Rear-ended, anyone know the calculations for pain and suffering?

Question

The other day I stopped for the guy in front of me to take a left turn in busy traffic, and the guy behind me was looking down instead of at the road. He rear-ended me and my trunk lid and bumper cover need to be replaced, and I got whiplash, aggravating an existing permanent injury that was caused by the same thing at a higher speed. This is the state of Washington, and I am unfamiliar with all this, since my other case ended in a jury trial.

Just wondering if anyone out there knows how the insurance companies come to a number on something that may be as permanent for pain and suffering as the last one was.

Answer 1

There's no automatic calculation for pain and suffering. In some states, you can't collect it at all - in others, you have to have serious injuries.

In your case, you're looking at, what, $2,000 in damage to your car, and nothing but whiplash.  Soft tissue injury.  The exisiting permanent injury from he other accident isn't his fault.  

You don't mention what your medical bills were - but I think if they offer you $1,000, you should take it and run.  I don't think they'll offer that much, though.

Answer 2

Get an attorney or you will get nothing.

Answer 3

talk to a lawer, there is no cut and dried calculation, the insurance Co. will try to lowball you.

Answer 4

My wife was injured in an car accident (she was walking).  We spoke to the lawyer and because it was just 1 month ago, we do not yet know the FULL extent of the PAIN and SUFFERING.

Just know that you most likely only have about 30 days to file you lawsuit.  After the 30 days you are out of luck (unless you were in a coma).

As the time passes, you will know more about how much pain and suffering you are in.  Some people will get better within weeks and months.  Other people will not.  Only time will tell - at the time of trial OR arbitration, etc.

Good Luck...

Answer 5

First of all, if you hire a lawyer you will lose over 30% of your settlement to him/her/it no matter how much the insurer pays. Despite popular belief lawyers CANNOT get you tens of thousands of dollars by getting 'tough' with the insurance companies. Most of these scum never see the inside of a court room -- they simply drag out the settlement process until the last minute then settle (many times only hours before the court date) with the insurance company for peanuts over and above what the original offer was to begin with. Remember, a claim is only worth what it's worth and no one is afraid of a lawyer -- insurance companies have armies of lawyers on staff and if they get backed into a corner they will litigate a claim for years if need be.

Answer 6

I am a claims adjuster (insert boos here),but not in the state of WA.

In every state that I have ever handled auto claims in, it is illegal for a company to base an injury offer on any type of formula. Some lawyers will tell it is 3 x your medical bills, but that is illegal and only a really dumb adjuster would try that.

The offer will be based on the injury, type of treatment, how long the treatment lasted, lost wages and how much in bills you have.

Let the company give you an offer, you've been through this before so you'll have a gut feeling if they are in the right ballpark. If they are then negotiate, if not hire a lawyer.

BTW the person who said you have 30 days to sue is waaay off. In WA you have 3 years from the date of the accident to settle or file a lawsuit.

Just so you know, your previous injury MAY cause some problems with your new claim. Especially, if the new injury is in the same area of your neck or back.

Good Luck

Answer 7

Fighting Saints is right. One thing to remember is that you (or your lawyer if you get one) will have to show the insurance company documentation that you were re-injured. They may also want to see the records from your first injury. Keep in mind that they only owe  you for the aggravation, not for the original injury, so you will probably not get nearly as much as you did the first time around.

If you sat through a jury trial, you must have listened to your lawyer ask the jury to take various factors into consideration when giving you an award. The insurance company takes the same factors into consideration, but usually puts a lower value on them. Being adjusters, they've heard it all before.

Answer 8

There are no standard calculations for so called "pain and suffering".  If you ask for it, each case is heard on its own merit.  Your best source of information would be your own insurance agent.