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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    97,984

    Default Re: Negotiating a General Damages Offer

    Quote Quoting Who'sThatGuy
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    A lot of members around on this board will say otherwise, but it is common in my area of jersey to negotiate at 3 to 4 times your medical expenses..
    "Common practice" meaning it's a number you've heard tossed around, but which has no actual authority behind it. People frequently toss out multipliers, and you can even find statistics that support basic multipliers based upon large numbers of accidents; but insurance companies use sophisticated software to produce their numbers, and there is no magic multiplier that applies to all cases, let alone to any given case.

  2. #12
    Join Date
    Jun 2015
    Posts
    25

    Default Re: Negotiating a General Damages Offer

    Quote Quoting adjusterjack
    View Post
    Bottom line:

    He don't get if he don't ask.

    I'm going to ask for $3000 and see where that gets me. If it gets me to $2000, I'll take it.

  3. #13
    Join Date
    Oct 2014
    Posts
    6,341

    Default Re: Negotiating a General Damages Offer

    Quote Quoting jk
    View Post

    The insurance company isnít going to care about your claim of the issues with your wife. They are obviously subjective and hearsay. If you sue it might be worth a couple bucks if you can show it had a serious effect on your relationship. Limiting your relations with your wife just means it happened, just not as often as you would have preferred. That sounds like every guy I know married more than 10 years.
    The insurance company may or may not care, but either way a claim for loss of consortium is recognized in personal injury cases. Note that his testimony on loss of consortium is NOT hearsay and would be admissible if the matter went to court.

  4. #14
    Join Date
    Jan 2006
    Posts
    36,773

    Default Re: Negotiating a General Damages Offer

    Quote Quoting Taxing Matters
    View Post
    The insurance company may or may not care, but either way a claim for loss of consortium is recognized in personal injury cases. Note that his testimony on loss of consortium is NOT hearsay and would be admissible if the matter went to court.
    The reduction of consortium isn’t likely to mean much unless it gets to court. I’m quite aware it has value. It’s just when it is considered valuable. Obviously the guy and wife were still able to perform. It “limited” his relations. Until somebody testified, or is at least deposed, it’s just somebody telling a story.

    As to the statement being hearsay. I was referring to her statement. If she testifies obviously her testimony wouldn’t be hearsay. If she doesn’t testify, her statement would be remain hearsay (as far as a trial is concerned). I presumed the op would be the one suing so obviously he could have his statement admitted at some point.

  5. #15
    Join Date
    Jun 2015
    Posts
    25

    Default Re: Negotiating a General Damages Offer

    Quote Quoting astranberg
    View Post
    I'm going to ask for $3000 and see where that gets me. If it gets me to $2000, I'll take it.
    I settled on $2200 general damages + $335 medical bills.

    Thanks all for your help.

    If no discussion in a day or so, go ahead and close.

  6. #16

    Default Re: Negotiating a General Damages Offer

    As a reference point, I hit a guy walking in the road not too long ago. My mirror hit his arm. No bruises, no scrapes, no broken bones, no torn muscle. He went to an urgent care facility the next day and said his arm was sore. They xrayed and found nothing. They prescribed advil and some muscle relaxers. The insurance company paid him $6500 - and that was their first and only offer (he accepted).

  7. #17
    Join Date
    Jun 2015
    Posts
    25

    Default Re: Negotiating a General Damages Offer

    Quote Quoting Guybrush
    View Post
    As a reference point, I hit a guy walking in the road not too long ago. My mirror hit his arm. No bruises, no scrapes, no broken bones, no torn muscle. He went to an urgent care facility the next day and said his arm was sore. They xrayed and found nothing. They prescribed advil and some muscle relaxers. The insurance company paid him $6500 - and that was their first and only offer (he accepted).
    That's insane. The difference is obviously him being a pedestrian.

    I'm happy with the $2200.

  8. #18
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,456

    Default Re: Negotiating a General Damages Offer

    Quote Quoting astranberg
    View Post
    That's insane. The difference is obviously him being a pedestrian.

    I'm happy with the $2200.
    And that is why auto insurance is through the roof...
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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