Expert: Bennie719 - 10/18/2007

Question
My teen daughter and I were in a car accident on 9/11/07, the other driver was at fault. Their insurance co. already settled the property damage with me and they did right by me.  I sustained a broken left hand (dominant) and now wearing a cast, where my daughter was not inured and just had aches and pains and is fine now. I had lost several days of work due to not being able to use my hand and having pains in my upper and lower back.  I had started chiro treatments and they are helping me so am able to function at work again. The cast comes off next week and from there I will know what is next in store as far as physical therapy for my hand.  I did not retain a lawyer as of yet and I am going to wait and see what the insurance offers me first.  If I am to negotiate on my own, how do I know what to start with as far as numbers go? I keep hearing about the 3x rule for medical and then others say not so, what is the norm?  So far my medical bills are about $10,000.  Thanks for any help.

Answer
Hi Jackie,
First of all, you should be made aware that all Insurance
(Auto, Health and Medi-care) is anti-chiropractor.  Most health insurance policies put a maximum annual limit on chiropractic care and Medi-Care puts a $1,500 annual limit.
I suggest that you see a MD and get a referral to Physical Therapy.
When it comes time to settle an injury claim, the adverse auto insurance company will only offer 1.5 to 1.75 times your bills, because they are only considering 50%-60% of the chiropractors bill, whereas they will consider 100% of the MD and physical Therapy.
Handling this on your own, you should try to settle for 3 times your 'specials'(assuming that you switch to a Medical Doctor and Physical Therapist).  Specials are insurance terminology for your losses.....Medical Bills, Physical Therapy bills, mileage @$.43 per mile for every trip you make for treatment
(keep a log) and lost wages. You will have to make some kind of concession on the Chiropractor bills.  Ask for 3 times specials but be willing to negotiate downward to 2.75 if necessary.
If you reside in any state other than Tennessee or Kentucky, the statue of limitations on settling a bodily injury claim is at least 2 years and a few states allow 3 or more.
If you have a 2 year statue of limitations and are not able to settle the claim by the 17th or 18th month, then you need to Consult a Personal Injury Attorney.  He/She will need at least 6 months to properly investigate, prepare and file a suit.
I hope this has been of help.  Please write again if I can provide more assistance.
Sincerely,
Bennie
San Francisco Bay Area 11-18-07 12:09 AM PST