Century 21 lowballed me a settlement

[jstempi]

California-

I was in an auto accident where the other party turned left in front of me (from the middle lane even thought I don’t have an “independent witness” to prove it) and totaled my car. Century 21 here in California called me to settle the injury portion of my claim and made a silly offer of $400 a piece for my wife, my son and me. I denied it indicating that he didn’t even know what my medical bills were going to be since we went to the ER after the accident to get checked out and they took x-rays (which were negative). We got pain killers and muscle relaxers but I was miserable for a few days and my wife was very miserable for 2 weeks and I have pictures or bruising to show it. My son was irritable for a few days and a bit traumatized. I couldn’t take time off work since I was working on an urgent project, but I eventually had to take a day off to recoup and get some errands done that had been put on the back-burner since my wife was laid up for 2 weeks. Anyway, this is my first accident where there was injury and subsequent pain and suffering. I was just wondering what some people’s thoughts were on monetary settlement for the pain and suffering…my out-of pocket expenses have been reimbursed and I obviously plan to make them pay for hospital bills, but other than those miserable two weeks we haven’t had the need for any follow up visits. Any advise would be appreciated.

 

[stephenk]

how much are your medical bills? did your son (how old?) get seen by a doctor? did your wife get any medical treatment or therapy during the 2 weeks she was feeling miserable?

 

[jstempi]

I’ve only paid co-pays thus far, which have been reimbursed by my insurance. I am getting the real bills from Kaiser to see what they will bill Century 21. From what I hear from a friend in the medical field, since all three of us saw a doctor in the ER, my wife and I had X-rays taken there, and my wife had a follow-up visit, it will be around $2000. But you never know, it could be more or less by a lot. We didn’t do any therapy, just got meds for pain and needed time for bruising to heal. My son was about 17 months old at the time of the accident.

 

[xavier2000]

If your med bills are ~$2000 and there was some pain and suffering, I would ask for a multiple of $2000. Not too high of one since the P&S was relatively minor....that is not to diminish what happened, it is just how P&S is "priced". I think the insurance company should jump at anything at 4 or under as it would cost them that much just to file and answer in court if sued.

 

[stephenk]

your son will most likely be offered the cost of his exam since it is reasonable to get him checked out.

For your wife and yourself, it is hard to determine any real evidence of injury since you did not need any treatment other than the initial ER visit. Feeling bad for a couple of weeks without seeking medical care is not really worth that much.

However, don't wait for Kaiser to send you a bill. They won't. They are the worst in providing bills for treatment.

An offer of $400 for each of you in addition to paying your medical bills is not that far from the reality of your case value.

Plus, the other carrier is 21st Century not Century 21 (real estate agency).

 

[jstempi]

I appreciate everyone's input. I am a little dissappointed and confused about some of your reaponses though. Xavier’s thoughts seem reasonable. I think I’ll go with three times the total bills or something like that if they are ~$2000 and then maybe let them talk me down a bit.

Stephenk, your thoughts on the value of my case don’t make much sense; however, you are right about the company name and I did take your advice and Kaiser sent me stuff so I can request a bill. I see that you are a senior member with many posts, so you must have some experience and a good amount of knowledge. However, my wife and her parents were in an accident a few years back and got $1,500 each for P&S and they didn’t have pictures of bruising, weeks of suffering, or even one follow-up visit like my wife in this accident. Additionally, my sister-in law got a $1,500 settlement for P&S without any of these issues. I think $400 for my having to go trough all this is laughable, $400 for my wife having to go through what she did is offensive, and $400 for my son just doesn’t make sense compared to the other accidents’ settlements I mentioned. Additionally, I spoke with a friend who is an adjuster with AAA who laughed at their offer, especially considering 21st Century didn’t even know what my medical bills would be.

The following is a summary of how this accident affected us, not to mention all the wasted time dealing with the claims and the jerk who hit me not reporting the accident to his insurance at all:

• Son had a traumatic experience and was screaming after the accident, was clingy for several days (due to the trauma I believe) but was not able to be held by mother due to chest injuries, lessening of bonding with mother for the two weeks in addition to not getting the comforting he wanted subsequent to the accident due to mother’s injuries.
• I had a throbbing bump on my head for several days, was stiff for several days, had to commute 60 miles a day and work in that condition for that period of time, spent my vacation day (presidents day monday) in the ER and in pain, and subsequently took a day off to clean house and do things wife normally does but couldn’t (at $60k per year salary).
• Wife was bruised all over her legs, stomach and chest, arm and neck hurt and had headaches, wasn’t able to do her normal daily homemaking for 2 weeks, could not hold her son because her chest hurt so much, was sore, in pain, and was generally miserable for 2 weeks. Had to watch son and nephew in this condition.

Do you still think $400 each is reasonable? If so, why?

 

[jstempi]

bump.

Please, has anybody had similar pain and suffering and gotten a settlement.

 

[Starry809]

dont know if its similiar:
car accident
1200 in damage to my vehicle.
ER visit for mom, MRI's, Cat Scans, and traction device for a few weeks.
10 month old, 1 year old and 4 year old no injuries, except scared to get into vehicle for a few times.
15 year old and 10 year old, no injuries.
several thousand in doctors bills.
mom couldnt carry babies for a month, including taking infant upstairs to bed, or retrieving him in the morning.
arm in sling for a short time, 12 week headache, no further damages.

settlement.. I will get maybe 2 thousand after all bills paid (and this INCLUDES over 700.00 in lost wages. ) total pain and suffering for family involved (6 people) 200 bucks each. I feel fortunate to get that.

bump.

Please, has anybody had similar pain and suffering and gotten a settlement.

 

[jstempi]

Wow, that is just nuts. $200 each? Maybe you feel fortunate, but I wouldn't feel adequately compensated. I give up, I dont know who you people are or where you live, but everyone I've talked to here in California (not online) indicate much larger settlements. Maybe $200-400 is a gold mine for you guys, but it is chump change to me. I feel fortunate to be alive, but its going to take more than $200-400 to compensate me for my family's pain and suffering.