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Traffic Accident Insurance Claims Article
By Dan Baldyga
You’ve had a motor vehicle accident some
time ago when a local character by the name of Fred Fuddle
smashed into your rear end but now you're in the home stretch
with his Adjuster, I. M. Strong, and you’re going to
be paid for your loss by Strong’s employer, Rock Solid
Insurance. A good portion of it will be for your "pain
and suffering". That is, in the lingo of insurance claim
settlements, your "compensatory damages". Let's
talk about that:
BODILY INJURY PAIN: How much pain can
an individual stand? The answer to that is reaction to pain
not only differs with each of us, but often within
each of us. While pain can usually be scientifically measured,
the limits of human endurance cannot. We all have a different
"pain threshold" - - that is, the point at which
we begin to feel physical distress as we enter into, and then
deal with, a period of suffering.
A lot depends on what's going on in your life
and how you experience it. Temperament and psychological factors
are involved. Like, for example, your personal life is in
a shambles - - for any number of reasons - - and that has
hindered your ability to recover. Or, perhaps the company
you work for is on the brink of bankruptcy!.
The mechanism through which you feel an injury
is so complicated that there are times when the same pain
appears to be more (or less) than that of previous days. For
example: one day you have a problem that causes you to complain
endlessly. This makes you impossible to live with and your
pain seems to be much stronger. Yet, a similar situation on
another day, doesn’t upset you very much and the pain
is not nearly as bad.
YOUR "PAIN AND SUFFERING" (Your
“Compensatory Damages“): The type of injury you
suffered, as a result of Fred Fuddle crashing into you, plus
the nature and length of your treatment, are two of
the best indicators to Rock Solid Insurance regarding
the "pain and suffering" you experienced. However,
there are several other areas you should call to the attention
of Adjuster Strong to make him aware of what you've been dealing
with.
MEDICATION: The fact that you were prescribed
either over-the-counter or prescription medication by Ole’
“Doc” Comfort, your family physician, to relieve
pain, inflammation (and/or any other injury symptoms), will
help to convince I. M. Strong that your injuries were serious
and caused you to endure a great deal of "pain and suffering".
No matter which way you slice that cake, the more powerful
the medication, and the longer it’s prescribed for, the
greater the value your claim will be. That's a fact of
life in the business of insurance claims.
LENGTH OF RECOVERY: The longer your recovery
period, the greater your "pain and suffering", therefore
the higher the settlement value of your bodily injury. Make
sure “Doc” Comfort clearly indicates this in his
Final Medical Report. Tell him he must state in writing,
via the weeks and months, how long it will be, before you
were able to engage in routine activities. Make sure he doesn't
send that report directly to Adjuster Strong. You get it first
and then later on you’ll send it along
to Strong. But, before you do, read it. If good Ole’
“Doc” Comfort hasn't clearly stated this, hand it
back to him and tell him he must. You have every
right to insist that he does. You're paying his bills, it's
your report, your insurance claim, and your
big bucks he's not being serious about!
As long as you continue to have physical problems
you should keep going back to see your doctor, again
and again, and again! Other than
the obvious "pain and suffering" that will help
to convince Rock Solid Insurance you’ve endured, there
are two other very good reasons for doing this. They are as
follows:
(1) The fact that your records show visit’s
to your doctor, four, six, eight (or even more) weeks after
the accident, will go a long way towards convincing Adjuster
Strong and Rock Solid that your injury took a long time to
deal and required continual attention. (Plus
it clearly indicates each and every day you were unable to
work and therefore it proves, beyond the shadow of any doubt,
the income you lost). Never forget: your attending
physician’s Medical Report is the only way
you can prove you were unable to work and in any court of
law that will justify your claim for lost wages.
(2) When you visit “Doc” Comfort be
sure to tell him there's been little (if any!) decrease of
your pain, discomfort, stiffness or immobility. Make sure,
when he does execute that Final Medical Report, that this
is clearly stated in his written remarks. If it isn't you
have every right to go back, hand it to him and insist that
it is.
SCARS: In many instances large and obvious
scaring increase's the value of your claim (big time!)
- - especially if the scarred portion of your body is visible.
If you've been sitting at a desk for 25 years, your chin is
double, your hair is gone, and you own a bulging stomach,
and that’s where the scar is, it’s not going to
be worth much. But, if you're a tall, dark and handsome, twenty
year old and the scar is on your face, than it's worth a ton.
Take colored photographs of every scar and every scrape
that causes swelling and/or discoloration to your skin plus
every black & blue mark on your body! After you’ve
handed a copy of those photographs to Adjuster I M. Strong
he’ll be sending them to his boss in the Home Office.
I’ve sat in that seat so I can flat out guarantee you
his supervisor will stare at those photo’s and gulp.
He’ll blanch, take a deep breath and send Strong a one
liner that reads something like: “Do whatever it takes
to get rid of this one. Settle it and let‘s move on”.
If the scar is bad enough insist that Dr. Comfort
refer you to a plastic surgeon for an opinion as to whether
your scar can be repaired and/or removed. Once you've been
examined ask that specialist to detail in writing (and insist
that he send his report to you) how much it will cost
to make it look right again. You may never get it repaired,
and/or removed, but include that plastic surgeon's report,
plus the bills for the visits to his office, as part of your
claim to Adjuster Strong. This will absolutely, positively
give your claim more value !
>> Return
to traffic accident insurance claims articles
DISCLAIMER:
The purpose of this article "GETTING
REIMBURSED FOR YOUR PAIN AND SUFFERING" is for all readers
to understand the motor vehicle accident claim process. Neither
Dan Baldyga, Scott Baker, I GOT HIT, LLC, and/or the Accident
Resource make any guarantee of any kind whatsoever, NOR do
they purport to engage in rendering any professional or legal
service; NOR to substitute for a lawyer, an insurance adjuster,
or claims consultant, or the like. Where such professional
help is desired it is THE INDIVIDUAL’S RESPONSIBILITY
to obtain said services.
Dan Baldyga’s third and latest book,
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate
And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com
or http://www.autoaccidentclaims.com.
This book reveals “How To” handle your property
damage claim so you won’t be taken advantage of. It
also goes into detail regarding BASE (The Baldyga Auto Accident
Settlement Evaluation Formula). THE BASE FORMULA explains
how to determine the value of the “Pain and Suffering”
you endured - - because of your personal injury!
Copyright (c) 2002 By Daniel G. Baldyga.
All Rights Reserved.
Dan Baldyga - Author
dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss)
http://www.autoaccidentclaims.com
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