Expert: Claims Guy - 2/13/2010

Question
QUESTION: I was Rear ended on xmas eve 2009, I was in the center turn lane and I was struck from behind by a woman who didn't break at all and kept driving and made a left hand turn down the road. I was able to pull over run in to my uncles house(i was less than a block away) and we were able to stop the woman, she was diabetic and was close to a diabetic coma and had no idea where she was or what she was doing. At the time I felt ok, but the two days went by and i had a very sore neck and shoulder. I went to emergency and then that monday came and i didn't work. ( I'm a window Cleaner) then tuesday i worked, i went to the chiropractor and got adjusted but he determined that I had disk damage in my c4 and c5 vertebrae, So he put me on another machine and I just finished my 6th treatment on that machine. I've been to the chiro probably a total of 12-15 times, during the first month of my injury my work cut my work because I would get stiff and sore half way through the day...I only took one full day off but only made about half the money I could have if I was healthy.

I'm wondering how much compensation I should expect, or if i need to get an attorney? I'm sure I can handle it myself and get the most out of my claim.

ps-my car was a total loss, it was over 9k to fix it so the insurance company gave me 10k for my car.

ANSWER: I will need more information to evaluate your injury claim:

-have you been released from care, and is your injury healed?  If not, what is the prognosis?
-How much are your medical bills?  And what portion is for treatement, and what portion for tests or xrays?
-what is the dollar value of the lost wages?

When you provide that info, I can provide my opinion as to the value.  Hiring an attorney will cost about 33% of your settlement amount.  Many times you can net more money handling it yourself.  But if the case becomes complex, it is wise to have an attorney.  This case does not sound complex.

One other thing - you said the insurance company paid you for your car.  Wasthat the insurance company of the other driver , or your insurer?  I ask because if she was in a diabetic coma, there might be a question as to whether she was negligent.  Did her insurance company assume liability?

---------- FOLLOW-UP ----------

QUESTION: sorry treatment is at 2k right now and emergency xray visit was 1k.

Answer
Assuming the other driver's insurer assumed liability, I estimate the value of your BI claim at $6,000 - $8,000.  The insurer will place a range of value on this, as opposed to  specific number.  This is very subjective and not a scientific process.  Different people will have different opinions as to value.  You are trying to estimate what a judge or jury would award if the case went to trial.

Also, you need to consider the legal fees for both sides if the case goes to trial.  Your fees would be 40-50% if a lawyer taks the case to trial.  Their fee will be less because they probably have a lawyer on retainer.  

Their first offer will probably be on the low end of their range, and they will allow room to increase their offer a couple time.  You should do the same.

Do not be argumentative or impolite.  be polite, courteous, and prepared.  State your case and explain the pain and problems the accident caused you.  they will make counter arguments as to why the case is worth less.  Just go back and forth and try to settle.  Sometimes it pays to be patient.  The claim rep is judged on how quickly he/she can settle claims.