How much should I settle for with insurance?

Question

Me and my family was in our car and a woman ran into us. It didn't cause alot of damage to the car the damage was $652. We got that fixed. Anyway I went to the ER with pain and was told I had a neck and back sprain. I have been going to the chiropractor for the last 7 weeks and I should have my last appointment next week. My total medical bills will be about $1800. I have never been in a wreck before and wanted to know what to expect and how much a fair settlement would be. Do I call them when I am done treating, or do I wait for them to call me?

Answer 1

There is no rule that you get 3X medical costs.  That's a MYTH.

If you're in a true fault state, you'll be lucky to get the emergency room bill.   Chiro bills, that insurance company is going to fight you on them.  You ONLY had $650 to the car!  Thats like a BUMPER.  PLEASE!

HOnestly, you can go to a chiro for the rest of your life, that doesn't mean the poor woman is on the hook for the bills from it.  Hubby taking care of the kids or being late, isn't compensable.  

If you're in a no fault state, or a limited tort state, you're not going to get anything.

You should ask YOUR AGENT, who has state specific information for you.

Answer 2

Hmm... $652 in vehicle damage and you had to go to the ER?  And then 8 weeks chiro?  You must be one delicate little flower.

What would be fair is you are put back into the same position you were in before the accident, not a better position.

$652 in vehicle damage these days is far less severe than one of your kids running up and jumping on you when playing with them.

Answer 3

From previous experience from a vehicle accident I would highly recommend talking to a lawyer.  Once you are done treatment, it doesn't mean your pain will end.  You should never sign off until you get some informed advice.   Plus you may want to ask about the "spousal entitlement" for your spouse, if you have one, as he may be eligible for monies as well under the family act.  In Ontario, as far a I recall, you are entitled to one half hour of free legal independent advice which I would highly recommend.  The insurance company will have to cough up some monies for you.  For you to come up with a number yourself would be  inappropriate.  Lawyers do sometimes offer sliding scales if payment is an issue, so don't be shy and come right out and ask.  The average claim in Ontario courts could be at lot more than you would expect.  The insurance company should be paying your medical bills.    The other person who hit you is obviously trying to avoid "facility insurance", so I would not recommend contacting them in any way.  Just do yourself a favour and see a lawyer NOW!

Answer 4

my ex-gf was in a similar accident.  She went to the doctor twice for her back (which was hurting before the accident, mind you)  6 months later she got 15,000 minus lawyer fees which were almost 50% of what she got.

The thing is you never know what long term is going to be for your back, so I suggest you just get the maximum of whatever the guy was insured for just to be safe, because believe me, there are people out there that say "Oh i dont feel that much pain, no need to get any money for it."  Then a year or two later they suddenly have back pain from h**l as a result from their injuries a year ago, then they end up going to chiropractor 5 times per month for the next 2 years just to feel a little more normal while in the meantime they always feel the pain in the back.

So i would just ask for the max that the insurance was covered for on their insurance.  (Usually 25 or 30k)  Lawyer will take a big chunk of that and you will actually be a little short changed if you do get that pain later on.

Answer 5

~~There is no way to give you an exact answer, but the rule of thumb for a settlement on this type is 3 times the total medical costs. Of you course your attorney fees (if you have one) need to be paid from this.~~

Answer 6

It is too early to say.  It depends on what your MRIs will show.  You should hire a lawyer b/c he/she will get enough for you to earn their fee.