Expert: Claims Guy - 2/28/2010

Question
Two weeks ago myself, my grandmother, and my three children were traveling down a road at roughly 50 mph when a truck ran a stop sign and the front of my car hit the side of hers at almost full speed.  The other driver was found at fault for failure to yeild.  Myself, grandmother and my children were all taken to the hospital via ambulance.  My children were complaining of chest pain, so they were all x-rayed but were found to have no broken bones, only chest contusions. I had 3 sets of x-rays, one on my hand, and two on my neck because they thought I had broken a neck bone.  I also had a cat scan on my neck but they determined it was not broken, but I do have a broken rib and severe cervical strain (I had to wear a neck brace for 5 days).  My grandmother has a broken kneecap and severe hematoma on her hand, her knee will not require surgery.  I went to the doctor again last week and they did more x-rays on my chest and gave me 3 prescriptions.  My children's medical bills total roughly $3000 and mine have totaled $5500.  The other person's insurance adjustor offered to pay my children's medical bills and an extra $300 per child for pain/suffering.  She has not offered me anything yet because I went to the doctor again.  Does $300 seem like a fair settlement for my children, and if not what should I ask for?  Also if I don't go to the doctor anymore, what would be fair for me to ask for considering my bills were $5500? My grandmother was my babysitter before the accident, so I have had to hire new sitters, my mother came in from out of town because I couldn't pick up my youngest child who is 2.  I have had to miss 2 days of my college classes, and my husband has also had to take off work to help me through this.  So many people are telling me so many different things I would greatly appreciate your advice.  Thank you.

Answer
I think it is too soon to settle your claim or your grandmother's claim.  Give it a little time so you know exactly what the prognosis is and make sure there will not be problmes down the road.  I would wait until you are pain free for a month.  At this point, send me detailed information regarding the medical treatment, medical bills, prognosis, diagnosis, inconvenience/pain, other expenses etc.  i need the breakdown between diagnostic bills (xrays, Ct scan, etc) and treatment bills (doctor consult, doctor treatement, physical therapy, etc).  I can then give you an opinion on settlement value.

They will ask you to sign a medical authotization.  This will allow them to secure medical reports, which they will need to evaluate your claim.  I would agree to do this.  And it may save you the cost of ordering the medical reports, which can get costly.

I did not hear enough about the kids to make a decision.  What kind of pain did they experience and for how long?  Did they have any emotional problems?  Any impact on their personal lives?  Are they pain free?