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Auto Insurance Claims/rear end accident with children

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Question
Hi, I was in a rear end collision at an intersection. Light was red and my husband was the driver and saw that we going to be hit but since we was in the right hand lane and had 2 cars in front of us, there was no way to avoid it. The other driver admitted fault at the scene. We had our 4 children in the vehicle at the time. I started to feel pain in my back while waiting for the police. I went to the ER and I am currently in PT to help with on going back pain. I was off work for one week. I can't take car rides for longer than 25 minutes before intense pain comes upon me and I also cannot do all the regular housework activities, ie cooking, laundry, cleaning. No one else was hurt, but I was told I should be able to make a claim for my kids since they are all under the age of 18. So far, all of my medical bills are being submitted to the other person's insurance. What steps do I need to take to come to a fair settlement agreement? PT should last for one more month, but I think the insurance is ready to close the claim since they have repaired our vehicle. And what would a fair starting figure be to start negotiations?

Answer
It is too soon to settle your injury claim.  You should wait until you have been released by your doctor and you know the total amount of your "special" damages, which includes any out of pocket expense like medical bills, lost wages (even if you were paid by your employer), ad anything else.  You then add in an amount for "general" damages to cover pain, suffering, inconvenience, etc.  This amount is subjective.

If your kids were not injured, then they have no claim.  If they were checked out by their doctor, you could make a small claim for them.

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Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 20 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 20 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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