We aim for 3 to 5 times what the medical bills total. We just settled a case for 180,000.00. Client's medical bills were 40,000.00.

You asked if anyone has experience or advice - I have a bit of both. Most recently, it was a car-related injury of a family member and the case was handled by a lawyer friend.

It depends on your attitude and outlook. Some would see this as an opportunity to teach a lesson/make some tax free money, or alternatively others might want to bring the matter to an end so you can move on.

$2K for personal injury is (in my view) in the range of "how little can we pay you so that you'll go away?"

If you want more, you'll need to hire a personal injury lawyer and let them handle all further dealings with the insurance company. They're paid on contingency, perhaps anywhere from 25-40% of the settlement. That'll take 12-24 months to resolve, perhaps with arbitration and unlikely to involve litigation for such a small amount. Maybe you'll get more, maybe $5-$50K from that, maybe not.

Or you take the $2k and call it a day.

The PI lawyers I've known would be selling used cars if they weren't supporting themselves with their practices. Let's just say you don't find the legal profession's best and brightest doing this kind of work, those doing PI work are referred to as "ambulance chasers".

Edit for PS - Good luck. If I were in this situation, ending the aggravation would be of more value to me than money, I'd take the $2k and run. Others feel differently.

This post was edited by snidely on Tue, May 13, 14 at 17:05

Thanks. We didn't hire a lawyer in the beginning for the same reasons Snidely cites. Didn't even bother the 'in family' lawyers.

I've read that the "three times medical bills" rule is just a guess.

I'm trying to get a handle on whether this is reasonable...or not. The company was paid to insure this 17-year-old who turned our quiet Senior lives upside down -- on the day this happened and for months afterwards as we dealt with forms and mistaken medical bills, etc.

Ms. Teen's father was driving just ahead of her that day. When she hit our car he rushed to tell DH that his daughter was very upset -- DH having painfully crawled out the passenger side of our smashed car. He never asked if DH was OK or if he could assist. ("Daddy" is a lawyer.) My DH called me from the Walgreens on the corner, and *I* was first to call the police.

Might be a useful suggestion to inform their insurance company that the Dad was minimally (if at all) concerned about the guy whom the daughter had injured being in pain ... and not asking as to his condition ... but was more concerned for his daughter being "very upset".

And checking about lawyers, including asking friends for references, etc. ... but this referred rather casually, rather than making a big thing about it ... peripheral, not giving the impression of waving a big stick over their heads.

Let them know all about the pain ... and that you've had a lot of trouble from them over paper-work, medical bills being /fussed over/questioned, etc., that you are straight-forward people, seniors, not inclined to making questionable/spurious requests.

Buile up your case some. (That was NOT intended as anything like the word "guile" - must have been the keyboard!)

See if they'll up the ante some if you indicate displeasure with their original offer.

ole joyful

Thanks, O.J. When the company rep phoned I told him I'd have to run this past our attorney. "Oh," he said, "If you have an attorney I shouldn't be talking to you, but to him."

I said we hadn't employed anyone at the outset, but would still want to consult 'our attorney' before accepting the $2K offer. I suggested he send something in writing that I could present to our counsel, but he declined, saying, "Just tell him the offer."

I am picturing a guy in a cubicle in Arizona who is given a list of unsettled claims and told to make the first offer to individuals who have not obtained legal counsel. I mentioned something about their company refusing to fund a rental car when our car was not reported 'ready' until the day before Thanksgiving. (We were billed for two days of rental that the company refused to pay.) This person then asked what state we live in. Really? He had no paperwork on the claim?

I told him we are in Illinois, near Chicago. He said he'd been born here, but moved to Arizona as a kid. I said he was ahead of the rush of retirees from here who move there. He replied that he's about to turn 65 and retire. (Reinforces my idea of his job description.)

"If you have an attorney I shouldn't be talking to you, but to him."

Is a good business practice issue. It's a courtesy thing and really, it's required if you have an attorney that they correspond, talk. Not you or your husband. He can get into "trouble" "going around" (how it would be seen) your lawyer. If that makes sense!

I think 2k is a slap in the face..I mean it represents very little in monetary value. I also sy talk to your lawyer.

