My husband was injured 30th T-bone car accident in July in Northern California. Another driver has a red traffic light. Through an independent witness, the investigation confirmed that CHP makes my husband was not at fault. The other driver was not injured.
The man was removed from the vehicle and transported found unconscious by doctors in the emergency and the doctors he had a concussion and a broken collarbone. He awoke about 90 minutes after the accident, had no brain damage, and was released later in the evening.
He spent two weeks recovering at home (bruised and in pain). Then he sat down on an easy job for a few weeks of work and is now in service without restriction. Apart from some minor pain in the shoulder is better every day, it seems well now.
Other drivers insurance called and admitted that his client has committed a mistake. You pay for our insurance company for the amount for a total amount of our car payment, our insurance deductible of $ 500, the full cash value for the two weeks of sick leave days used, and incidentials minor (such as costs for His clothes were the ED, a new glasses, and mileage to and from hospital for follow-up visits cut) to replace.
Can my husband something like this for “pain and suffering” of the insurance? Should we even bother, if so, what would a “reasonable” amount to be considered, you ask?
We are not interested in obtaining a lawyer or filing a complaint. We are indeed fortunate that the accident was not worse, and it would be nice to be paid for our franchise, his glasses, used his clothes and sick days … but it never hurts to ask.
Yes, it is absolutely can not recover damages for pain and suffering.
You can use the insurer to the other party that you are not represented by counsel “at this stage” and would like to speak with someone from their company to the question at a time convenient to both parties and talk instead. You can phone or send someone ready to find your home.
If you are not a lawyer, at least wait until your man interested recovered completely or as much as he does again and again. You do not want to rest, and then that he faces a lifetime of migraines a week or a rotator cuff, or something like that.
As clear as the idea of your insurance. You can get a senior Dibs on cash payments if they anything that pays not covered by your auto insurance medical care. It would be a brake for $ 5,000 and are planning a big trip to Hawaii, to come and take your health insurance they have. At least the mandate of the other insurers have to consider all of your medical costs that you have to pay to another party, in addition to a settlement.
What is “reasonable” is totally subjective. The insurer will have some sort of limit in mind that they would be willing to pay voluntarily, but they need not be passed on to you. They are simply trying to negotiate a solution with you, equal to or less than this amount. It does not matter what it is or what you could get. All that matters is that you are acceptable solution based on the search, what you experienced. Do not put more thought into it than that. You will still be possible, someone who tells you that you could have been “to find more.” I expect that a minimum of a few thousand dollars would be appropriate to put your lights out for 90 minutes in a Slam Dunk damage liability claims.
Given the complexity of the problems of the medical privilege you could at least talk to a lawyer about it. Of course, a plaintiff attorney will try to register for the whole boat, but there is nothing wrong with discussing a lawyer for several hours to a solution and / or advise you based.
And whatever you do, do something memorable with the money, especially if it has lasting memories of a scar on his forehead. It is much better looking on the street in the mirror and remember the trip to this scar devote as to forget shit or a decade old car paid for in your driveway Nice.