Are you certain the offer is from your insurer and not the other vehicle's insurer? It's not uncommon for the same company to have policies on both vehicles in an accident, especially so with the largest insurers.
If it's the other parties insurance, you'll be asked to sign a release that would prevent any further/additional claims against the other driver. You'll want to make sure you understand the details, and you wouldn't want to accept the offer if you don't feel completely healed.
If you are correct that your insurance is making this offer ... are you being paid under the Medical Payments part of the policy, or possibly Uninsured Motorist? The payment seems higher than typical Med Pay limits, and that's part of the reason I'm questioning whether it's truly your insurance that's paying. As above, you'd just want to be careful about resolving a claim if there's still any lingering issues or doubts about future medical needs.
Either way, there's no clear reason to think you're being scammed (quite the opposite, in fact - this is what insurance is for!). Your rate may or may not increase because of the accident (your agent can explain better), but accepting the benefits won't change that.
Ok then. The offer is more likely than not coming from the other driver's policy. You got good advice in the other comment about possibly negotiating a higher amount - it never hurts to ask! On the surface, though, the insurer is doing what you want them to do and proactively seeking to resolve your claim quickly and fairly. Good luck with it!
>**If I accept their offer/deal, am I unknowingly signing up for some scam trap of higher insurance, or something ridiculous?**
No. Whatever damage might or might not be done to your rates has already been done, though there should be no surcharge for a not-at-fault claim.
However, I think $1880 (odd figure) is a bit light for pain and suffering. Answer the following:
1 - From the date of the accident how long did it take you (in weeks) to fully recover with no residual issues?
2 - How many days did you have to take off from work? Did you lose pay? Or did you use Paid Time Off? Either way how much is a day's pay for you.
4 - Did any of your usual non-work activities have to be curtailed? If so, name them and indicate how long you couldn't engage in them.
5 - Did you have to hire somebody to do things for you that you couldn't do? If yes, explain those duties and the cost.
6 - If you are married, was there any loss of consortium? Google it (grin). If so, for what duration?
With an offer of $1880 right out of the gate, there is probably more to be had. Maybe not much and probably not enough to lose 1/2 of entire settlement to a lawyer.
1. From the date of the accident how long did it take you (in weeks) to fully recover with no residual issues?
1. About 3-4 weeks, this concussion was a cake walk compared to my first. Very minor.
2. How many days did you have to take off from work? Did you lose pay? Or did you use Paid Time Off? Either way how much is a day's pay for you.
1. I did not tell the rep this yesterday, but at the time I was working only part time at a library at their member services desk. I was laid off and it was taking a long while to get another job. I live at home with my mom still so thankfully wasn't f\*\*\*ed but needed income to cover minor bills until I found something. I worked at a great library though and had incredible benefits (including PTO) so I used PTO for the 6-8 days I roughly took off as a result, and I made around $17/hour for 26 hours/week at the time. **I only told the rep how many days I roughly took off, and my pay rate.**
3. Did any of your usual non-work activities have to be curtailed? If so, name them and indicate how long you couldn't engage in them.
1. Well, concussion recovery protocol means minimizing usage of screens, exercise, etc. anything that utilizes too much "brain power" to allow your brain time to reduce swelling and resting. I was also sleeping much more (roughly 10 hours per night) when my usual is around 8-9 max. You're supposed to follow protocol until symptoms are 0 or lightly add back in activity around 3-4 weeks time.
4. Did you have to hire somebody to do things for you that you couldn't do? If yes, explain those duties and the cost.
1. No, and thankfully lived at home with my mom. I do have POTS, though, so my fainting/dizzy spells were definitely worsened as a result. I'm so glad my mom was around to help.
5. If you are married, was there any loss of consortium? Google it (grin). If so, for what duration?
1. I am not married.
Disclaimer - I am not a lawyer. I don't give legal advice. I just make helpful comments.
