Pain & Suffering

[blue582]

What is the name of your state? Ohio

I have previously posted months ago that I was rear-ended in July '06. I was a passenger -- the other driver admitted that she did not see us. Car was fixed and paid for by the other party's insurance -- about $3500. My sister (the driver) has settled with her personal injury case for $800 (she is fine). I however, do not plan to settle yet. The adjuster keeps calling me, but I want to wait. My neck is still bothered. My questions:

- Should I ignore the adjuster's phone calls and pressure to settle over the phone?

- When I am ready, what is the best way to go about this -- do I send him a demand letter/packet? Medical is being covered by our insurance, so that is not part of the equation.

- What sorts of things do I need to present to back up my claims that I deserve decent compensation (police report, doctor reports, car wreck photos, my own pain journal?). I have no idea.

I am new to this. Please forgive my ignorance on the subject. I'm just looking for some tips. I do not plan to hire an attorney because it should be a "simple" case...I think...

 

[ecmst12]

Are you being treated by a doctor? If so, tell the adjustor that you want to wait until your treatment is completed before you settle (as well you should) and tell them the expected completion date.

If you are not being treated by a doctor, then you may as well settle now since the main evidence in a pain and suffering claim is the doctor's treatment notes and length of treatment for your injuries. If they're not bad enough for you to seek treatment, then clearly they're not worth much compensation.

 

[blue582]

I recently went back to the doctor to see about my continuing pain. Initially, in August, I received physical therapy and had x-rays done (not much found except for degeneration). Now I am to see my doctor again in 6 months if my pain worsens. I could then get injections to possibly help in calming the flare-ups. But, no, I am not really doing anything with the doctor now except waiting.

I plan to wait that 6 months, at least, then evaluate things. If I am ready at that point to settle, can you tell me my next step? Is a letter the way to go about this?

Thank you.

 

[ecmst12]

Ok, you can explain the situation to the adjustor and tell them to contact you in 6 months. Be mindful of the statute of limitations of course (2 years in most states). When you're ready to make a demand, in writing (certified mail, return receipt requested) is the way to go.

 

[blue582]

ok, thanks for the info, ecmst12.

Does anyone else have some input on how to prepare the letter? Do I need to send other things with it? How will the negotiation go...will they call me and want to negotiate over the phone after they receive my initial request? I just want to be prepared.

 

[fairisfair]

ok, thanks for the info, ecmst12.

Does anyone else have some input on how to prepare the letter? Do I need to send other things with it? How will the negotiation go...will they call me and want to negotiate over the phone after they receive my initial request? I just want to be prepared.

http://insurance.freeadvice.com/information/auto/article/63

 

[blue582]

Thank you, yes, that's a good example letter. I just wonder if I should get my hands on the police report or medical write-ups that were done. Or, should I just go by my take on things? Obviously, since it is P&S, I am asking for a more arbitrary amount (there's nothing to list out like that example did). Or, should I just list out the medical amounts to show the amount of care I received? I want to have as strong a case as possible.

Then when the adjustor counters, do I send another letter, or is the rest done by phone? Mainly, I want to know how does the process work? Or is it different depending on the insurance company?

 

[moburkes]

Thank you, yes, that's a good example letter. I just wonder if I should get my hands on the police report or medical write-ups that were done. Or, should I just go by my take on things? Obviously, since it is P&S, I am asking for a more arbitrary amount (there's nothing to list out like that example did). Or, should I just list out the medical amounts to show the amount of care I received? I want to have as strong a case as possible.

Then when the adjustor counters, do I send another letter, or is the rest done by phone? Mainly, I want to know how does the process work? Or is it different depending on the insurance company?

I can't imagine that the adjuster doesn't have a copy of the police report already.