Anybody have experience with whiplash settlement?

[Duck on Wheels]

Monday should be my last day of PT after a car crash. The other driver's insurance adjuster said he'd phone later that day to make an offer. He said it would cover my bills + something extra. Anybody know what I should expect here? What I should accept, or not? I'm beginning to wonder if I could take that money to the LBS and get a better bike .... :)

[maillotpois]

How much are your medical bills? Any lost wages? Where did the accident occur (what state)? How badly was the car damaged?? Have you spoken to an attorney?

You can PM me with this if you like. I'm a lawyer, but I don't play one on TV.

[KnottedYet]

I had a neck strain, minor. Didn't need PT. Besides paying all my bills and the ambulance ride, the driver's insurance paid my missed day of work and $500 for my inconvenience. (it was a hit and run, so their insured was in deep doo-doo)

[bcipam]

Just some advice - I'm an attorney and a claims adjuster (although I don't handle auto BI but I did many years ago), you need to be reasonable. There is a formula to determining injury value. Think of it this way....

How many weeks did you suffer discomfort/and or pain? Assuming it was 4 weeks and the first two weeks were the worse and the last you got better...

week one $1,000
week two 750
week three 500
week four 250

Plus your medical bills

Plus the value of any potential future medicals - such as additional doctors visits, treatment etc. Also need to factor in a reasonable period of disability based on the impact and damage to your car (as an adjuster I would give more value to an injury if the car was moderately damage as to opposed to a car that suffered very minor or no damage).

Don't expect something like "3 times medical". Most carriers don't use that as a formula to calculate damages and besides part of the "3" relates to attorneys fees. If the adjuster seems reasonable and willing to work with you (remember everything is negotiable - if the adjuster offers say $2,500, you can counter with a amount above what you are willing to settle for assuming the negotiation will end up somewhere in the middle). Be patient. Be cordial, nice, pleasant (remember you get more flies with honey...) and don't be in a hurry. It's kindof like buying a car - who gets worn down first - you are the salesman? But have an amount in mind you feel is reasonable. You should be adequately compensated for your medical bills, and your period of discomfort.

[Running Mommy]

yeah, like BCIPAM said.. I would listen to the offer and tell them you are going to talk it over w/ someone and will get back to them. Ice em' that's what I say...:D
Sorry about the whiplash. man that stinks! I got it once from an accident and it was horrible. The funny thing is I worked in the Ins industry at the time, so I always thought it was a scam to "get one over on the man"... Until it happened to ME!! :eek:
Now I know, and I'll NEVER doubt anyone again!

[mimitabby]

Monday should be my last day of PT after a car crash. The other driver's insurance adjuster said he'd phone later that day to make an offer. He said it would cover my bills + something extra. Anybody know what I should expect here? What I should accept, or not? I'm beginning to wonder if I could take that money to the LBS and get a better bike .... :)

My husband is a claims adjuster. His advice to folks like you is this:
GET A LAWYER!

insurance companies will not GIVE you anything they don't need to. They have considerable latitude whether they say they do or not. And most whiplash injuries change your spine for the rest of your life. That's worth plenty.
good luck

[bcipam]

Mmmmm... not certain if I agree with the "get a lawyer advice..." Hey I are one and if I thought it would help I would recommend it but give the ins. company a change to settle with you first keeping in mind if you get an attorney you will have to split at least 1/3 of your settlement with the attorney and your case doesn't automatically increase 1/3 in value. Yes attorneys are good at making mountains out of molehills and can increase the value of your case but that means more treatment, delay in settlement and again they get 1/3. Attorneys are in the game because its their business, they have to make money off the claim and off of you.

Work out the settlement amount, give the adjuster a chance to settle, negotiate alittle and see if the matter can't resolve amicably then if you feel the adjuster is not being reasonable and you cannot settle, get an attorney. There is no hurry. In most states the statute of limitations (the date you must file a lawsuit to keep the claim active) is 1 year, most states its 2.

Note - most whiplash injuries resolve. Your doctor can and should discuss this with you. Injury is seldom if ever permanent unless 1) the injury was severe and more than "whiplash" and 2) you have some other pre-existing problem.

[Duck on Wheels]

Thanks all :) I've never been through this before. In Norway, since we have national health and full coverage for disability, there's rarely any insurance compensation. Here you have to cover those things via a kind of market negotiation scene that I'm not used to. It should help to have a ballpark figure in mind when they call with the offer next week.

Your comments all sound reasonable and helpful, giving me kind of a top and bottom figure with a bit of leeway. That'll help me get a sense of whether the insurance company is being fair. My sense so far is that they're fair enough, but also that they have routines to pressure you to accept a settlement. Such as ... even though they've accepted that they're going to have to cover my medical expenses, they won't pay any bills until treatment is completed. If I were economically on the brink here, and maybe also worried about my credit rating, that would put pressure on me to stop treatment a soon as possible, maybe sooner than medically advisable. Luckily, I can afford to wait, but I also have to make sure that doesn't entail me giving the company an interest-free loan for the 6 months it's taken. I.e. gotta factor in interest on the bills I've paid.

So far it seems I was "lucky". I don't think the neck sprain will give me lasting problems, at least not as long as I keep up the excercizes. I'll have to ask the PT how long I'm likely to need to keep them up. They take 1/2 hour a day, which I think it's fair that I calculate at my wage level for a time, but after a while it becomes just something it's wise to do because I have a desk job and from that point it's not really an insurance matter. Also the lasting effects of the eye injury are minor; I just need a bit more light. So I guess if I get compensation that at least covers the accumulated bills, the time I've lost from writing (about 2 weeks counting time when I couldn't work, time spent on medical follow-up, and exercize time), an extra lamp or two, something extra for that first week of severe pain and for those winter months when I was suddenly afraid of driving at night ... that should do it. If this means I can afford a bike that really fits like a glove (i.e. less stress on the neck and shoulders), and also contribute something extra to my Mom's new car, I won't feel like I'm being unreasonable.

[Ninabike]

Ditto what bcipam said.

I'm a insurance defense attorney and I deal with this stuff every day. Adjusters have certain criteria they use to evaluate claims. Work with the adjuster; get as much documentation as you can to support your claim. Negotiation is expected. Be nice!! Remenber, the adjuster has hundreds of files and everyone out there wants something. Insurance carriers are obligated by law to deal in good faith when negotiating claims. I don't imagine you are up against a statue of limitation problem. Give youself a chance to work it out before getting an attorney.

Nina