We got hit by a red light runner. It was a trip to the ER by ambulance and the related expenses. 8 months later their insurance has not paid us a penny. Expenses were not that much. What is reasonable?
2008-05-07T08:31:49Z
ok. let's assume they reimburse my out of pocket, and what my health insurance paid (they want their money back). What is reasonable for "pain and suffering?"
2008-05-07T08:33:14Z
this would be personal injury. they should pay my medical bills.
Amber R2008-05-07T08:32:22Z
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Reasonable would be covering your expenses, if your expenses were 8,000 than that is what is reasonable, if they were 150,000 then that is reasonable. Unfortunately with insurance what is reasonable does not always jive with what the policy covers. First talk with your insurance company and see if they have had any recent correspondence with the red light runners insurance company, if so ask how it is going and why you have not received anything yet. If they have not had any correspondence, ask them to call again and call yourself. If you still do not receive any information or if the other company is not responding talk to an insurance lawyer. Most states have a maximum amount of time an insurance company can take to process a claim, if they have exceeded it means big time fines.
Just remember an insurance company can only pay out what the policy states, so if the person at fault only has 15,000 dollars worth of coverage the most you can get is 15,000 dollars.
You should have a lawyer involved. These insurance companies will only low ball you! I was in an accident over 2 years ago and still awaiting my settlement. The guy that hit me's insurance company will only offer $3500 and my medical bills were over $15000 I have a herniated disc and some other problems as a result. My car was TOTALED and bascically its just been a big mess. Dont just settle with them though. Get a lawyer, they can get you a lot more money it will take a while but come on the guy that hit you ran a red light! His insurance should be buying you a new car. Especially since you had to be taken to the ER.
there are a lot of different factors--mainly the state where this loss occured as all states operate differently. If this is for injuries only there will be no settlement until all treatment is done and the other insurance carrier has all the medical bills and records. at that time they will offer you a one lump sum settlement that would include all your reasonable and neccesary medical bills (they do have the right to pay only for treatment they feel neccesary) also again depending on the state you reside in you will be responsible to pay back the medical bills one settlement is made. Of course depending on the injury you sustained that is what they base their settlement on, it is not as simple as 2-3x's the meds because one er bill can be 10k--if it is a soft tissue only injury probably looking at a settlement range of 2-5k over the meds-of course depending on the length of treatment
Contact your insurance agent and ask what's going on with the case. That's your best source of information.
There is no formula for "pain and suffering" (which is a slippery term), and each case is heard on its own merit. Again, your agent would be the best person to ask.
You are entitled to your expenses of course. Perhaps your primary physician hasn't released you yet with a final bill?