Expert: Claims Guy - 3/30/2009

Question
I was rear ended with little damage to my car. The driver was arrested for driving on suspended license and followig too close. I drove from accident to hospital.  I currently have $4500in medical bills with more to come through, &700 in auto repairs and lost wages of $1308.  However, in addition, I was relieved from my contract with my employer due to my time out from the accident.  I am still in daily pain and have mri,etc scheduled this week.  The persons insurance adjuster is wanting to meet to offer "medical benefits" only. I should be entitiled to compensation for my lost wages and loosing my job, shouldnt I? I had a contract agreement with 40 weeks remaining.  Also, compensation for pain and suffering since my shoulder and neck pain are taking taking a toll on my day to day activities and causing me much pain and does not allow me the usage of my shoulder as it did prior to this accident. How do you estimate or calculate compensation for a lost job and for pain/suffering? Am i entitled?

Answer
Evaluating an injury claim is a very subjective process.  The adjuster tries to estimate what a judge or jury would award if the case went to trial.  His/her 1st offer will be in that range, but not likely his/her final offer.  You can probably negotiate for more.

However, the fact that the damage to your vehicle is minor indicates this was not a significant impact.  The adjuster will likely question the severity of the injury considering this.  So will a judge or jury.  So this reduces the value of your claim.

If this was not a factor, your claim value would include medical bills, lost wages, and pain and suffering.  But the minor damage is a major factor and negates much of this.

If you cannot come to an agreement on what what your are entitled to, you can hire an attorney to file a lawsuit.  But the attorney will take 30-50% of your ultimate award, and you run the risk that the judge/jury won't believe your injury is as severe as you claim.  You could end up with less.