Any experience with personal injury claims?

[PhoenixRising]

Long story short, I was rear ended in my car by a truck a few months ago and ended up with whiplash. Minimal bumper damage (paint scratch) but all bumper shocks etc had to be replaced making car repairs over 2k. The insurance company of the other driver has already fixed my car. However, now I'm done with my treatment for the injury and I'm to the point of needing to settle my personal injury/pain and suffering with the insurance company. I looked into an Attny. at the recommendation of my chiro (who did my entire treatment for the injury, they have a NP, chiro, and massage therapists on site) only to find the Attny charges 40% of your settlement. I'm not willing to give them 40% just to negotiate my personal injury settlement but I also have zero experience doing it myself. I feel like my case is pretty clear cut though. No previous neck injuries, x-rays from the day of the accident showing the vertebral slips, and medical bills totaling a little over 6k. Spoke to the insurance company yesterday and they're requesting my medical bills and will then call me with an offer. I'm positive they'll try to get me to take less than I should.

I'm really just curious what your experiences have been, and any advice you might have on the front of negotiating on your own behalf on personal injury/pain and suffering claims.

[heddylamar]

When you say you spoke to the insurance company, do you mean you spoke with your insurance company? Or the at fault driver's? I'd start with your insurance company. While they aren't paying the final bill, they normally act as the go between between you and the other insurance company and keep your best interest in mind. Or at least that's something USAA does for it's members.

We've been through this, but it was a huge settlement against a national trucking company. My husband alone had nearly $100k in medical bills, and I was injurred too, so one of my first calls once I got out of the hospital was to a friend's law firm. They handled everything.

[PhoenixRising]

I’ve been talking with the at-fault insurance. I didn’t file a claim through mine. I called my insurance at the time of the accident and they made it seem like this was the way to go. The thought of having someone else handle it for me sounds nice, but not for the 40% I’d have to pay to hire them. I was also unimpressed and a bit angry to learn the chiro I go to would get referral pay for their referral to the attny. Made me feel like I was being pressured into it just for the attny. And chiro to take almost half.

[heddylamar]

I hope the PT was at least upfront that they would get a referral! I'm not a fan of that sort of practice.

There's a bunch of articles on the web on how to file a claim yourself v. when to consult an attorney. You might check into them. You might also consider doing a records search on the other driver to see if this is a recurring theme for them.

[PhoenixRising]

They really weren't very upfront about it. They just told me to make sure I told whoever I called that a certain person from the Chiro. had referred me. I just figured maybe it was someone this person knew personally. It doesn't sit well with me at all, which is a factor in the decision to try to do this myself.

The other driver was a fairly young guy driving a company vehicle. At the time of the accident he apologized and commented he'd never been in an accident before. I believe him but think the records search is probably still a good idea, just in case!

I've done some searches on what an accident like mine would usually be worth, and feel like I have a pretty good idea of what I should be asking for. I'm just not always the most assertive person so I worry I'll fold too easily.

[Moutaineer]

If the lawyer normally gets 40%, then the insurance company surely knows that, so bear that in mind when you make your claim. The insurance company is more likely to settle with you if it will cost them, say, 20% less than it would if you went through a PI lawyer, I would have thought.

[Hayburner]

I would see what they are offering before I hired an attorney.

If you don't think it's fair then shop around, some advertise for way less than. 40%.

If you are friendly with someone at your insurance company, ask what they think about the offer.

I too would not want to hand over 40%!

[redsoxluvr]

Here the standard personal injury guideline is 3x the amount of medical bills, or in your case 18K.

[PhoenixRising]

Here the standard personal injury guideline is 3x the amount of medical bills, or in your case 18K.

Well, wouldn't that be nice!
I am definitely waiting to hear their initial offer before proceeding.
I chatted with one of our claims people here at work (malpractice, not accidents/personal injury) just to get some input even though its not their specialty. They said just to make sure I have an explanation for why I'm asking what I am and why I think I deserve it so the insurance company doesn't think I'm just coming up with a number out of nowhere ( I think our claims attorneys probably get that a lot )