Posted by Jen on 2/21/08

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Someone hit me when I was driving and their insurance
claimed at fault. They t-boned me going about 40MPH. I was
about 7.5 months pregnant at the time. The police and
ambulance showed up and made reports of the accident.

I ended up in the hospital for over 24 hours because I
went into pre-term labor, I also visited the emergency
room for all my bruises, back pain and whiplash.I had
emergency ultrasounds because they feared my daughter was
hurt in utero, they prepped me for an emergency c-section.
Thankfully they stopped my labor and I was released from
the hospital and put on painkillers.

I was put on medical leave from work and lost 2 months of
pay because my doctor was afraid I would go into preterm
labor if I got off the couch. My pregnancy was 100% fine
before the accident. It was2 months of hell for me, my
happy pregnancy turned into worry and fear.

I had to go to a chiropractor for 3 months. My medical
insurance went up an extra $50 a month because of the
accident since I am a liability now. They said it may be
years before they lower my premiums. My accident-free car
had $5500 worth of damage and depreciated $3,000 because
of frame damage (it wasn't totalled). I probably won't get
paid for my car depreciation since they "fixed" it. My
hospital bills were $5,000 and I have to reimburse my car
insurance for this.

The person who hit me had the minimum police in CA. Which
is bodily Injury for $15,000 for death or injury of any
one person, any one accident and $30,000 for all persons
in any one accident.

I also have coverage for underinsured, which is $100,000/
$300,0000.

Here is a breakdown of expenses:
$500 out of pocket in prescriptions, doctor visits, car
rentals, etc.
$3800 in lost wages
$5000 medical bills I need to reimburse to my insurance
$600/year in extra premium increases (probably for several
years,let's just say 5 years- $3,000 total)

My lawyer is saying she is planning on settling for about
$28,000. This means I will get $18,200 after she gets her
35%.

Here is a breakdown of my settlement and reimbusements:
$18,200
-$500 out of pocket reimbursement
-$3,800 loss of wages
-$800 to pay in income taxes from wages paid to me
-$3,000 (5 years of higher premiums)
-$5,000 I have to pay back to my insurance company

This means I would get about $5,000 for pain and
suffering. Does this seem fair after what I went through?
I want this to be done and over with, but I want to be
paid what's fair. My daughter was stressed in utero and I
was stressed for 2 months due to preterm labor issues. If
this is a good settlement then I am happy, I don't want to
be greedy and drag this all out- it's been 8 months since
the accident and I am full recovered and my baby was born
healthy as can be!

Thanks in advance!

Re: Is my settlement fair?, 2/11/09, by john phillips.

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