Confused about insurance claim

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Confused about insurance claim

My daughter was a passenger in an auto accident she suffered whiplashed. Our medical bills totalled about $1,200. The drivers insurance company is taking care of them and sending my daughter $375 does that sound fair? Do I ask for more?

Asked on July 11, 2016 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That is not unreasonable. Generally, you could get, for whiplash, your medical bills and, for pain and suffering, a amount equal to 50% to 100% of your medical bills for "pain and suffering": in this case, another $600 - $1,200.
But that's what you could get if you sued and won, which will cost alot of money--you'd have to hire a medical expert, for example; and if your daugher is a minor, you'd have to hire an attorney to represent her (if she's an adult, she could represent herself, but that is not adivsed)--take months or years, and is not certain: that is, you could lose, or not get as much as you believe you are entitled to. (No lawsuit isguaranteed; never believe any lawyer who says you're sure to win.) Excepting $375 instead of, say, $800 or $900 while not having to wait months or years and not having to spend hundreds of dollars (or more!) on the case is reasonable.
HOWEVER, the amount your daughter would be entitled to is much more is she suffers an signficant permanent impairment, pain, disability, etc. If that's the case, this offer is very low, and she should speak with attorney.


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