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Trying to settle

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raum3803

Junior Member
What is the name of your state? California

I was in an accident 4 months ago. The other driver ran a red light (that had been red for at least 5 seconds) and slammed into the front driver's side of my SUV ahead of the driver's side door at about 30mph. My car was totalled, I had two nasty cuts to the side of my face which required 9 stitches. So it was clearly the other party's fault and the police report supports that even though at the scene, the other driver said she had a green (contrary to witnesses). The doctor's diagnosis at the hospital was a concussion, neck sprain, and lacerations to the side of my face.

My car was totalled, and the insurance company has given me a check for that. The car has been replaced now. My medical bills from the ambulance, hospital, stitches, follow up visits all totalled about $1500. My mother spent about $650 (round trip) to fly from Texas to take care of me for the first few days after the accident. I missed a week of work, so that cost me about $1100. I have two scars on the side of my face (less than 1 cm from my left eye that I'm hoping to fix with some scar-removal plastic surgery.

A few weeks ago I faxed a demand letter to the insurance company since I hadn't heard anything from them, and I wanted to get my hospital bills paid. I had given the hospital the claim number a few months ago, but they apprently didn't pay it. As a result, i was getting collection letters from the hosptial, so I eventually paid the bills myself. With a total lost wages and medical bills of about $3500, I was hoping to get about $15k settlement. Knowing that they would lowball me, I asked for 22.5k. The response I just got back today was 6k. They just took my medical and wages lost and multiplied it by 2. With neck and back injury I was hoping for something 2-3 times their offer. What complicates things a bit is that the other party and I have the same insurance company. I could try to get some money out of my own Personal Injury Protection coverage, but it really should come out of the other party's insurance.

I know people may be reluctant to give settlement estimates, but I'm wondering if I should involve a lawyer yet because of the large difference in settlement offers. And are my demands unresonable? My argument is that with neck and back injuries, these injuries could be lingering and permanent. I had dizziness, headaches and backaches for the few months after the accident, and right now, I'm not even sure if I'm 100% at times. The scar is another issue too and can be cause for 'pain and suffering'. I want to have at least enough to cover the scar removal surgery and some more for my mental anguish. I'm not even sure if the $6k would cover the scar removal surgery. :(

Sorry for the long post. Thanks in advance for any advice given.
 


moburkes

Senior Member
In what state do you live, that you have your own PIP coverage? CA only offers medical payments coverage. If you'd like to "fight fair", you'll need to hire an attorney.
 

raum3803

Junior Member
In what state do you live, that you have your own PIP coverage? CA only offers medical payments coverage. If you'd like to "fight fair", you'll need to hire an attorney.
I moved to California from Texas in late June, the accident happened in late July. I hadn't switched my insurance over at the time since I didn't get settled into an apartment until after the accident.
 
I

ISUE4YOU2

Guest
Without the scars and revision, its probably worth $6,000-$8000. Why don't you get a consultation from a board certified plastic and reconstructive surgeon and set the bill and report, and before and current photos photos, to the insurance company with a renewed and reafffirmed $22.5K demand?
 

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