Expert: Richard Hixenbaugh - 5/15/2009

Question
i was the driver in an auto accident. the other driver was cited for "failure to yield right of way" my vehicle was totaled and property damage was $7100. medical damages were $6600. this is a third party claim. property damages have been settled for $7100. i was treated by a D.C. and a D.O. the claims representative has drastically reduced the medical billings of both the chiropractor and the osteopath. the new reduced billings are approx. $4500. are you familiar with the florida office of insurance regulation ruling against Allstate for not divulging how they value claims. cite: Allstate Floridian Insurance Company, et al., vs. Office of Insurance Regulation, Case No.: 1D08-275, Lower Case No.: 91774-07; In the District Court of Appeal, First District State of Florida. in conclusion, how would you value this claim?

Answer
Hi John,

As best I can tell, the case you cite is related to insurance company solvency in the state of Florida. Tn that case,it appears that Allstate was requested to produce certain documents and according to the Department of Insurance, did not do so. As a result the Department issued a an order effectively cancelling Allstate's certificate of operation, which allows them to conduct business in the state of Florida. Further reading indicates that, Allstate did eventually comply with the request for documents and to order to cancel their certificate of operation was lifted. As a result Allstate was able to continue in business as it had before. So it appears that the case you cited has nothing to do with anything remotely close to your situation.

It is a usual practice for insurance companies to to have "independent reviews" of medical records. These reviews are done for the sole purpose of reducing the medical bills.

Generallly speaking, a soft tissue injury will settle for 2 to 5 times the total of the medical bills, depending on the severity of the injury. By reducing the medical bills they have effectively reduced the possible settlement range.

If is not possible for me to specifically evaluate the value of your claim. This can only be done through a detailed review and analasys of the entire medical file.

If would appear that under the circumstances, your best course of action would be to hire a personal injury attorney.

I hope this helps
Richard Hixenbaugh