Rear-Ended & Uninsured @ 39 Weeks Preggo

So, yeah. I posted when I was 39 weeks pregnant that I was rear-ended by an uninsured driver, and I spent the entire day on a fetal monitor and went to the ER the day ater because I couldn't feel Lydia moving. She was born twenty days later, and everything seems fine ... I don't want to be morbid, but there could be damage cognitively and only time will tell ...

ANYWAY, the insurance company has finished their investigation and has offered a settlement that includes paying for $3,200 in medical bills, and $1,500 in "pain and suffering".

Now, before I get flamed, I am NOT a money-hungry person out to sue the pants off anyone. BUT, $1500? Really? For being on a monitor for 48 hours, for spending two weeks doing kick-counts every hour to make sure she wasn't in distress? For listening to the OB say there could be cognitive damage that doesn't appear til her school years if there was any oxygen deprivation?

If I take the $1500, I waive all rights to any future medical expenses or suits. And, $1500 sounds great right now, but what if something is wrong and she does need to be evaluated? That could be thousands in tests alone!
 
I called the settlement department and they were SO rude to me. I am just so upset. Has anyone had experience with this? Any advice for me on how to hanle this fairly?

I would contact an attorney.  If you have an empolyee assistance program as part of your benefit package at work, you may be able to get some advice from them as well...a lot of times legal advice is part of the service they offer.

Good luck.

Thanks, Sarah!
I haven't ever had to deal with anything like this before, but I just want to protect Lyd! I appreciate your advice!

 I'm really sorry I can't offer any advice.  Though, I always hear people say "never take the first offer from the insurance company!" and to stand your ground with them because they are bullies.

Hey Tabitha ... they really were bullies. :-(  So not neccesary! I have heard that, too. His response was that if I felt I needed to take a "wait and see attitude" I could do so for up to two years. I know he is trained to be that way, but sheesh! I could never do that job! Too mean!

I'm the last person to tell someone to take the first offer.   Talk to an attorney and see what your options are.  

However, as far being able to prove that any future complications were a direct result of a car accident that happened while the child was still in the womb would be virtually impossible. 

Putting a price tag on your baby when a child is priceless is a hard thing to do, but you need to be realistic.  

Like I said, talk to an attorney and see what an attorney suggests.  

NO.

I know she doesn't practice in your state, and I don't offer lightly (and tell her I told you specificly to contact her), but PM Sam.  She's a domestic law attorney and see what her opinion is.

its going to be next to impossible to prove that any damage found years later was a result of an accident while still preggo... im not sure what i would do...

Let me provide you a little advise.  In 2008, I went through a very serious accident breaking my pinkie knuckle with permit damage.  I went to a lawyer, and got just enough informaiton to determine what I needed to do ON MY OWN.  A lawyer will take more than their share and you can probably do most of the work yourself.  Here is some fun fact the insurance company doesn't want you to know:
1) they have to pay face value of the medical bills; transportation, etc.  I am not sure how much your bills were, but understand they don't get to just pay what you had to pay out of pocket.  Now some insurance (heath) will request any money paid to you be re-paid; however, some don't (like mine). 
2) Estimate double your medical bills and that is what you can expect (without a lawyer); with a lawyer you can get three times, but only to pay the lawyer the third part. 
3) Insurance companies try to clear you from their books, another words they don't want to carry your claim into 2010; so the more you hold out getting close to end of year, you tend to have a little flexibility. 

Now additional recommendation-counter off at least twice.  If this is their first offer; you have two more counter offers to go.  They usually won't change the "medical" part but I would go back to them with higher than you want knowing what you will settle with.

I had $25K in medical bills; and in the end came out with a settlement of $70K....

Hope this helps.   Stacey

While I'm glad you were able to get the results you were after and on your own, you are wrong. 

While there are crook attorneys out there, not all of them are.   That's the biggest stereotype out there.  Kind of like saying all German's are Nazi's.  Sounds a bit ridiculous.   

Most of the women on this board know that my husband is an attorney.   I'm telling you right now that he doesn't work 12-14 hour days in the office and then comes home and works more because he's picking his nose and then charging his clients for Kleenex.   He works his ass off.  

He sues insurance companies all day long.  Do you realize the amount of work it takes if a case goes to trial?  Do you realize the amount of hours spent on one case alone even if it only ends up being a settlement conference?  

I'm sorry that you have a bitter taste in your mouth towards attorneys, but do not put a blanket statement out there like that when it simply isn't true.  

50% of my husbands cases could have been avoided all together (maybe even more) if people didn't think they could just go it on their own and play lawyer.    I will agree and say that some cases, no, you don't need an attorney, but not in this case.   She needs an attorney.  And I have nothing to gain by saying that because my husband is not licensed to practice in her state and couldn't help her anyway.