Ok, brief run down…This happened in NC, on 4-25-08. I was on the highway (65 mph) heading to work, traffic had come to a stop, next thing I know I get hit hard from the back! Someone not paying attention had rear ended the truck behind me which then plowed into me.
My car took 5K worth of damage and was total loss. I was taken to emergency room and had xrays which actually showed muscle spasms. I was given 3 different pain meds for whiplash. I immediatly felt numbing/tingly sensations along with the soreness after being hit.
I missed 4 days of work and an hour for each of the 25 chiropractor sessions I had over few months.
I had 7692 in med bills. 1140 in lost wages. So 8832 in special damages…the adjusters "final offer" was 8500, which obviously doesnt even cover my special damages!? She said the average med bills for such an injury are 6500, and lost wages arent paid on an hourly rate ~they are just figured into the inconvinence…
I called and complainned to the supervisor, saying I felt my claim was being handled in bad faith and was trying this step before retainning the attorney I have been speaking to. I want my special damages paid for as they have supplied no reason to deny them and something for pain suffering.
They call me back with a new "final offer" of 10,000. This leaves 1,200 for pain suffering…does this sound low to anyone else? Since they made point to say "final/top offer" guess Id have no other choice but to retain an attorney and go to court in couple years?
JLG:
You obviously have no grasp of the law in regards to auto injury claims…
I will clarify for you, I did not have sick or vacation time, I am on contract pay. BUT, even if I did, that too is considered lost earnings and is entitled to be reimbursed. Same goes for med bills. If health insurance paid for it, which I dont have, yes they would demand to be reimbursed from settlement. Medpay from my insurance does not have to be repayed, but is also not to be considered, in fact it is ILLEGAL for an adjuster to bring up such extra coverage benefits as you are mentionning, it is the law.
Guess you learned something new today.
JLG, you gave yourself a thumbs up lol? Figures.
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