Expert: Richard Hixenbaugh - 2/24/2009

Question
Hello Mr. Hixenbaugh,

On 13 Jan 08, I was traveling with my 5 children, 9, 8, 7, 4 and 3.  While stopped at a light my GMC Savana van - Unit 4 was struck by Unit 3, who was struck by Unit 2, who was struck by Unit 1 (Mr. Roberts).  Units 1, 2, and 3 were cited for failure to give the assured cleared distance, however Unit 1 was liable.  The accident caused $607 in property damage which was paid by Mr. Roberts Insurance Company.  The police report shows Mr. Robert was at fault.
Since I was the last vehicle the Insurance Company is calling this a “low impact” accident although their insured car was totaled.  Initially nothing was wrong, but 2 hours later I was in excruciating pain (neck/shoulder and lower back).  I went to the ER on a military base and was treated.  I followed up with a regular doctor and was given additional medications for pain as well as a referral to Physical Therapy.  The PT helped my neck/shoulder, but not my lower back.  I was referred to Pain Management and was given epidural steroid injections in my lower back which helped to relieve the pain.  I’ve been getting these injections every 3-4 months for the past year.
   
I was medically discharged from the military in 2005 due to low back problems.  I had been working hard to get better so I could finish my 3 years, but the accident have me back to square one.  The Insurance Company reviewed my records and stated I had back problems prior the accident and normally there’s no soft tissue damage in such low impact accidents.  

I missed 256 hours of work.  Since I wasn’t working the bills mounted, I was afraid of losing my job, I was unable to help with my 5 children and eventually I fell into a depression.  I saw a Psychiatrist and was treated for anxiety and depression. Medical bills totaled $3858, lost wages $4308 and travel expense to treatments $550.
I demanded $36,000 which included all medical expenses, lost wages, and travel expenses.  I requested $27,282 in pain and suffering.  The Insurance Company countered with $2365 medical expense, $4308 lost wages, and $1000 in pain and suffering.  I was appalled at such a low ball offer.  I spoke to the Claims Manager and he insinuated I may have coaxed the doctors into exaggerating my injuries. He also stated they would not pay any travel expense because I would have had to pay for gas to get to work.   A lawyer will get 33% which would leave me with $24,120.  1) Should this my next offer?  2)  I’m realizing $36,000 is extremely low due to all the stress my family and I have been through.  My back isn’t healing and if I’m unable to work I’ll lose my job.  If I file a law suit can I demand more than the $36,000?  Any information you can give me would be greatly appreciated.
 
Thanks,
Dwain  

Answer
Hi Dwain,

The impact to your vehicle was very minimal. Your back issues were pre-existing. Even though the accident may have caused a flare-up it will be hard to get a jury to award $63,000.00 considering the above factors.

This is a megotiated process. You asked for the moon and the insurance company responded with an insulting offer. Now you must lower your sights and make a counter offer that is lower than your first. If the insurance company does not then come back with a reasonable offer then you may want to speak with an attorney. Try to cut a deal with the attorney that says he can have 40% of what ever he collect in excess of what you have already been offered. 60% of something is better than 100% of nothing.

I hope this helps
Richard Hixenbaugh