Auto Insurance Claims/Bodily injury

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Expert: webfoot - 10/24/2006


Question
I was recently hit by an uninsured motorist who did not obey my right a way in an intersection. I was however insured for up to $50,000 by my own insurance company against bodily injury incase of this scenario. I was wearing my seatbelt but still ended up with multiple contusions, whip lash and a broken rib. I will be out of work for about 6 weeks. My insurance company tells me, I can claim my lost wages, all my medical bills and also the pain I suffered. Is there a standard $ amount for pain? How can I tell what my pain is worth?
Thank you for your time!

Answer
There is no real standard $$ amount for pain and suffering.  Each case is entirely different and should be treated on its own merits.  In your case, I wouldn't know where to start guessing as I've never seen anyone out of work that long for the injuries that you're describing.  Wish I had been given that much time after my back surgery for two herniated discs!

As far as what your pain is worth, you're going to get an offer that is initially lower than they are willing to pay, but is also in range with prior similar settlements, both in and out of litigation.  The insurance company should be willing to take reasonable arguments into consideration and if you are unable to agree on what you believe is fair, you always having the option of getting an attorney.  Some insurance companies are very reasonable and some are not.  

My only advice is to at least see what you can negotiate before making a decision as to obtain an attorney.  Once you've agreed to give an attorney 30-40% of your settlement, you're stuck so you might as well know up front what you can do on your own.  

Good luck!

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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