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Auto Insurance Claims/Settlement with car I was driving insurance

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Question
I was driving a car insured by statefarm. I was rear ended by a driver who had no insurance. My own car insurance covered my medical bills in which I had physical therapy,cortisone  injections, and a surgery on my back with damaged nerves. I have been off work for a year and filed a claim against the vehicle I was driving for pain and suffering. After the surgery the scar tissue warped around my nerve and still causes pain 6 months after the surgery and I still see a doctor for pain. What question is in the state if michigan what would be a fair settlement for pain and suffering? Would I have to pay my insurance company back for any of my medical bills out of that insurance money. I had underinsured coverage on my own auto insurance.
Thanks,
MsJoseline

Answer
 Hi Joseline,

No one can possibly answer your question based on the outline of facts you have provided.  Settlements for pain and suffering are based on many, many factors.  They are not a "mathematical formula" that can just "be applied".

Your loss is clearly severe and permanent.  You should be compensated accordingly.  The process would be first to go after the BI liability coverage for the at fault driver.  If that coverage is inadequate, then you would be eligible to apply for your own Underinsured Motorist coverage.

These are complicated claims.  In my opinion, due the the severity of your loss you absolutely require the services of a competent and experienced personal injury attorney.  In fact, I would strongly warn you not to attempt the settlements on your own.

Without knowing the terms of your insurance policy, I cannot tell you specifically how your medical bills would be applied in a settlement.  More than likely, there would be what is called a set-off, where the amount paid to you is deducted from a final payoff by the liability carrier.  But again, I do not have any of the details and that is just an experienced guess.

All of this is precisely why you need a good attorney.  And by all means, acquire the services of an attorney who will actually talk to you, who will answer your questions, and who is skilled in the courtroom.  In other words, send a message to the insurance companies that you are willing to take this to court if a fair settlement cannot be achieved.

I am sorry for your loss.  Do some research on attorneys, even contact your state Bar to see if they offer referral services. Look for experience and integrity. And, good luck.

Jane Pytel

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Jane Pytel

Expertise

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.

Experience

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.

Education/Credentials
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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