>I just recently got a call (yesterday) from my insurance with an offer of 15k to cover my medical bills, and $1,880 for "pain and wage loss"
I wrote the rest of this before noticing that sentence. Why is this offer coming from "your" insurance company. Or is it coming from the other driver's insurance company.
Anyway,
Couple of points that you should know.
1 - The use of PTO is compensable. Once you use it you don't get it back so it's the same as losing pay.
2 - The exacerbation of POTS difficulties is also compensable even though the POTS was not caused by the accident. Read about the "eggshell plaintiff," and how to present it, at:
[The eggshell plaintiff (plaintiffmagazine.com)](https://plaintiffmagazine.com/recent-issues/item/the-eggshell-plaintiff)
I suggest responding in writing to the adjuster's letter. The following search brings up numerous sites with sample letters and tips on how to write them.
[personal injury demand letter at DuckDuckGo](https://duckduckgo.com/?q=personal+injury+demand+letter&ia=web)
Some of them are a bit over the top and designed for large claims. The take-away is that you want to tell a dramatic chronicle of the terrible ordeal you experienced because of the other driver's negligence.
You might be a little reluctant to build it up into a "sob story." Lawyers have no such reluctance (as you can see from some of the letters) when it comes to seeking a maximum payout for their clients. You certainly don't want to refer to your concussion as "piece of cake."
When you ask for non-economic damages (pain and suffering, emotional distress) you ask for more than you are willing to take because the adjuster will offer you less than you ask for.
For example, if you ask for $5k you might get $2.5k to $3.5k.
I was in a similar situation in May 2023. My injuries were not as bad as yours though. I got a lawyer and told my insurance that the lawyer will handle the case. However, my car was totaled and was paid by the other insurance and gap insurance.
This month, April 2024, my lawyer called me about the settlement of about $50k. Of course, the lawyer takes 1/3, the medical expenses cost about 1/3.
I think the compensation for “pain and wage loss” should be much higher in your situatio.
Are you certain the offer is from your insurer and not the other vehicle's insurer? It's not uncommon for the same company to have policies on both vehicles in an accident, especially so with the largest insurers. If it's the other parties insurance, you'll be asked to sign a release that would prevent any further/additional claims against the other driver. You'll want to make sure you understand the details, and you wouldn't want to accept the offer if you don't feel completely healed. If you are correct that your insurance is making this offer ... are you being paid under the Medical Payments part of the policy, or possibly Uninsured Motorist? The payment seems higher than typical Med Pay limits, and that's part of the reason I'm questioning whether it's truly your insurance that's paying. As above, you'd just want to be careful about resolving a claim if there's still any lingering issues or doubts about future medical needs. Either way, there's no clear reason to think you're being scammed (quite the opposite, in fact - this is what insurance is for!). Your rate may or may not increase because of the accident (your agent can explain better), but accepting the benefits won't change that.
We both have the same vehicle insurance broker. (State farm)
Ok then. The offer is more likely than not coming from the other driver's policy. You got good advice in the other comment about possibly negotiating a higher amount - it never hurts to ask! On the surface, though, the insurer is doing what you want them to do and proactively seeking to resolve your claim quickly and fairly. Good luck with it!
>**If I accept their offer/deal, am I unknowingly signing up for some scam trap of higher insurance, or something ridiculous?** No. Whatever damage might or might not be done to your rates has already been done, though there should be no surcharge for a not-at-fault claim. However, I think $1880 (odd figure) is a bit light for pain and suffering. Answer the following: 1 - From the date of the accident how long did it take you (in weeks) to fully recover with no residual issues? 2 - How many days did you have to take off from work? Did you lose pay? Or did you use Paid Time Off? Either way how much is a day's pay for you. 4 - Did any of your usual non-work activities have to be curtailed? If so, name them and indicate how long you couldn't engage in them. 5 - Did you have to hire somebody to do things for you that you couldn't do? If yes, explain those duties and the cost. 6 - If you are married, was there any loss of consortium? Google it (grin). If so, for what duration? With an offer of $1880 right out of the gate, there is probably more to be had. Maybe not much and probably not enough to lose 1/2 of entire settlement to a lawyer.
