My husband and I are trying to close a claim from a car accident we were in 12/08 where the party that hit us was at fault and was cited. Our combined medical expenses are approx. $12,000 which most was covered by our insurance company. We were paid $4,000 for the car which was totalled. We have approx. $450 in lost wages. The at fault party's insurance company is asking us what we are looking for in $ amount to close the claim. What should we ask for?
2 Answers from Attorneys
The general method we use is to muliply your total medical expenses by 4 or 5... Then add to that total all other expenses dollar for dollar... Such as lost wages and all other expenses... Feel free to call me directly with any other questions. 216.952.1990.... If they come
up to 3x your damages plus expenses that's the minimum you can take...
Insurance companies have become very conservative and do not evaluate cases on a multiple of the expenses incurred any longer. They look at whether you have a contractual obligtion to pay back your health insurance company and they will try to fight to reduce the amount by the write-offs between the bills and the insurance payment. Depending on the court that your case gets filed in will determine how much play they get with that. First determine how much your health insurance company is going to want to be paid back. If that amount is ~~4000,00 on the ~12,000.00 in bills and depending on whether you have any ongoing pain and suffering or disability will determine how much you should ask for. If you can settle without hiring a lawyer and you do not have any ongoing symptoms caused by the collision I would demand the amount you need to pay to the health insurance company, your lost wages and a range of $10,000.00-$15000.00 for your pain and suffering. If you ask for anymore then this you are going to buy yourself a lawsuit that may result in a lower net after you pay an attoreney 1/3 or 40% of the gross recovery. Good luck.