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Demand letter or wait?

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Kailef

Junior Member
So I live in the state of Kentucky, which is a no fault state.

On January 29th I was on my way back from an appointment. I was a block away from home where I came to a dead stop slowly and put my blinker on about a block away to give drivers behind me fair enough warning. I had to wait for an 18 wheeler to drive by since I was turning onto my block. The driver behind me stopped, but the driver behind them didn't. It caused a 3-car fender bender accident. The driver behind me was not at fault and after filing claims, the other driver's insurance paid for the damage on my car.

I've given only a little information to the other person's insurance who said I was entitled to a settlement for pain and suffering. I gave him the okay to get reports from my doctor, physical therapist, and anyone else.

So my treatment is finally over. It took over a month of therapy and I'm still not permanently fixed. I can't be fixed and I will be the first to admit that I had back issues prior to the wreck, but it seems to have aggravated it enough that I've had to make permanent changes in my life. I used to be able to sit for hours on end. I could sit all day. Now I'm at the point where the pain is excruciating that I've had to make adjustments at work and instead of working a 4-8 hour shift, I have had to work a split shift now since I can barely tolerate 2 hours of sitting at one time.

I'm not looking to break the bank here. In fact, this is my first time ever being in a wreck where I had to be taken to a hospital by ambulance. I never even heard of pain and suffering entitling someone to a settlement. I'm not looking to get rich from this and not looking for 10's of thousands. My care barely even had a scratch that the repair shop I've went to several times said it was around $800 dollars and it was mostly just a touch up paint job.

I also know that the other insurance claim people will look at my medical history and see of the previous back issues I've had for 20 years prior to the wreck. Again, I am not looking to break the bank. It was just an accident and a fender bender.

Anyway, my treatment is over and I was just curious about this whole pain and suffering settlement and how it works.

Do I wait for this insurance claim person to offer a settlement? Will they even do that? It's Kentucky Farm Bureau that said I was entitled to a settlement. My insurance, State Farm, set up a PIP to cover medical expenses, which has paid for the therapy, doctor visits, ER visit that day, CT Scan, Xray, and even the MRI my doctor ordered.

I just wasn't sure if I should wait to see if their insurance at Kentucky Farm Bureau will offer a settlement or if I should write up some "demand to settle" letter.

Do insurance companies typically send an offer or do they wait to see if you're demanding a settlement?
 


adjusterjack

Senior Member
You need to be pro-active on this, quantify your claim, and write your demand letter for an amount of your choosing. You can google personal injury demand letter or demand package and see formats.

Several issues you face, not in any particular order.

1 - You're likely going to get some flak from the other driver's insurance company because of your previous back problems. In the business you are known as an "eggshell claimant." Look that up for Kentucky. Knowledge is your weapon so read the following decision of the Kentucky Supreme Court regarding that issue:

https://law.justia.com/cases/kentucky/supreme-court/1991/90-sc-315-dg-1.html

2 - All the medical bills and any lost earnings paid by your PIP get included in quantifying your claim because your PIP has a right of reimbursement out of your settlement. It's called the "collateral source rule." Look that up for Kentucky. It's also addressed in the decision I provided above.

3 - Since you chose No-Fault coverage you have to be aware of the statutory threshold addressed by KRS 304.39.060(2)(b).

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30030

You say you don't want tens of thousands and you don't want to break the bank. Well, there's no way of knowing what your chances are until you have put a number on your damages. Aim high, the insurance company will low ball you, and you may need an attorney and a lawsuit if you can't come to an agreement that you can live with.
 

Stephen1

Member
You definitely need a lawyer (personal injury). Around here (which isn't KY) they usually take a percent of the settlement so no or limited costs to you before settlement. You are trying to argue with lawyers at the insurance company. You're going to lose w/o your own lawyer.
 

adjusterjack

Senior Member
You are trying to argue with lawyers at the insurance company.
Actually, a claimant isn't arguing with the company's attorney during the initial claim negotiation. Claim reps (and managers if necessary) don't typically refer the claim to the company's attorney until a lawsuit is filed.

Though I do agree that a claim as complicated as Kailef's should be handled by an attorney.
 

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