Needing some advice for son's auto accident

What is the name of your state? Ohio
My 17 year old son was involved in a car accident back in March 2007. He was coming home from school and it had started to snow, the roads were getting slick, there was a pickup truck in front of him and he watched it go off the road and into the ditch. My son then pulled off the side of the road turned his four ways on, got out of his car to make sure that the woman was okay, she was and he decided to wait with her until the police arrived making sure she was okay. My son was standing in front of his car when another car smashed into the rear end of his car causing my son to fly up into the air bounce off the hood of his car and land in the ditch. The police man on the scene was not very helpful and very arrogant, he was a juvenile office only dispatched to help out and did not have knowledge of how to handle an accident scene? My son was taken to the hospital in the ambulance and treated as a trauma victim. He suffered a severe sprain of his ankle, which ballooned for the next several weeks and was also infected from not being properly treated. He also had to go to therapy for this leg and was on crutches for over a month. He missed a month of school and a month of work. My total medical bills and expenses were around $9,000. His car was totaled. The kid that hit my son was not sited for various reasons the main reason being that the cop on the scene knew him.
My son's treatment ended in May and I have just received an offer from the insurance adjuster of $15,000 minus the $2,000 due back to the insurance company leaving me $13,000 and I still have $3,000 worth of bills that I have already paid. I feel that this offer was like a slap in my face. How do I go about making the adjuster realize that this is an unfair amount and how do I go about getting what it is worth? Any advice would be helpful, I have all the pictures from the scene of the accident, a diary that I kept from every day that I took care of him, and all the medical bills. Thank you in advance for any help or advice you can give.

Kim

Tell the adjuster that he is way off, and to come up with a better offer. If you have some idea of what you'd like, add a little and throw that number out to the adjuster. See what he counters. If he's no where near what you'd like tell him your next call will be to an attorney, and follow through if he still won't give you what you need! I don't think that a badly sprained ankle is going to get you a huge settlement, but you have to decide what you think it's worth! (I'm assuming that you paid the $9000 out of pocket, plus still owe the $3000 for the medical bills!)

I still can't figure out your math! is the $2000 for your sons car that was paid for by your insurance co? So that would leave $13000 for the medical bills which are $12000. Is that right?

You should not be getting one settlement for both property and medical, you should be getting 2 separate checks. Is $15k the entire policy limit available for bodily injury for the other driver?

use your diary

You said you kept a diary. this is VERY good. That is crucial proof of the events. One thing that you should also consider, is that ALL lost wages are able to be recovered, along with damages for missing school, if you can prove that it disrupted his prior schedule (ie. summer school was needed, or had to repeat grades, or delay graduation, since he was 17).

I was in a bad accident in 2001, yet it doesn't sound nearly as bad as what your sun went through. I hired an attorney, and I received two settlements. One for my totaled car, which no attorney can touch a dime of, and one for medical bills, pain, and suffering which totaled $19,000. Of course, the attorney took his typical 33%, however without that attorney, I would have likely been offered $5000.

Insurance companies are not in the business of paying out money. They are going to try to low ball you any way they can. You need to counter their offer with a much higher figure (with the understanding you will settle for less, of course, but don't tell them), this tells them you mean business, and that you are offended by such a paltry amount, given the pain and losses your son suffered. A good method for this, is take the medical bills, and use a common formula that attorneys use. Multiply the only the medical bills (all of them combined) by 5. so if there was $9000 in bills, tell them you will settle for $45000. Of course this is a ridiculously high amount, and they will never go for it. Consider that you SHOULD settle for roughly 2.5 to 3 times the medical bills. Anything less, and you get yourself an attorney. They'll take the case on contigency (you don't pay unless you settle). The fact you have a diary will put a smile on your attorney's face and should make your case move along smoothly.

Good luck!

Reply

Justapal:
The Total Medical Expenses Were Roughly Around $7500.00, Other Expenses Such As Glasses Replaced, Lost Wages, Were The Remainding $1500.00 Totalling The $9000. The Adjuster Has Offered A $15000 Settlement Minus $2100 Which He Must Pay Back To My Health Insurance Company(anthem) For Processing The Medical Bills. I Still Have $3500 In Unpaid Bills Which I Will Also Have To Take Off The Remaining $12,900. This Will Leave My Son With About $8500 For Pain And Suffering For A 3 Month Period Of His Life. In My Opinion It Is Not Enough, Am I Wrong To Think It Is Worth More?

Reply

His Car Was Also Totalled And That Has Already Been Settled About A Month After The Accident He Got A Total Of $2500 For The Car.

Ecmst12

No $15k Is Not The Limit His Policy Carries Well Over $100k. The Reason I Know This Is That My Auto Insurance Has Already Checked It Out The He Had More Coverage Then I Had.

Thanks for the dollar amount clarifications. On my earlier statement about amounts and the like... You can't include lost wages or glasses, etc into the equation for pain and suffering. From what I read, you had $7500 in medical. You'd be looking at $8500 for pain and suffering? Well, as I said, I'd settle for 2.5 to 3 times the medical. since 8500 is already a little more than one times the medical, and $6500 less than a factor of 2 times the medical, you shouldn't have much problem with first shooting high, and settling on a decent amount around the $18000 mark (for pain and suffering). Like I said, aim high, knowing that you'll never get it, and let them come down to something you do feel is acceptable. think of it like buying a car. They know an attorney is going to cost them more in the end, so they'll first try to avoid that route by scaring you into thinking you'd get even less than what they're offering after the legal fees... don't fall for that. Just tell them you spoke to an attorney friend (make-believe), and they assured you that there isn't a chance you'd get less even after the fees if you hired an attorney. You might be able to find a lawyer willing to sit down with you at no cost to at least look at the figures and tell you what you MIGHT be able to achieve with his or her help.

Just tell them you spoke to an attorney friend (make-believe), and they assured you that there isn't a chance you'd get less even after the fees if you hired an attorney.

Click to expand...

That isn't going to influence an insurance adjuster. They evaluate the claims and often stick to their guns unless their hands are forced by having to deal with a lawyer. You may be able to negotiate and get a bigger settlement on your own, but don't try to claim that an attorney told you x, y or z unless one really has.

You might be able to find a lawyer willing to sit down with you at no cost to at least look at the figures and tell you what you MIGHT be able to achieve with his or her help.

Click to expand...

Now, this is extremely likely and would be a good idea.

Don't type in all caps.

What do you think you have to pay your insurance back $2000 for?

reply

sorry about the caps. My health insurance paid $2000 on my sons medical bills, so the insurance adjuster states that he has to pay my health insurance back for that amount.

Ah yes that is true. I thought you were having to pay the auto insurance back or something.

I do think your son should consult an attorney before settling.

Re:approaching Ins Adjuster

Thanks for everyone's help. So how do I go about approaching the insurance adjuster? Do I just come out and tell him what I think the reasonable settlement should be or should I let him give me a figure first? Should I tell him that I am seriously thinking of seeking legal counsel?

Thanks!
Kim

Do you know what a reasonable settlement is? No one can tell you what is might be without reviewing and evaluating all of the facts. Go see an experienced personal injury lawyer who can evaluate your son's case. The consultation will probably be free and you will learn something.

Negitiating is an art, and you may want to hire a professional to do in on your son's behalf. Again, it is not something that a person on an internet forum who does not have the facts can tell you how to do successfully.