Expert: Richard Hixenbaugh - 8/4/2009

Question
I was involved in an accident at no fault to me.  The other driver decided to make a right turn from the left lane while I was in the right lane.  Smashed my whole Driver's side.  My husband, two children(8 months old and 8 yrs old) and myself were in the vehicle.  The BI adjuster is offering $200 for both of my children.  While I understand this isn't a lottery ticket event, I also think the payment is wayyy too low.  Mainly because my 8 month old was strictly breast fed before the accident and because I was on pain medication and the stress decreased my milk supply I have had to stop breast feeding and supplement with formula.  Which has incurred new costs and unfortunately also given the baby other problems like constipation and gas and fussiness.

Answer
Hi Paula,

When there are no actual injuries it is typical for an insurance company to try to offer a small token amount to try to "cash out" a possible claim. You simply need to respond in writing to the adjuster explaining what you stated here to me. In your letter you should ask for an amount that you feel is reasonable, say $1,000.00. However, you must be prepared to negotiate. You may end up setteling for $500 to $750. You just need to stand your ground, make your argument and be patient.

I hope this helps
Richard Hixenbaugh