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Insurance Law/personal injury claim


I was involved in a multi vehicle accident in 2010.  ten vehicles accounted for plus two reported to have left the seen.  In short I was not found liable foward any party involved.  Two vehicles behind me were found liable.  Insurance (A) sent us a letter stating they were found to be 50% responsible and would determine amounts to be paid out.  Insurance (B) although never admitted fault moved ahead and paid in FULL my workman's comp total ( Ambulance, ER visit, Doctors visits, physical therapy visit, medications, time loss from work, etc) totalling approx. $9750.  After many months of negotiation the maximum of $15k was settled providing for person injury pain and sufferring to be $5250.
Now insurance A does not want to pay for pain and suffering even though all outstanding specials were paid by the other insurance (B).  Do I have any legal recourse again insurance A to take some finacial responsibilty for my pain and suffering.
I limited education was if you take all the expenses/special your pain and suffering should negotiate from 3x that amount and work down during negotiations. say we settle for 2x specials equal $19500.  since the other party paid $5250, insurnace B should be responsible ofr approx. $14000.  is this right.

Hello Ed,

Thank you for your question and the opportunity to answer it.

I am sorry to hear about your accident.  It sounds like it was pretty serious.  Hopefully you are better and on the road to recovery.

You are correct, as a rule, general damages are calculated at 3 times the specials. This can vary from company to company and from situation to situation.  Sometimes a large property damage claim produces little bodily injury.  I was recently in an accident in which the damage to my vehicle was over $6,000, but I was not injured, not even sore the next day.  I have seen claims however, with minimal property damage, but major bodily injury.  Depending upon how and where the vehicle was struck, the age and health of the individual, etc., the bodily injuries can vary.  But 3 times is a general rule.

If you are having trouble with Insurance Company A stepping up and paying for your pain and suffering, then you might need the advice and services of an attorney.  It sounds like you have negotiated a lot of this on your own, and that is good.  If you can collect some more without the assistance of an attorney, then you will save the attorney fees.  But sometimes, it takes the assistance of an attorney to open up the wallet of the insurance company.

If you feel you have collected as much as you can on your own, I would speak to an attorney and see if he or she feels they can collect the additional pain and suffering from Insurance Company A.  You should be able to find a personal injury attorney in your area that will provide a free consultation and take your case on a contingency basis, so you will not have to pay any money up front.

Good luck with your efforts and I hope you continue to improve from your accident.


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David W Cofer


I am qualified to answer questions regarding most Insurance issues. I am extremely knowledgeable in coverage and liability issues, subrogation, and dispute resolution. I am a licensed Property & Casualty Adjuster in Texas with over 30 years of experience in the insurance industry. I am a volunteer panel member at Arbitration Forums, a dispute resolution organization designed to resolve liability disputes between caarriers. If you have a question about your insurance policy, coverage, or feel your claim has been unjustly denied, feel free to ask my professional opinion about the matter. I am not able to answer questions regarding Health or Life insurance issues.


I have worked in the insurance industry for over 30 years. I specialize in Automobile and Property insurance, especially related to coverage and liability issues. I am a volunteer panel member at Arbitration Forums where I hear insurance disputes and render decisions regarding liability disputes among insurance carriers.

North Texas Subrogation Association; Arbitration Forums

I have about a dozen articles publised in the Subrogator Magazine as well as articles published in Venture, Entrepreneur, Fire Engineering, Security Management, and Collector Magazine.

B.A. degree, University of Texas, Arlington, Psychology. Leonard's Insurance Adjusting School. Hundreds of hours of Continuing Education for my Adjuster's License.

Awards and Honors
I received the Arbitrator of the Year Award twice

Past/Present Clients
Numerous insurance companies in the USA.

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