Auto Insurance Forum

How do adjusters come up with a settlement amount for pain and suffering after a car crash? My children were with me in the car when we had an accident, and they were injured — can they make a claim for pain and suffering, too?

Vickie, Texas

Insurance companies rarely volunteer to pay for pain and suffering, so I doubt the adjuster in your case will provide compensation for that without your request. Rather, the pain and suffering settlement is a dollar amount usually calculated by a personal injury attorney familiar with such claims. Consumers rarely know the monetary value of their pain and suffering. And yes, if your children were injured in this accident, you can make a claim for pain and suffering on their behalf.

For more information, read When to hire a personal injury lawyer.

Remember, your total bodily injury settlement should cover your medical bills, any lost wages if you missed work due to your injuries, and your pain and suffering claim. All of this is subject to the policy limits on the other driver's liability insurance policy. So if you had $100,000 in medical bills but the other driver's liability insurance is capped at $50,000, you would need to sue the other driver for the remaining $50,000. Alternately, if you have uninsured/underinsured motorist coverage (UM/UIM), you can make a claim on the underinsured motorist part of that policy for your remaining medical bills.

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