Expert: Anne - 6/1/2010

Question
Hello Anne,  
I was wondering about how i go about negotiating the cost for pain and suffering. About a month ago my husband, three year old son and i were in an accident. Another car turned in front of us and the chp report shows that it was his fault. I have had nothing but problems from his insurance company and they have finally called back with an offer. All three of us were taken to the hospital by ambulance and checked. My husband and son were xrayed and all of us checked then we were released. Aside from deep tissue bruising we are all okay luckily. My son had a small contusion on his forehead and my husband some glass from the windshield in his forehead.  All seatbelts were on and all airbags deployed. I sent all of our bills, etc. to their insurance and they are willing to pay for our dr. bills and are offering $500 each for my husband and my pain and suffering and $250 for my son's. I am wondering if this is a fair amount because to me it is rather offensive. My son still doesn't want to go anywhere in the car and when we do go somewhere he spends the whole time worrying about the other cars on the road hitting us.  I understand this is probably normal for him to have the anxiety because of the accident, but i feel like the accident wasn't our fault and we should be fairly compensated. Is their offer a fair amount?

Answer
Hello Melinda,

Well, you put me in a very hard position. I cannot give you a correct answer here. You need to look at all factors and decide if this is fair. Did the accident / injuries caused more than $750 worth of damage to them?

Pain and suffering is a difficult concept, but you can somewhat come to a number that would be fair for everyone. Please see:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

You don't' want to be unreasonable, but you do want to be fair. If you feel this is offensive, then I think the offer is low.

I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/