Bodily Injury Settlement Process

[mistaP]

Because he doesn't have to.

Why, then, do you suppose that he made an offer to me in the first place? If he doesn't have to attempt to settle, then what is the motive to do so... the threat of litigation? Thanks.

 

[ecmst12]

Now you're getting it.

Of course, it has to be a CREDIBLE threat - from a lawyer.

 

[mistaP]

Technically he has made a counter offer. His counter offer was $0.

Mr G..., let me re-phrase. Our counter-offer to you is our last offer
to you....$11331.00.

Without additional medical evidence, or a reasonable counter-demand from
you, we believe the most prudent course is to hold at that amount.

Thank you.
M... F..., AIC, Claims Representative-Field

Technically, you were only off by $11331.00

 

[ecmst12]

Same difference.

 

[Shadowbunny]

Same difference.

Now, grant you, math was never my strong point, but since he was first offered $11,500, and now, after his negotiations, counter-offered $11,331, doesn't that mean OP LOST money since the first offer?

 

[ecmst12]

That's what you get for making unreasonable offers.

 

[mistaP]

All of the figures that I have quoted throughout this thread have been "ballpark" figures that I was quoting from memory. The last figure, $11331, was specific b/c I cut/pasted directly from adjuster's email.

 

[You Are Guilty]

See, your mistake was only asking for $135k. Had you asked for $1.35 million, you'd have a lot more room to "come down" with in your demand. At this point, if you can get the adjuster to add the "new" medical to the offer, that's probably all you can realistically expect. They are not going to go anywhere near your number absent a lawsuit (and probably only after losing a summary judgment motion) and even then, their offer will not be increasing 10-fold.

 

[ats2009]

if you want to get what you deserve
consult with a lawyer.

the person who had accident with me at 10 mph

got all her so called medical bills including transportation to doctors from no fault
the 75,000 the lawyer got her was for pain and suffering
she never even had to go to court

consulting a lawyer should be free

get their advise.

 

[ecmst12]

Stop harping. The person you hit was seriously injured, regardless of the low speed of the accident.

 

[ats2009]

not harping

just trying to show this person who was injured that they deserve more

and will get it with help of a lawyer.

 

[mistaP]

See, your mistake was only asking for $135k. Had you asked for $1.35 million, you'd have a lot more room to "come down" with in your demand. At this point, if you can get the adjuster to add the "new" medical to the offer, that's probably all you can realistically expect. They are not going to go anywhere near your number absent a lawsuit (and probably only after losing a summary judgment motion) and even then, their offer will not be increasing 10-fold.[/QUOTE

]

Nonsense aside, I did not realistically expect 135k anymore than the adjuster thought I'd accept 11k. But we both try because sometimes people actually pay sticker.

Let's see how my math is: original offer = 11.5k meds=2.2k wages=5.4k
11.5-5.4= 6.1. 6.1/2.2= 2.77 (multiple of meds offered as p/s). 2.77*4.8= 13.5k + 5.4 (original lost wages) + 9.4 "new" lost wages = $28,300 more or less.

 

[ecmst12]

So you go back to the adjuster and say "sorry, did I say $135k? I meant 35k! Let's start from there."

You still have no lost wages in the objective sense.

 

[mistaP]

So you go back to the adjuster and say "sorry, did I say $135k? I meant 35k! Let's start from there."

You still have no lost wages in the objective sense.

REALLY! Objectively, if my head had not been smashed by a sleeping driver's Lincoln, I would not have needed to miss any work. Is not the aim of the law to return me as close to where I'd have been had the wreck not occurred?

To this point not even the adjuster has disputed that I am due recompense.

 

[ecmst12]

I explained why you do not have lost wages. You are due compensation for your lost vacation time, but not dollar for dollar like you would if you had been unpaid for the time. I'm not explaining it again. Accept it or don't.