy, you are considered an 'insured' and you must abide by the policy's legal language.
Bennie