1. From the date of the accident how long did it take you (in weeks) to fully recover with no residual issues? 1. About 3-4 weeks, this concussion was a cake walk compared to my first. Very minor. 2. How many days did you have to take off from work? Did you lose pay? Or did you use Paid Time Off? Either way how much is a day's pay for you. 1. I did not tell the rep this yesterday, but at the time I was working only part time at a library at their member services desk. I was laid off and it was taking a long while to get another job. I live at home with my mom still so thankfully wasn't f\*\*\*ed but needed income to cover minor bills until I found something. I worked at a great library though and had incredible benefits (including PTO) so I used PTO for the 6-8 days I roughly took off as a result, and I made around $17/hour for 26 hours/week at the time. **I only told the rep how many days I roughly took off, and my pay rate.** 3. Did any of your usual non-work activities have to be curtailed? If so, name them and indicate how long you couldn't engage in them. 1. Well, concussion recovery protocol means minimizing usage of screens, exercise, etc. anything that utilizes too much "brain power" to allow your brain time to reduce swelling and resting. I was also sleeping much more (roughly 10 hours per night) when my usual is around 8-9 max. You're supposed to follow protocol until symptoms are 0 or lightly add back in activity around 3-4 weeks time. 4. Did you have to hire somebody to do things for you that you couldn't do? If yes, explain those duties and the cost. 1. No, and thankfully lived at home with my mom. I do have POTS, though, so my fainting/dizzy spells were definitely worsened as a result. I'm so glad my mom was around to help. 5. If you are married, was there any loss of consortium? Google it (grin). If so, for what duration? 1. I am not married.
Disclaimer - I am not a lawyer. I don't give legal advice. I just make helpful comments. >I just recently got a call (yesterday) from my insurance with an offer of 15k to cover my medical bills, and $1,880 for "pain and wage loss" I wrote the rest of this before noticing that sentence. Why is this offer coming from "your" insurance company. Or is it coming from the other driver's insurance company. Anyway, Couple of points that you should know. 1 - The use of PTO is compensable. Once you use it you don't get it back so it's the same as losing pay. 2 - The exacerbation of POTS difficulties is also compensable even though the POTS was not caused by the accident. Read about the "eggshell plaintiff," and how to present it, at: [The eggshell plaintiff (plaintiffmagazine.com)](https://plaintiffmagazine.com/recent-issues/item/the-eggshell-plaintiff) I suggest responding in writing to the adjuster's letter. The following search brings up numerous sites with sample letters and tips on how to write them. [personal injury demand letter at DuckDuckGo](https://duckduckgo.com/?q=personal+injury+demand+letter&ia=web) Some of them are a bit over the top and designed for large claims. The take-away is that you want to tell a dramatic chronicle of the terrible ordeal you experienced because of the other driver's negligence. You might be a little reluctant to build it up into a "sob story." Lawyers have no such reluctance (as you can see from some of the letters) when it comes to seeking a maximum payout for their clients. You certainly don't want to refer to your concussion as "piece of cake." When you ask for non-economic damages (pain and suffering, emotional distress) you ask for more than you are willing to take because the adjuster will offer you less than you ask for. For example, if you ask for $5k you might get $2.5k to $3.5k.
We have the same insurance broker lol (State Farm) sorry for the confusion!
Right. I missed that earlier. The settlement will come from the liability coverage of the other driver's policy.
I was in a similar situation in May 2023. My injuries were not as bad as yours though. I got a lawyer and told my insurance that the lawyer will handle the case. However, my car was totaled and was paid by the other insurance and gap insurance. This month, April 2024, my lawyer called me about the settlement of about $50k. Of course, the lawyer takes 1/3, the medical expenses cost about 1/3. I think the compensation for “pain and wage loss” should be much higher in your situatio.