Expert: Anne - 3/18/2009

Question
I read the article talking about demand letters and to ask for 3.2 times the medical bills for pain and suffering.  If the insurance has already paid the medical bills is that subtracted from the 3.2 multiplication?  This is an uninsured motorist claim to my own insurance in the State of Washington.

These are my numbers:
$13,000 in medical bills, non-chiropractic, mostly Physiotherapy, about 26 visits, and 16 massage visits.
PIP already paid $10,000 of it and has run out
13,000x3.2= 41,600
Do I ask for $31,600 since $10,000 was already paid?

The insurance told me that if I were to sue him instead that they would take his place in court and it would be me vs my own insurance.  Is that accurate?

Answer
Hello Mark,

well, no. There is not set on stone rule on how to settle this type of thing. It might be helpful to multiply your damages, but they are not bound by  any certain number (3.2 or 1.1 or 2, etc).

Remember that all settlement offers are inclusive of medical bills. If they offer 30,000, they will take away from the settlement the medical bills and send you 20K (the residual), unless they specifically tell you that this is money to your pocket.

If you decide to go to court against the person that hit you, the insurance company will have rights of intervention, step on his/her shoes, hire a lawyer, and defend. They would be bound by any jury award.

To learn how to negotiate your claim and/or how to settle, visit:
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

Good Luck
Anne