Posted by jack | Under gazages.com
Friday Mar 12, 2010
I was reciently involved in a car / motorcycle accident. I was not at
fault at all. The other driver got a ticket. I went to the hospital
in an ambulance and got some 15 stitches. I had several other doctors
visits. I only lost one day of work, lost the use of my motorcycle
for 3 months, and wound up with two scars on my arm and a perminit
bruse on my leg. How do I find out what fair compensation is without
going to a lawyer? Is there some guiedlines for what people have
settled for?
Because some states might have different laws, could you share what
area of the country you live in? I'm aware some cases are settled
through mediators, but not sure if that would apply to your area.
I live in the State of Washington but am dealing with an insurance
company, USSA from Colorado. The issue is strictly between me and the
insurance company. They have indicated that they will be making me an
offer. I just want to make sure it is fair.
I have found a number of online references to the formula that
insurance adjusters use to estimate how much a personal injury claim
is worth. The formula is as follows:
(Medical Expenses * Multiplier) + Lost Income
The multiplier on the medical expenses is used to capture the amount
owed for pain and suffering, disfigurement, and other intangibles.
Figuring the right multiplier is a bit tricky, but there are some
guidelines. Minor injuries get a multiplier of 1.5 to 2, up to 5 for
painful, serious, or long-lasting injuries, and 10 for extreme cases.
Once you've figured out what a fair Multiplier is for your case,
multiply it by the total of all your medical expenses. Then add in one
day of lost wages. Since the accident was 100% the other driver's
fault, you would get the entirety of this amount.
Nolo Law is an excellent resource for self-help on legal matters, and
they give a couple of examples that will help you decide what you feel
a fair Multiplier is for your case (it probably mostly depends upon
how disfiguring your scarring is). This article is copied and cited in
a large number of places online, including on Personal Injury Attorney
sites, so there is good evidence that it is a reliable guideline.
Nolo Law, "How Much Is Your Personal Injury Claim Worth?"
http://www.nolo.com/lawcenter/ency/article.cfm/objectID/9996233B-AAEB-4DCB-BA70364E70A8B657
Nolo Law, "Personal Injury"
http://www.nolo.com/lawcenter/ency/category.cfm/catID/73BB194F-C331-4C03-82E96DC64062980C
Two important notes:
1) You get the one day's lost wages even if it was covered by sick
leave or vacation. But notice that the lost wages is NOT multiplied by
the Multiplier. Only medical expenses are.
2) This formula only estimates your personal injury claim, not any
property damage you suffered. You should also be compensated for the
actual value of your motorcycle (not full replacement value!) or the
amount it cost to repair it, whichever is LESS. If your repair bill is
greater than the Kelly Blue Book value of the motorcycle, you will not
get fully reimbursed.
If you need any help walking through the formula, or have related
questions, please post a clarification request so I can assist you
further.
Cheers,
nauster-ga
Search technique:
personal injury formula (first search, saw Nolo article)
personal injury multiplier (to verify the Nolo information)
actual value vehicle repair insurance (to find out how the property
damage is handled)
#If you have any other info about this subject , Please add it free.#
