Auto Insurance Claims/auto claim
On 12-13-14 I was sitting leaning over picking something off the floor at a light on a small downward grade slope in a small shopping center and was rear ended by a truck(such as a Ford F150 older model) who's brakes had failed. By the drivers own admission I was the second vehicle he had hit as he had just rear ended another vehicle on a main road before turning into the center. When I got out of vehicle, which contained 3 young boys, one of which was crying in shock, I noticed the driver was very upset and didn't seem right. I asked him to pull over to exchange information, and as we each pulled into spots his vehicle went into the windows of the Radio Shack but was stopped by the metal window casings. At his point I call the local police, who came within seconds. Eventually they asked me to move my van as they called for a tow and ambulance for the other driver, bi-polar and off his meds. Five days later I was at the doctor with a sore lower back and was referred to orthopedics. I ended up in physical therapy for 8 visits which offered only temporary relief, had a ct scan and ended up getting shot in one specific lower back muscle that was knotted. A couple days later was back at orthos with much more lower back pain and was told that it had probably been there all along but because I was concentrating on on specific spot didn't realize it. Ended up going back a couple days later for a cortisone shot and have had a total of 3 since. Feeling much better and would like to close claim. Total bills $6305, allowable amount paid by insurance $2464, insurance paid $1857 & my out of pocket $607. I did not contact a lawyer. Adjuster will be calling with a settlement, I am thinking of asking for $5000 for "pain and suffering" (hit new van I had just purchased in August, ruined Xmas holidays, deep depression until January) Does that seem unreasonable?
Asking for $5,000 in pain in suffering does not seem unreasonable. But you have to keep in mind that the insurance company is not interested in what is reasonable only what they can get away with. If you ask for a dollar they will offer you a quarter. It will be up to you to negotiate with the claim adjuster. Their job is to convince you that you are entitled to less. Your job is to convince them that you are entitled to more. Before you accept a settlement, keep in mind that you may be required to reimburse your insurance for any medical bills they paid out from any settlement you receive.
I hope this helps