How do insurance companies determine how much you should be paid for pain and suffering?

Question

My son was in an accident 5 years ago, he was off work for 2 days mainly from soreness and bruises. The insurance company offered and paid him 6500.00 for pain and suffering.

My dauhgter was in an accident last month, She was off work 5 days and had to wear a brace on her foot for 10 days. The insurance has offered her 240.00 for pain and suffering.

We are not after money, I am just wondering why my son was paid so much for brusies and why they are offering the amount they are to my daughter when she was hurt more.

So am wondering how they determine the amounts they pay?

Answer 1

there is no actual "equation" they use.  your son should consider himself VERY lucky he got so much for not really sustaining injury.  Pain and suffering is NOT something the insurance companies legally have to pay at all.  Each company is different in how much they will allow for each type of accident or injury.  All they HAVE to pay is her medical bills, pay from any time missed at work from the injury, a rental car if hers is not drivable and to fix her car or the ACV on the car if it was totaled.  Insurance is there to put you back into the same "situation" you were in before the accident.

Answer 2

The insurance company usually compare the pain they will suffer in their wallet with the pain you or your relative will be suffering and usually side with their wallet. That is why it may be good advice to consult with an attorney who won't compare your pain with their wallet.......

Answer 3

thats a good question because I am going

through the same thing my husband was in a accident a year ago and all he is getting back is 4800.00 we have lost alot and thats all he is getting I would like to know and he Allen and Allen as his lawyer.