Expert: Ron Cercone - 7/28/2009

Question
In January-2009 I was involved in an automobile accident.  The driver of the vehicle that hit me, crashed into the rear of my vehicle and he was traveling at a speed of about 40 mph.  The other driver was totally at fault for this accident and the police officer issued him a citation for the accident.  I did not believe that I was that injured at the time the accident occurred, but a couple of days later, I did seek medical treatment.  First, I was treated at an urgent care facility, then followed-up with my primary care physician, who then referred me to an Orthopaedic physician who prescribed treatment included 5 months of physical therapy.  The damage to my vehicle was minimal and was repaired.  My medical bills totaled $7,273, Lost Wages of $477 and Mileage and Miscellaneous Expenses of $114.  Therefore, my total expenses were $7,864.  I have been released from my physician and treatment, but I am still not at 100% and I was told that I may have some re-occurring pain and soreness for up to a year.  I do not have an attorney and decided to try and settle this claim myself.  However, after having my first discussion with the other person’s claims adjuster (Progressive), he as significantly undervalued my claim.  My initial offer was $35,000 and his counter offer was roughly $6,720.  He said he was only allowing about $5,193 for my medical expenses because my treatment should not have taken 5 months.  He said it should only have taken 2 ½ to 3 months.  Then the remaining amount of $1,527 was for my pain and suffering.  I told him that this was insulting.  I could not believe that he was not even willing to cover my total medical bills.  I went back to him with a second offer of $25,000 and again he said no.  I know that this is his job, but I also know a little about insurance claims.  I know he is trying to get me to offer a really low amount like $10,000, but I believe that amount is too low.  I am trying very hard to settle this claim without having to get an attorney.  Do you have any suggestions or advice that can help me?  I really appreciate any help you can offer.  Thank you.  

Answer
Hello Crystal,

1. Try the ebook at www.autoaccidentclaims.com.

2. Get your best offer in writing, then look for an attorney who will work on a contingency fee based on any recovery "over and above" what you were already offered on your own. Only 1 in 20 attorneys will do this, so you have to search. If no luck, get the attorney to put in writing that you will be guaranteed the amount offered you, so his fee won't reduce your settlement offer. Make him work for his fee.

Don't sign a release at this time