Here’s the deal.
I was hit head on by a drunk driver 3 months ago. Both vehicles totalled, the lady driving the other vehicle died on the scene. I suffered a broken toe, broken arm, and two herniated discs. Currently in therapy, the therapist and surgeon thinks that i will need surgery or live with the pain. The other insurance company has accepted fault, 100% obvously since she (the driver) was drunk. I’m terrified of surgery, and was even told by the DR that it may not totally fix the problem and I may need surgery again to remove scar tissue. My medical bills are being paid through PIP ( Miami FL resident ) but limits are basically exhausted
Now my questions:
1. If i decide not to get the surgery at this time, will the insurance company consider the possibility of a future surgery when offering a settlement?
2. My current bills are about 18k, not including therapy and of course, the real possibility of surgery. What’s a reasonable settlement amount for these injuries? I’ve now missed 5 weeks of work due to pain.
#3. I am speaking with an attny, but i haven’t signed anything. ok, this was a comment, not a question.
#4. last question. My vehicle was totaled. the value was 14k, but i owed about 19,500 on it. is it a good sign that the other drivers insurance company paid off the entire loan? i did not have gap insurance on the vehicle.
thanks all. this is so depressing. i hope one day this will be rectified somehow
1. It can be up for negotiation – but if you’re refusing the medical treatment, normally you can’t get reimbursed for something you didn’t have.
2. Settlements aren’t based on your medical bills, and is highly subjective, based on your age and the extent of permanent disability. Obviously, or maybe not so, if you’re refusing medical treatment to fix the disability, it’s going to severely limit how much compensation you’re entitled to, for that disability.
3. Don’t be too quick to give 40% away. Keep in mind, the MOST her insurance will pay, is the policy limit. Ask what that is. They don’t have to tell you, but hey, just ask. And let the insurance company make a first offer. It will be low, and they’ll expect a counteroffer. If it’s silly low, ask them if it’s that low because that’s the limit on the policy. And don’t be afraid to ask your auto insurance agent for advice – it’s FREE!
4. It very much surprises me that the other driver’s insurance paid off the loan. They have no obligation to pay more than the actual cash value of the car.
