Last November, I was in a motorcycle accident. I was a passenger on the motorcycle, and a car cut us off. As a result of the insured’s negligence, I was thrown from the motorcycle approximately 25 feet onto the street, landing on my back. The insurance company has accepted 100% liability for this incident. The motorcycle I was on incurred about $3000 in damage and was declared a total loss. Following the accident, I went to the ER at a nearby hospital with right knee pain and neck pain. I was examined and diagnosed with a knee contusion and discharged with orders to take ibuprofen for pain.
In December 2010, due to ongoing pain, I went to see a chiropractor, who examined me and had radiographs taken of my cervical and lumbar spine. He diagnosed me with chronic post-traumatic cervical/thoracic/lumbar sprain/strain, cervical, thoracic and lumbar paraspinal myospasm, post-traumatic headaches and a sacro-iliac subluxation. He opined that my injuries were all causally related to the accident, being totally disabled for 2 days post accident and partially disabled from Dec. 2010-Sept. 2011 and continuing. He also said that I have a permanent partial impairment of the lumbar spine.
I was treating regularly with the doctor through January 2011. In late January, the $500 in med pay benefits available to me were exhausted. Despite my continuing pain, I was therefore forced to discontinue treatment with the chiropractor because I could not afford to pay out-of-pocket for any future appointments. Pain comes and goes throughout the next few months, and finally I had to resume treatment with the doctor until late September 2011 and hire a lawyer.
The lawyer submitted a demand asking for $20,000. The insurance company came back and offered $11,500, leaving me with about $3,750 in my pocket after medical expenses and legal fees.
**Was the demand reasonable, and should I take the settlement? I was surprised the demand they asked was so low. I want to get an MRI next week, but was not recommended to until I agree to the settlement as the fees would be taken out of my settlement .I continue to suffer re-occurring neck and mid to low back pain that is aggravated by bending, sitting and lifting. I got a 2nd opinion from a chiropractor, and he recommends treatment 3x a week for 36 weeks.
Thank you for your time. I look forward to your response.