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  1. #1
    Join Date
    Nov 2013
    Location
    Houston, TX
    Posts
    3

    Default What Compensation Should You Get for Whiplash

    My question involves an injury that occurred in the state of: Texas

    I was in a not at fault accident. Total damage paid was 5K for the car and 10K for medical bills. (ER / XRays / MRI) My health insurance covered all of my medical bills. The other party insurance company sent a settlement offer of 5.5K of which 5K would be paid directly to my health insurance and the rest paid to me for pain and suffering, lost time, etc.

    I suffered whiplash, a day off work, 7-10 days of soreness, and dealing with the whole inconvenience of the ordeal. Also, the event has me spooked now thinking someone is going to hit me every time I am driving. I have read that generally lawyers will ask for a percentage of the total medical bill costs for PI of which mine were 10K but their insurance company is saying should be 5K. (They included a peer review) I would like to get feedback if possible on whether I should take this settlement offer or if I should stick with the original medical expense amounts to determine a PI figure?

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Settlement Offer

    What specific injury did you sustain? Why do you think your health insurer will be settle for half settlement when additional money was paid out.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,671

    Default Re: What Compensation Should You Get for Whiplash

    Quote Quoting yamafx4dude
    View Post
    I suffered whiplash, a day off work, 7-10 days of soreness,
    How did you end up with $10,000 worth of medical bills from a really minor injury?

  4. #4
    Join Date
    Oct 2006
    Posts
    15,123

    Default Re: What Compensation Should You Get for Whiplash

    Quote Quoting adjusterjack
    View Post
    How did you end up with $10,000 worth of medical bills from a really minor injury?
    I dunno...I ended up with 12k worth of medical bills for an ambulance ride and a 5 hour stay in the ER...due to chest pains which resulted in a diagnosis of nothing...sigh. That wasn't much more than six months ago. I an easily see an ER visit with X-rays and an MRI reaching 10k.

    Come on adjusterjack...you know how it works. You get billed by the hospital, the ambulance, and you get a separate bill for every single person that gives you even 2 minutes of their time in the ER.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: What Compensation Should You Get for Whiplash

    You will be lucky to get the medical bills paid. Soft tissue injuries are rarely collectable.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,671

    Default Re: What Compensation Should You Get for Whiplash

    Quote Quoting llworking
    View Post

    Come on adjusterjack...you know how it works. You get billed by the hospital, the ambulance, and you get a separate bill for every single person that gives you even 2 minutes of their time in the ER.
    Yes, I do know how it works.

    I suggest that, before you agree to a settlement, you contact everybody you got a bill from and ask that they cut the bill in half and waive the other half (in writing).

    Lawyers do that all the time.

    The theory being that they get paid now or you don't settle and they never get paid.

    Obviously, you take the chance of getting sent to collections or being sued but, if that happens you can file bankruptcy.

    The other option is to hire a personal injury attorney.

  7. #7
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: What Compensation Should You Get for Whiplash

    The appear to have already been paid the R&C by the insurer who usually is in a much better negotiating point. It's the insurer who now wants their reimbursement and I don't see why they would be inclined to negotiate a lower amount.

  8. #8
    Join Date
    Nov 2013
    Location
    Houston, TX
    Posts
    3

    Default Re: What Compensation Should You Get for Whiplash

    How can the insurance company offer me a settlement against an offer they mailed to my insurance company? My only reasoning is that they want to lower the actual medical expense amount so the calculation that is payable to me is lower. Im not trying to profit off this I just want what is fair. The offer they made to fix my car, repairs ended up costing twice as much when I brought my car to my own shop. So naturally I assume they are doing the same thing with the PI claim.


    PI lawyers don't show any interest in my case.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,830

    Default Re: What Compensation Should You Get for Whiplash

    Quote Quoting yamafx4dude
    View Post
    How can the insurance company offer me a settlement against an offer they mailed to my insurance company?
    This isn't the psychic friend's network. You have told us nothing about the offer, nor were we parties to any communication between your insurance company and the at-fault driver's. The answer may be that you somehow prevented a settlement for a higher amount, and the at-fault driver's insurance company is no longer interested in offering the higher amount. We can only guess.
    Quote Quoting yamafx4dude
    My only reasoning is that they want to lower the actual medical expense amount so the calculation that is payable to me is lower.
    They can offer you whatever they want to offer you for your injury, no matter what the medical expenses are. You could have a $1 billion medical bill and they would be free to offer you a penny.
    Quote Quoting yamafx4dude
    The offer they made to fix my car, repairs ended up costing twice as much when I brought my car to my own shop.
    If you chose to use your own shop rather than one that was prepared to complete the repair for the amount you agreed was a full and fair settlement for your damages, that's the result of your choice either to accept a settlement that was too low or to go with a more expensive shop instead of one willing to complete the repair for the quoted price.

  10. #10
    Join Date
    Nov 2013
    Location
    Houston, TX
    Posts
    3

    Default Re: What Compensation Should You Get for Whiplash

    My health insurance is asking their Auto insurance to reinburse the medical bills, 10K total. The auto insurance is offering my health insurance 5K and me 500. What if my health insurance refuses and what if they don't?

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