LAWYER QUESTION-->

[SoCalYo]

A few weeks ago I posted a thread regarding my mom's involvement in a (non at fault) auto accident. She doesn't have full coverage auto insurance, just the required liability so her insurance company didn't get involved and we are having to handle everything on our own.

After months of going back and forth with the other drivers auto insurance company they finally are accepting liability for the accident and are making an offer to pay for the damages. She was told to submitt a request on what she thinks is a fair amount for the auto damages and any pain and suffering damages.

My question is were can I find a sample of a letter of what a lawyer would draw up to do this and how does one justify an amount for pain and suffering? We are trying to settle this without bringing in a lawyer first. Thanks!

 

[buddy]

25 years ago, I was told by an attorney any pain and suffering damages $5,000 or less was considered a "nuisance fee".

Sorry, I couldn't be of more help but I'm pretty sure you'll find the expertise you need at this site.

 

[SixFive]

pain and suffering = three times medical bills (I think that's pretty standard unless you're talking about paraplegia/amputation/something else horrible). I'm sorry this has taken so long. Ridiculous. Have you considered getting a lawyer? I'd at least run it by one to get their thoughts. GL!

 

[SoCalYo]

"nuisance fee"

Thanks for the reply
what do you mean by this?

SixFive - we talked to an attorney but he told us that this case would probably not be worth taking unless there was an injury involved and we were better off working directly with the insurance company. But that was just one attorney's opinion.

 

[oldschoolcapper]

get 3 or 4 estimates and present the highest 2 to the insurance company.

if it was a hard-impact collision (at least 35 mph) you can justify asking for a couple thousand there.

besides that, if there are no med. bills it is hard to get anything else. However, something small like an ER visit shortly after or a check-up at her Dr. shortly after will justify 3x her medical bills (maybe more depending on how liberal the county is in which the accident happened)

osc

 

[SoCalYo]

get 3 or 4 estimates and present the highest 2 to the insurance company.

they are paying out the car as "total loss" cause the cost to repair is more than the car value.

At this point my biggest concern is writing a formal letter that outlines the damages, (use of loss, auto damage, pain and suffering, etc.) to the insurance company to settle out.

I'm hoping there is a form or a sample of a letter that I can use, similar to what an attorney would send them.

 

[oldschoolcapper]

just do it in a bulleted format. make sure they add taxes that you will have to pay to the value of the car.

lay out what your damages are then

bullet X number of dollars for car

X for ER visit and any applicable meds

X for pain and suffering, lost wages, missed time from work, hard impact, loss of use of car for however long.

it doesn't have to be too formal just clearly list what you are asking for. add some to each number so you can have some negotiating room.


osc

 

[ScreaminPain]

You will probably only get "pain and suffering money" if you are currently seeing (or have seen) a doctor or therapist for pain related to the crash. The amounts can then be arbitrated beyond the
actual expenses. In Calif. you can begin at $10,000, but you'll need to have doctors verification or their lawyers will beat you down.

Their concern will be for you to sign away any claim to future liability. Be very careful before you sign anything that will prohibit you from collecting for medical bills in the future....ie recurring back or neck pain.

Recovering actual expenses is the easy part, but convincing them that damages should include "pain and suffering" is more difficult. They will offer a settlement if they think you may have an ongoing medical problem that would ultimately require more money from them.

It's going to be a tough go for you without an atty, but it's not hopeless and persistence is paramount. Document EVERYTHING!

Good luck

 

[MadJack]

browse around here for some help

www.findlaw.com

 

[D-Rock]

3 x the meds is False. Example why. Person A and Person B are in the same vehicle. Their vehicle is impacted from the rear. Both A and B are claiming injuries. Person A sustained soft tissue injury (neck and back) seek treatment from Emergency Room and then go to a quackaback (chiropractor) and their meds total roughly $10,000. Based on the 3 times the meds that would be a $30,000 settlement. If Person B sustained fractured ribs then basically the only treatment that can be rendered is er visit with xrays a total of approx $2000. Based on the 3 times the meds that injury is worth $6000.
You can't be honest with yourself and say whiplash is worst than fractured ribs.

Basically don't believe the hype.

It truly depends on the nature of injury and not how many times a quackaback can rip off an insurance company. It also depends on demographics. Certain states provide substantial higher verdicts than other states.

As far as a sample letter that is not always necessary. A claim or an offer can be verbal. Based on my experience have the adjuster extend an offer first and see where they are and play "dumb" and basically use the position you are testing unchartered waters and looking for their guidance. If you can obtain where they are standing without showing your hand you will be in a better position.

