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Pain and suffering for a hit and run

by Kat

I was involved in a car accident in Nov. '09. The other car failed to yield to oncoming traffic (me) and hit the driver's side of my car sending me over the center median, through the bushes and ending up facing oncoming traffic. The other car fled the scene. No one saw the actual accident- only the aftermath. Police were called and a report was taken.

They never found the other car.

My back was injured and I was going to a chiropractor 3x/wk for about 10 wks. The medical bills were not very high (about $1500), and my insurance paid for them all. I was in nursing school at the time and was unable to participate in some the basic patient care (lifting, bending, etc.). It was also a huge pain to have to go to the doctor 3x/wk while studying for finals (I graduated in Dec.).

My car was totaled and my insurance gave me a fair settlement for the value of the car (I just finished paying it off 7 hrs. before the accident). They did take out my deductible from the total even though I pay for my deductible to be waived in case of uninsured motorist property damage, which their website says includes hit and run drivers. My adjuster told me I could reclaim my deductible by filing a UMBI claim, which he said was "pain and suffering" when my medical treatment was done, and I would get a couple thousand out of it.

I called to file the claim and he offered me $1000. I think my pain and suffering is worth much more than that. If I were dealing with the other person's ins. co., I would be asking for much more (a friend of mine in the ins biz told me $8000 is the norm). What do you think?


Hello Kat,

You are correct. You are entitled to pain and suffering. You will be dealing with your own insurance company, but the UMBI claim is split (from the PIP), where you will be treated as a “third” party person.

You claim is probably worth more. You need to remember that insurance adjusters offer low to start. This is a negotiation.

I recommend you get and read this ebook:

Also, please see our pages on pain and suffering here,

Good Luck,

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