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Auto Insurance Claims/pedestrian accident/settlement


QUESTION: I was hit by a pick up in July of 2011, when a man backed into me in a parking lot.  I went to physical therapy, the chiropractor, and finally I am seeing a specialist. I have been diagnosed with sacroiliac joint dysfunction of both sides and lumbalgia.  I have to get injections in my back, and restart physical therapy that is specific to my injury.  I also may be required to wear a back brace for 23 hours a day (taking it off only to shower).  What would be a fair settlement?

ANSWER:   Hello Ashley,

I can't possibly answer that question.  Here's why.

First, I don't have access to your medical records. Second, I have no idea what your earnings are now, in the past, or what potential earnings you might have for the future.  Also, I do not know your age or if you have dependents. I have no idea what the liability insurance limits are or if you have Underinsured Motorist (UM) coverage if the liability limits are lower than the value of your loss.

Here's the point.

Obviously you have suffered serious permanent injury.  All of the factors listed above - and more - need to be considered before anyone can possibly arrive at a fair settlement.  In my opinion, you have only one prudent choice - retain a qualified, reputable personal injury attorney who can professionally assess your loss and who can demand that you receive a fair settlement.  That attorney should also be involved in any potential UM claim if you have the coverage.

I strongly urge you to seek the professional assistance you need.  Do not try to do this yourself.

I wish you well.

Jane Pytel

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

QUESTION: I am 26 years old and have 2 dependents. I believe that I do have UM, but I am dealing with the drivers insurance not mine (I was the pedestrian). I guess more specifically I am trying to figure out what a good pain and suffering settlement would be.  Thank you for your insight.

 Hello again  Ashley,

Your age and dependents will be vital to the establishment of your settlement.  Yes, of course you are dealing with the driver's liability insurance.  But your UM kicks in if that driver's liability coverage is insufficient to cover your losses.  The only other consideration is that you cannot be at fault.  Obviously you're not, so you would qualify for UM in that regard.

Good luck.


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Jane Pytel


I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.


12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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