settlement questions in a DUI case

[~mars~]

What is the name of your state? Texas

In December of 2004 I was a passenger in a car that was struck by a drunk driver. The insurance company has placed 100% blame on him, so no problems there. I'm beginning the process of settling my injury claim. My injuries were short-term: cuts in my mouth/on my lips, bumps and bruises, muscle pain, etc. ER bills and meds for this are about $700.

Just a couple of questions based on research I've done so far:

How effective is a demand letter in detailing losses not explicitly covered by the medical bills?

How responsible is the insurance company for the actions of their policy holders?

Just from receiving all my medical bills and having the police report, the insurance company offered $1000 (plus med bills)almost immediately. I've been told countless times not to take the first offer, so I'm trying to figure out a follow-up move. Thanks for the any advice...I'm not out to score a lot of money, I just can't help being wary of their sudden decision to be helpful and nice after several months of ignoring my calls and questions.

 

[jpritchett81]

From you post the 1k will cover the med expenses so far.....did you miss work due to your injuries? You can include that for consideration on your claim.

 

[stephenk]

since you were only slightly injured, you aren't going to get much.

you can ask for whatever you want, but the carrier will probably top out at about $2000 plus your medical bills.

what other losses did you suffer beyond your medical bills?

 

[~mars~]

Beyond the accident/injury related medical bills, I suffer from a previously diagnosed stress disorder. Extremely stressful situtations lead to a cycle of panic attacks, dizziness, black outs, and usually hospitalization if bad enough. There's no "cure" for it, other than bed rest and avoiding more stress (lest the attacks escalate into something serious).

The accident caused me to have have one of these panic attacks, which witnesses and paramedics can attest to. Luckily, the hospital gave me really strong pain meds to knock me out for about 3 days because of my medical history, but I also missed celebrating Christmas with my family.

Can I provide the insurance company with evidence of my prior medical history to explain this? Or would this information only matter if I'd had a full-scale reaction that required hospitalization?

Thank you for replying.

 

[stephenk]

how long after the accident did the panic attack happen? do the hospital records note the panic attack being related to the accident or you mentioning the accident causing the attack? If yes, then submit the hospital bills as additional damages. if no, then the carrier may not relate the attack to the accident.

you can mention your panic attacks as reason to get some more money. if you don't like what the carrier is offering you can always sue in small claims court.