Oh yeah - it also depends on who the adverse carrier is. If it is one of the big 4 they have a program (ex: Colossus) that has the ability to "spit out" pain and suffering ranges.

My last advise - do not seek counsel to represent you at this time. Why give them one third?

 

[buddy]

In my case, there were medical bills involved. I'm
guessing there have to be medical bills involved before it can even qualify for "pain and suffering".

I'm not exactly sure what he meant by "nuisance fee". Maybe the insurance company is willing to fork over a maximum of $5,000 if you're willing to go concoct an injury story (Whiplash - "Oh, my back!) and go through all the rig - a - ma - role.

 

[oldschoolcapper]

D-Rock,

3x meds is very true in most states. There is a bit of a sliding scale depending on amount of damages and what type, but 3X is a safe rule of thumb, which is exactly what SoCal asked for.


osc

 

[SoCalYo]

great info. thanks guys, I have a better idea of were to start. I posted this on two law related forums and got more usefull info here. :thumb:

After talking to the agent today it sounds like they want to work something out ASAP. Obviously the number$ they are thinking are substantially lower than we are going to request but still have no clue how to come up with a legit number for pain and suffering related stuff. Mom's going to on-going therapy for neck and hip related injuries, has no car or rental from them and has to ask a neighbor for rides. I assume this falls under "Pain and suffering". thanks again.

 

[THE KOD]

great info. thanks guys, I have a better idea of were to start. I posted this on two law related forums and got more usefull info here. :thumb:

After talking to the agent today it sounds like they want to work something out ASAP. Obviously the number$ they are thinking are substantially lower than we are going to request but still have no clue how to come up with a legit number for pain and suffering related stuff. Mom's going to on-going therapy for neck and hip related injuries, has no car or rental from them and has to ask a neighbor for rides. I assume this falls under "Pain and suffering". thanks again.

........................................................

Not sure if you have the time but I would advise you to run to a lawyer. Pay 500 bucks and you will have it returned to you and alot more.

They want to settle fast for a reason. They have admitted fault. They would much prefer to work this out with you and your family. Believe me they don't want you to get no lawyer.

Injuries can show up months or even years after a accident. Expecially in older adults. Serious things with neck and spinal pains that can go on for the rest of your life. That is the pain and suffering part. It is not so much what the persons involved in the accident have gone through up to now, it also centers around what they could go through down the road. At that point you and your family foot the bill.

If they can get you to sign off early, they are off the hook. You will no further recourse.

And they want to do it as cheaply as possible. Don't fall for that rat trap.

Patience is key here. You have time on your side. Do not give them any information or sign anything from them until a trusted attorney reviews it.

Get one and let him/ her write the letter. You will have input as to what decision will be made. You pay them. The lawyer works for you.


The best way to find a good attorney is to ask your friends and family who they have used.
That is the easy way, because you will know you got a good chance.

If not interview about 3 and find one you feel good talking to .Make sure you feel comfortable with the person. They will tell you what chance you have and give you a idea of how to proceed.

If not move on to the next one. Just hope you dont run into Eddie Haskells office on a fluke.

It will reduce family stress and your mom can stop worrying about it.

This is a time for legal representation.

Its what makes America great.

 

[buddy]

I agree with what Scott - Atlanta just said.

If they said they're in a hurry to settle, well, they just let the cat out of the bag.

Consult an attorney.

ASAP.

 

[buddy]

one caveat....

I'd do a little shopping for an attorney.

Knowing the insurance company has already accepted blame for the accident lessens the work load for the attorney. All he has to do is negotiate a settlement for pain and suffering.

I might be willing to offer an attorney 30% of the pain and suffering compensation only.

 

[SoCalYo]

thanks for the input Scott. Without getting into actual numbers I submitted what I thought was a fair offer that would compensate my mom, which is a lot more than what she expected to get and even though they had actually bluffed at first and then later revealed what they were offering to settle (which is about 75% less than what we are asking for), I went ahead and put together a letter asking for X amount higher than what we thought she should get with a high enough cushion for a counter offer from them.

The first reaction I got from them on the auto damages asking price was positive, cause they agreed to payout the car as a total loss and pay for any recent repairs and let us keep it, but still waiting to hear on what they will say on the pain and suffering amount asked for. For some reason they have two different departments that handle each part of what we are asking for and will decide separately on this.

Since I know any attorney is going to ask for 1/3 of the damages paid out, we are hoping to work this out on our own. We are not trying to make any money out of this just get paid what we think is a fair amount, that's why we feel comfortable if they agree to pay for what we are asking for. If they choose to counter lower than what we think is fair, then we will seek the advice of an attorney.

Really appreciate the great advice received here.