I would get that offer in writing. In our office, we don't take a fee out of any money "on the table" before you retain us, just out of any excess we are able to obtain on your behalf.

I agree get a lawyer, like ruthie said that is just a slap in the face. What they are offering, nothing in the grand scheme of things. Almost if to say "these are just dumb retirees, they will jump at anything" Your DH deserve more than a puny $2k. I say go for the money and get everything you can. So what if you spend it on a big vacation or stash it away to leave to your children.But I would try for adding another zero to the amount they are offering...but that is just me....because the Dad showed no concern for your DH

Oh, I understood his comment about not wanting to 'go around' an attorney. We had not retained one at the outset. I just told him I would be consulting one NOW about this offer.

Yes, the offer was sort of like being sent a chit for a free overnight at a local hotel, dinner included (taxes, tips and alcoholic beverages extra). LOL I'm being careful not to get upset all over again as I replay the entire mess in my mind!

I was amazed to receive a call-back from our local insurance office today. The agent there also laughed at $2K. He suggested a $10K counter.

So...now we have to decide if we hire an attorney to write a letter to the company on our behalf -- or if I ask DIL's attorney father or sister to do it or refer us to someone.

Thanks, all. It was very helpful to call on this Counsel of the Table when this happened, and again now!

Whew. Glad you understood

You are well within reasonable bounds on what you are planning. Sorry for your headaches.

Like I stated on your other posting, your agent should have been doing all this for you,, renting a car, seeing your car is fixed, dealing =with medical concerns. etc. Sounds like your insurance company is letting you down too--after all, this is one reason you have a insurance agent--To represent YOU!!! As for the rental car? If your agent refuses, YOU put a bill in to the other agent. Girl's fault--Her insurance pays--not yours. Don't accept any money not until you make sure there insurance pays for EVERYTHING!
Yep, been there done that and my insurance company did everything.

I wonder what it would cost the company to defend against suit. We aren't planning that, but it might help us determine a claim.

If our DS had been at fault like this when he was on our policy, I would have been waiting and worrying. It's one reason we took out an umbrella policy years ago. Maybe eighteen months of that is punishment enough?

I don't see basing a claim solely on medical costs. The fact that DH didn't sustain major physical injuries isn't the whole story. You don't expect a trip to the library for a teatime movie to include a watching a SUV bear down on and crush your car. You don't expect to have your life disrupted for months.

Refusing and fighting injury claims is a daily matter, the effort is just part of an insurance company's cost of doing business. Just like paying the monthly bills for telephones and salaries. Whether they use in-house lawyers or have outside firms under contract, facing down opportunistic people acting like they've won the lottery is required with most injury claims.

Threatening a suit will probably elicit a laugh, because the potential amount involved is too small to warrant such a large effort. The normal outcome for what you've described is a negotiated settlement, or failing that, a settlement involving arbitration.

My advice to you is to move on from how the other party did or didn't react at the time, or what they did or didn't say. Everyone reacts differently in such situations and it isn't your concern. It also doesn't give you the right to be vindictive. The other thing is, it's unlikely the at-fault party will ever know the outcome of your dealings with their insurance company. They're likely out of the picture.

Snidely -- As I said, we are not planning to bring suit, but I hear you.

I do consider this offer insulting and am trying to reach some basis to determine what's *fair*. I've outlined what happened to solicit help towards that end.

I don't think you can be 'vindictive' towards an insurance company. As you said, that's silly.

chisue, sorry if my words were too strong. You're a clever person and I'm sure you'll figure out what works for you. I may have misunderstood your sentiment.

It was funny, the most recent case I'd mentioned got dragged out by my family member's lawyer (a friend of mine). He got hired because my family member isn't really capable of dealing with an insurance company. In the end (because of the contingent fee) he hung on to get the last dollar. It was unnecessary, the family member had no need for the money. But he did!

Some divided loyalties on the part of that lawyer, who, after all, did have some skin in the game, it appears.

Too bad the original litigant, his client, after having been ready to settle, hadn't sat on his tail harder/longer/what have you.

Fair is fair.

ole joyful