Expert: Doctor Settlement - 7/12/2006

Question
Good Doctor,

Thank you for your time!  Sorry to hear about your flight delay.  I look forward to your answer.  

Yesterday, the insurance company increased the offer by another $200, which they say is final.  I am just wondering if a contingency lawyer would improve things based on the admission of negligence at the scene.  It may not be worth the hassel.  What do you think?

Ed
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Followup To

Question -
Doctor Settlement,

My wife was rear ended a few months ago.  The driver admitted to negligence at the scene by saying she was trying to pick something up off of the floor of her car when she hit my wife.  $900 in repairs to the car were paid directly by the insureds company.  My wife saw her doctor the day of the accident,  and missed one day of work.  She had neck and back pain for about 3 weeks.  The other driver's company has offered $350 for medical, $60 in lost wages and $350 for "general damages" for a total of $760.  Our out of pocket was minimal, so our net would be about $600 for pain and inconvenience.  My gut feeling is to return the check.  What do you think?

Ed

Answer -
Dear Ed,

I must apologize for the delay in writing to you.  My flight was cancelled and I had to stay a day and a quarter in Edmonton, Alberta.

I just got in tonight and by now it is 3:17AM, so I will approach your topic with a fresh mind tomorrow afternoon.

Dr. Settlement, J.D. (Juris Doctor)

Answer
Dear Ed,

Sorry for the delay; going to bed so late after I finally got home from the replacement flight (after 4 AM) used to be something I might recover from pretty fast, but not these days, at this age.  So I got behind on my work and I hope my delay did not result in any anxiety or loss on your part.

It seems that you are having better luck just doing nothing and letting the insurance company keep upping the ante!

Seriously, unless you have some instances of continued pain that is documented by the doctors, then they are in the ballpark with a new money valuation of $550 net.  No personal injury attorney would ever take the case.  They cannot get any more than you on this deal; insurance companies know that attorneys cannot try a case for any less than $7,000.  Thus, there is no shaking in their boots should they hear from an attorney.  

I would argue for more based upon some residual pains at night and the next day following physical activity.  DO IT IN WRITING ONLY, and do not appear to be too eager for your money.  

FINAL TOPIC: Effective communication with insurance claims adjusters.

Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more.   Always have your information and ammunition in writing to give to the adjuster.

Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.

Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com