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  1. #1

    Default Auto Injury Claim - Insurance Company Wants to Settle

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

    Short summary-
    - I was hit in May 08 by a woman from CA visiting in VA and driving a rental car.
    - Police deemed her at fault on the scene.
    - My car was totaled - that settlement is complete - no problem.
    - I sustained a knee injury that required ortho surgery to correct - all follow on care / therapy complete. The medical bills have been paid by some combination of my auto insurance company, the rental car insurance (lets call them Insur-A as they are primary) and the woman's insurance company (Insur-B).

    My situation:
    1. It appears that the rep from Insur-B is the only proactive person working the case.
    Insur-B rep requests to meet with me to "settle up". She would not discuss numbers over the phone (I thought that odd) but wants to lay it all before me in person. I expect that the Insur-B rep will offer some settlement amount to forego any future medical claim I might lodge and to cover my "pain and suffering" from the whole ordeal.

    2. She has also been in contact with Insur-A company (the primary carrier in this case) and expects that they will settle with me for their coverage limit (approx $20K less about $1,500 to cover payment not covered by my auto insurance company).

    My questions:
    I am (needless to say) new to all this and ask what I should expect. Are there any pitfalls that I should avoid?

    My knee was repaired back in Aug 08 and the recovery has been satisfactory. I am an active guy and figure the window to claim anything further against the auto accident is/has expired.

    Are there any standard tables that show what amounts I should expect to receive?

    Thanks.

  2. #2
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    Default Re: Auto Injury Claim - Insurance Company Wants to Settle

    There's no magic number, and no "standard table" full of numbers to tell you how much to demand. You negotiate for what you believe to be fair and appropriate.

    The adjuster presumably wants you to make the first offer for settlement, so she can gauge your reasonableness and negotiate down from that amount. You want her to make the first offer, for pretty much the same reasons (except, of course, you would be negotiating up from that amount).

  3. #3

    Default Re: Auto Injury Claim - Insurance Company Wants to Settle

    Thanks for the response.

    I did just that, let her make the first offer. Long story short - settled for $26K after some haggling.

    I thought about going the lawyer route, but as my injury was a simple torn meniscus that was repaired 9 months ago and the recovery was very good - I figured that I got all of the primary's limit of $20K plus an extra $6K from the secondary - I would call it a day.

    I figured that the "self-life" of my case was pretty limited and I honestly have had no other ailments from the wreck. The impact did not even deploy the airbag. I am not here to game the system, just get what is normal - and that seemed generous enough to me.

    Maybe I lost out on some extra $$$, but a lawyer would have had to have upped the price a lot more for me not to loose money on their fee (1/3rd - ouch!). Thanks for a good forum - read a lot of entries and learned enough to be at least a little bit informed. Bottom line - I am satisfied.

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