Expert: Richard Hixenbaugh - 9/1/2009

Question
I was in auto accident in Dec. I  was the passenger of a vehicle and another vehicle turned left in front of us. Our car was totalled.  I did NOT have my seat belt on so I was injured.  I was taken to the ER by ambulance and was thoroughly checked out.  My face was bruised for a few weeks and I had a large bump over my eye(and is stil there today but is smaller).  The insurance company of the guy who hit us is trying to settle the claim with me. In the beginning, they were calling me and specifically mentioning pain and suffering and I told them as long as the bump over my eye goes away, I am ok.  A DR told me the bump would go away but could take up to 2 years.  The claim is now in the hands of the 2nd adjuster who has been extremely rude to me as well as playing the "oh, I thought I had everything but now I still need>>". However, the medical bills were $6400 and my health insurance paid $1700.  They want to settle for 4300(which $1700 goes to my health insurance co).  They said $400 is for pain and suffering.  Does that seem fair?
I am not out to make money as this was an unfortunate situation that caused me pain for several weeks.  However, I am a little worried what will happen if this bump does not go away.

Answer
Hi Phyllis,

No it is not fair. Your claim should settle for an amount that is at least 2 times the amount of the medical bills. So the total claim is worth $12,800.00. You should tell the adjuster to to start talking figures that are in excess of 10k of you will just turn the whole thing over to an attorney. On the other hand, you may want to hold off on threatening an attorney until you hear her reaction to the 12,800.00 demand. Of course you should be willing to negotiate a good bit considering that you were not wearing a seatbelt. She will likely claim that you caused your own injuries by not wearing one.

I hope this helps
Richard Hixenbaugh