Expert: webfoot - 5/2/2009

Question
Webfoot after reading your profile I picked you because of your honesty. I was in a accident recently, when driving in a snow covered road. Another vehicle rounded the corner in my lane...I preceded to drive on the shoulder to avoid a head on collision. In doing this the back end of my SUV swung around to a 180 degrees and I hit the opposite ditch going the opposite direction. In doing so I went into a deep ditch and hit a large rock dead center. The other vehicle pulled over then left the scene. A police officer arrived right away and could confirm from the snow tracks in the road of the other vehicle coming into my land, pulling over and then leaving. The officer helped get my vehicle out of the ditch using my 4wd and insisted on following me to the hospital. Where I received treatment for seat belt burns(that is now scarring), and soft tissue injuries to my neck, chest, and back. There were visual bruises on my arms, knee and chest. The Insurance company came and totaled my SUV and settled for $9800.00 because there was 7000 damage plus engine, frame unknowns. I am seeing the Dr. one time a week and massage therapy two times a week. This will continue for a minimum of 6-8 weeks. These expenses are being covered by a pip on my policy. After speaking with myself and the officer the insurance is calling this accident uninsured motorist because I was not cited and statement from myself and the officer. The Insurance agent came to meet with me last week and would like to settle with me in the next couple weeks, even before my treatment is complete. Is this out of the norm? He stated because I am using my pip that a settlement has no affect on treatment. I am worried as I have been in treatment 5 weeks and am still having a consistent dull headache,jaw clicking/stiffness, occasional dizziness, back, neck, chest soft tissue injuries. I am a lot better than I was but am afraid to discontinue treatment in case I am doing better because of the treatment and ending it will worsen my pain/discomfort and I am afraid of possible not feeling 100% for a long time. I tell you all this only because I want to be honest about this and I want your honest opinion. I don't want to get an attorney, I just want to know from your experience is it ok to settle in the middle of treatment and what formula do they use for offers in the middle of treatment, and what would be a fair amount as I want to be fair as I expect to be treated fair. You may answer me confidentially if you like. I appreciate your advice and response.

Answer
I generally do not address bodily injury issues as my experience on that end of insurance is very minimal.
I cannot address anything regarding PIP as my state has no such thing and I've never handled a PIP claim.  If it is like what we call MedPay in my state, then it is a simple contractual policy between you and your insurer and does have limitations.  As it has limitations on the $$ amount paid out, I disagree with the insurers statement that settling the Uninsured motorist has no affect on your treatment.

Now, as far as the general question of when to settle, you will want to find out what the statute of limitations are on PIP and Uninsured Motorist claims in your state.  Any attorney will tell you this for free I'm sure or it may be listed on many websites.

As long as you are within the statute, I feel that you should not settle until you are darn ready to and should never consider settling until all treatment is done.

Good luck!