Expert: Richard Hixenbaugh - 5/21/2009

Question
Good Afternoon!  I was involved in a car accident in August 2007 in which I was not at fault.  Since then I have suffered from back pain and was referred to a massage therapist for the injury.  I saw the massage therapist 11 times between 8/27/07-10/1/07 and 11 times between 2/12/08-6/23/08.  The gap in treatments was due to my work schedule.  I continue to see the massage therapist today but am paying for the visits on my own.  I was offered a settlement from the responsible persons insurance of $770 to settle my claim.  The adjustor said that the amount was determined by the gap in my visits and that anything after 10/1/07 was being considered excessive and unnecessary.  I rejected the offer and was then offered $1,500.  I believe this offer is extremely low considering the number of visits that I have had as well as the fact that I continue to have issues with my back.  I did not have a pre-existing back problem prior to the accident. Additionally, these offers do not take into account my out of pocket expenses (rental car, towing and deductible) or the diminshed value of my vehicle. Can you advise me on whether or not this is an acceptabe offer and suggestions on how to handle a rejection?

Answer
Hi Gail,

You should not lump your claims together. These are tw seperate issues.

First, your injury claim should settle for 2 to 3 times the amount of your medical bills. The insurance company will likely not count the second round of message due to the gap in treatment. Their feeling will be that if you were able to go nearly 4 months without treatment, that you had recovered.

Second is the property damage. You should request a seperate check reimbursing you for your deductible, rental car and diminished value. The insurance comapny may require you to obtain independent documentation to establish the amount of your diminished value. If your insurance company paid for the repairs and is subrogating to be reimbursed, they will also be asking for your deductible and will send it to you when they get paid.

I hope this helps
Richard Hixenbaugh