[Dueller]

Keep in mind the initial offer is just that...an initial offer. They will go up from there. Relax...its part of the game.

Sooooo...what did lawyer say?

I've worked both as an insurance defense lawyer and a Plaintiffs' lawyer. Part of the game. So I've peed into the tent and outta the tent.

As a GENERAL rule, they should pay for your out of pocket medical (make sure you're covered on susbrogation side if your personal medical insurance paid anything), property damage, and lost wages (SEI is somewhat speculative in nature and difficult to recover but not impossible...but ya gotta be realistic that if they do compensate it will be for lost NET SEI).

As to pain and suffering it is often calculated as a function of your lost pecuniary damages...often 1-10 times your actual damages. Go figure...its kinda a goofy way to compute something so subjective as P&S. Lower end of the scale if you will fully recover...upper end if you can reasonably (another legal term iof "art") be expected to have future problems.

Soooo....if your property damage is $2000 and your meds are $5000, then P&S would be somewhere in the range of $7K-70K. In a settlement situation it would more likely be no more than $20K and likely lower unless with a reasonable degree of medical certainty (HAH! There we go again) you can prove serious P&S.

So what does this mean? In the above situation, go back to them and ask for $7K actual and $21K (3X actual) in non-pecunairy damages for a total of $28K. They will counter with $9K...ultimately settle for $15K in your pocket. If that fails, hire lawyer and after a year or two, it will settle for $30K if he's any good. He gets 40% or $12K and you get $18K minus lawyers out of pocket expenses....say $1500...so you net $16.5K. Worth the wait for an extra $1500...only you can answer that. Plus you gotta realize that tortfeasor may have only $10K in coverage which is all ins company is obligated to pay.

A final thing too consider is whether or not contributory negligence applies in your particular case which would reduce your recovery.

YMMV.

DISCLAIMER: The foregoing is not intended as legal or professional advice but rather merely offered for discussion purposes. Anyway, I'm not licensed in the land of fruits and nuts.