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01-18-2006, 11:02 AM
| | Junior Member | | Join Date: Dec 2005
Posts: 13
| | | Settle?
What is the name of your state? CA
I was involved in a motorcycle accident which resulted in injuries ( road rash, bruising, lots of soreness). Insurance wants to settle for pain & suffering, they're offering 2K. Don't have medical bills, they've been taken care of, no out of pocket expense to me.  any advice?? |
01-18-2006, 11:03 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,055
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Originally Posted by sav1 What is the name of your state? CA
I was involved in a motorcycle accident which resulted in injuries ( road rash, bruising, lots of soreness). Insurance wants to settle for pain & suffering, they're offering 2K. Don't have medical bills, they've been taken care of, no out of pocket expense to me. any advice?? | They want to give you $2K just to settle with no permanent injuries?
Take it immediately and invest in stock for your retirement.
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01-18-2006, 11:09 AM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
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Originally Posted by seniorjudge They want to give you $2K just to settle with no permanent injuries?
Take it immediately and invest in stock for your retirement. |
It doesn't matter whether you had out of pocket expenses....What did the health insurer pay on your behalf? You will probably have to pay them back out of your settlement....Get a lawyer to figure this out for you...pay him 1/3 |
01-18-2006, 12:35 PM
| | Senior Member | | Join Date: Sep 2004
Posts: 1,927
| | | What do you mean the medical bills have been taken care of? Who paid them?
If the insurance company paid them and is offering you $2K above that, I'd take it! |
01-18-2006, 01:13 PM
| | Junior Member | | Join Date: Dec 2005
Posts: 13
| | | so what happend to pain & suffering being 3-5 times the amount of other damages? |
01-18-2006, 01:20 PM
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Originally Posted by sav1 so what happend to pain & suffering being 3-5 times the amount of other damages? | Don't have medical bills, they've been taken care of, no out of pocket expense to me.
Three times zero is zero.
Five times zero is zero.
$2K is $2K above zero.
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01-18-2006, 01:46 PM
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| | | So I'm guessing that property damage cannot be considered, right? that was about 6k |
01-18-2006, 01:52 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,055
| | | Q: So I'm guessing that property damage cannot be considered, right? that was about 6k?
A: If you are asking if property can have pain and suffering, the answer is no. So do not have a guilty conscience the next time you kick your computer.
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01-18-2006, 02:02 PM
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| | | I'm sure that took a lot of brain power but not that's not what I'm asking? what I need to know is what else can I consider besides medical expenses? is the 3-5X's that people put out only to be used for medical expenses? |
01-18-2006, 02:08 PM
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Originally Posted by sav1 I'm sure that took a lot of brain power but not that's not what I'm asking? what I need to know is what else can I consider besides medical expenses? is the 3-5X's that people put out only to be used for medical expenses? | Don't have medical bills, they've been taken care of, no out of pocket expense to me.
Three times zero is zero.
Five times zero is zero.
$2K is $2K above zero.
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There are two rules for success:
(1) Never tell everything you know.
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01-18-2006, 02:11 PM
| | Junior Member | | Join Date: Dec 2005
Posts: 13
| | | In other words NO! ok thank you. |
01-18-2006, 10:04 PM
| | Member | | Join Date: Apr 2003
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Originally Posted by teflon_jones What do you mean the medical bills have been taken care of? Who paid them?
If the insurance company paid them and is offering you $2K above that, I'd take it! | Sav you didn't answer the question.
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01-18-2006, 10:58 PM
| | Senior Member | | Join Date: Oct 2001 Location: california
Posts: 7,789
| | | your property damage claim should be a separate settlement.
The 2-3 times medical billing settlement went out in the 90s.
If your own health carrier provided your medical care be sure they do not have a lien for the treatment they provided. Just because you didn't pay anything for the treatment does not mean your health plan won't come after you for reimbursement if you settle with the other driver's carrier. That $2k settlement may mean nothing for you if your health plan takes its cut.
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01-19-2006, 01:07 AM
| | Senior Member | | Join Date: Apr 2005 Location: western U.S.
Posts: 1,834
| | | Don't sign anything that doesn't allow for the reimbursement of the paid medical expenses. You health insurer will rescind the payments they made to the medical providers as as soon as they find out the injuries were from an auto accident. So, you need to add up all the med bills, add any potential future med bills that could come from your injuries (known and unknown), add the decreased value of your now-wrecked/repaired cycle (unless it was totaled and paid off). A good PI lawyer will think of more.
You do have the right to be "made whole" (everything put back to the moment before the accident). I'd ask for a little more P&S, but don't get greedy. It's more important to be sure you won't have to cover expenses already paid.
You didn't say WHOSE insurance company is paying the damages. Was this a solo accident, or caused by another driver? |
01-19-2006, 02:39 AM
| | Senior Member | | Join Date: Jan 2005 Location: Subclavian insertion...
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Originally Posted by sav1 I'm sure that took a lot of brain power but not that's not what I'm asking? what I need to know is what else can I consider besides medical expenses? is the 3-5X's that people put out only to be used for medical expenses? | You state: Insurance wants to settle for pain & suffering, they're offering 2K.
That is for your "pain and suffering".
Your property is another matter....
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