Pain and Suffering Computation

Old 06-08-2015, 05:50 PM
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Default Pain and Suffering Computation

OK, insurance agents (or credentialed lawyers), here's a generalized question: not-at-fault automobile accident, vehicle totaled, injuries required a trip to ER in the 'bus', injuries 'minor' though slow healing, couple of follow- up primary care visits and eventually an MRI. Bills paid mostly by my company (after copious prodding) under "Medical Payments' rider in my policy, residual paid by my health insurance. Knowing I'm not their insured, how would (in general) the at-fault (liable) insurance company come up with an initial liability settlement offer for 'pain and suffering'. Loss of my vehicle is a separate issue, and not part of this question. FWIW, their client was a fatality, and there were a total of 5 vehicles involved. Exhaustion of liability limits has not been alleged ... ;?

Under Note To Others: if you have 'Medical Payments' as part of your vehicle policy, contact your agent/company and ask this question - if I'm involved in an accident and I am injured, who is primary as far as medical bills are concerned? In North Carolina (at least), the vehicle insurer is primary up to the limits of the policy if you have a 'Medical Payments' rider. Trust me when I say it can turn into a real cluster-f**k if health insurance gets filed before the vehicle insurer has paid, particularly if MEDICARE is involved. Further Note-to-Others: many healthcare providers are clueless when it comes to vehicle insurance 'Medical Payments', and have no idea how to file it. Thank you, Obamacare coding/reporting requirements, I now have a file about >1" thick (and growing) that should have been about 1/4" ...
Old 06-09-2015, 05:15 AM
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Sorry to hear all that...nothing else to offer but best wishes. What a PITA.
Old 06-09-2015, 05:25 AM
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The OP has a good point about primary health insurance in the case of an auto accident injury.

My employer's insurance announced to us that they would be secondary coverage and our auto insurance would be primary. Called the auto insurance agent- they had no clue about the change and showed in our policy that auto insurance was secondary coverage. That got changed to primary, with no change in premium.

Having no insurance that is considered primary can be an issue. Check with your insurance agents!

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