Expert: Claims Guy - 3/7/2010

Question
I was involved in an accident in January 2010.  I was on my way home around 11:30 PM when a vehicle crossed the median (I live on a very curvy road) and I was forced to swerve to avoid a head on collision.  Due to black ice on the road my Jeep slammed into a tree, which totaled it and I ended up with a calcaneus fracture (broken heel).  The vehicle that caused the accident did not stop, and I had two witnesses who saw what happened and gave their statements to my insurance company.  Thank God i had UIM coverage up to 50K, and my insurance company has already paid me for the value of my vehicle (7800) in my collision insurance.  My insurance bills to date are about 8K - they've already paid 1k in PIP -  and i'm currently undergoing physical therapy 2x a week which I'm paying out of pocket.  I'm a single mother who has been unemployed for a year, and I don't have the luxury of waiting a few more months to wait to settle this claim.  My orthopedist has informed me that I will have arthritis for the rest of my life in my right foot, and will lose the side to side motion of my ankle (it will be very hard to balance myself on uneven ground).  I've noticed when the weather is inclement or especially cold, I have noticeable ache in my foot.  Since my medical bills are relatively low compared to others I've researched, I'm wondering how to include future medical bills, loss of enjoyment - I have an very active 3 year old  and I'm used to working out 3x a week running about 2 miles - especially since I won't be asking for lost wages due to the fact that I've been unemployed with no health insurance.  SF informed me that they would include all my medical bills in my settlement plus calculate an amount for my disability.  I just need a informed opinion of what's a reasonable amount to ask for in my demand letter as I've never been in an accident. Any feedback is greatly appreciated.

Answer
I know you want to settle now, but I think it would be to your benefit to wait.  This is way too soon to know the long term effect of your injury.  You mention pain  when it rains, but at less than two months post loss, this means nothing.  The question nis will you have this pain in a couple years?  Will you be able to run and do the things you used to?  We won't know this for a while.

You said you are paying PT bills out of pocket.  Most providers will bill your PIP directly.  But if your limit is only $1k, then this is not an option.

If your PIP is exhausted, you could ask the insurer to pay for your current medical bills on an advance basis from the UM coverage, before settling.  They do not have to do this, but if you ask nicely and make a good argument for your dire condition, they might agree to do this.  If the claim rep says no, ask the supervisor.

Your case may very well be worth the $50k limit.  But you probably can't prove that now.  This is why you should wait if you can find a way.