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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29969
Experience:  Lawyer
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I am to settle a Allstate pain and sufferine case is there

Customer Question

I am to settle a Allstate pain and sufferine case is there any guides to go by
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


The old rule of thumb for pain and suffering was 3-5x the medical bills. Unfortunately, most insurance companies won't even consider paying that much these days. I mention that because if you start off by asking for too much, they won't take you seriously. Anything beyond 5x the medical bills is probably far too much to ask for. Also look at the policy limits - the insurance company will NEVER pay more than the maximum allowed under the policy, so it's not a valid use of your time to try to get them to pay more than that.

The first offer from the insurance company is usually the lowest amount they think you might possibly accept if you were completely desperate for money. You can usually talk them up to get more. A lot of times, they're only offering the amount of the medical bills - and that is NOT a good deal, because that ENTIRE AMOUNT would go to Medicare or your health insurance company under what's called subrogation. You have to be aware of that, because you don't want to walk away with a lot less than you're expecting (or worse, nothing at all). But you may be able to talk them up to at least twice the amount of the medical bills.

You can usually get more if you wind up suing, because jury can award any amount they want (up to the policy limits).

Customer: replied 1 year ago.
You are right they just sent 3000.00 to a hospitial where i do not know anything
Expert:  Lucy, Esq. replied 1 year ago.

If they're paying your medical bills outright, then you might not have bills from your insurance to repay. But you'll want to talk to someone at the insurance company before you settle to verify what, if anything, they paid out.

Customer: replied 1 year ago.
I know what they paid. I called the hospitial and they said i have no balance.
Customer: replied 1 year ago.
Medicate and Blue cross is paying my bills
Customer: replied 1 year ago.
They paid over 3000.00 i do not owe
Expert:  Lucy, Esq. replied 1 year ago.

Knowing the amount of the bills will help you negotiate.

But that is EXACTLY what I'm saying. You have to repay Medicaid and Blue Cross the amounts they spent on your medical care if you get money from the insurance company. You cannot settle without knowing that, or you will walk away with MUCH LESS money than you think you're getting.

Customer: replied 1 year ago.
You are great. Do you think I will get anythinh . Please answer this and i promise i am done
Customer: replied 1 year ago.
I said medicaid it is medicare.
Customer: replied 1 year ago.
Are you there?
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, your last questions did not pop up before I signed off for the night.

You also have to repay Medicare. Whether you will get anything depends on you and how willing to negotiate you are. If they won't pay anything, you can hire a lawyer to make them pay.