Expert: Anne - 7/21/2008

Question
Hi Anne,

Thanks for taking the time to answer my question.  I have been in multiple accidents within the past year.  I assume that the insurance companies begin to question why I've been involved in so many no fault accidents and possibly label me.  Thankfully I am still alive and kicking with all my limbs; however the injuries sustained in each accident were very painful and caused a lot of discomfort.  Cervical, mid/low back pain, arm numbness, and headaches.  I question if the offer I received from Statefarm for $4000.00 when my med bills alone total $7025.00 is because they are aware of the injuries sustained in the previous accidents.  Of course I am preparing a counter offer letter, but out all my accidents this is by far the lowest offer I've received and totally unacceptable.

Thanks for your response,

Candice

Answer
Hello Candice

It is very likely that State Farm knows of your past injury history and they are reducing your offer due to them. Their argument is that you were injured anyway, and they are putting you back in the position you were before the accident.

See it this way, if you were in X position before the accident, and after the accident you are in X + Y position, they will only owe you for Y. If X was injured because of other accidents, they want to leave you in that same position.

In theory, this sounds like good logic, however, the accident has interfered with your recovery. You in essence have become a “egg shell plaintiff.” They have to pay you for the diminished capacity and for delaying your recovery.

They will argue that they do not owe for the past injuries, which is true. However, the have to pay for your delay recovery and any additional injuries they caused. Consider consulting with an attorney about this.

Do not worry about being NOT at fault accident. None of them have been because of your negligence. Just do not let the insurance company use this to your disadvantage.

Good Luck,
Anne
http://www.auto-insurance-claim-advice.com