How do you determine the amount for "pain and suffering" from an auto accident?

I was in a car accident and rear ended by someone about 5 months ago. I was NOT at fault. My car was totaled and I have already settled with the insurance company for that. I suffered some back and neck injuries. I completed my treatment a couple of months ago. I missed 4 work shifts and my medical bills totaled just over $3,000. The insurance company offered me $5,000 for the medical bills and pain/suffering. I know the insurance companies always offer a lower settlement than what they are willing to pay, but how do I know what is within reach without getting an attorney. I don’t really want to take that route.

As the first answerer said, it depends on the amount of the coverage, but, yes, they’ll probably move up from the first offer, especially if you make a reasonable counteroffer. I can’t comment on the specifics without knowing a lot more, but here’s some ideas.

The two usual ways to calculate pain and suffering are either using the amount of the medical bills as a base or so much per unit of time. Neither one is a perfect system but they help come up with a number. It sounds like you put up with the pain for 3 months–what’s that worth to you per month? $500 a month? $1000 per month?

The classic formula is 3 times the medical bills, so that the claimant, the lawyer and the doctor each get the same amount. Keep in mind that you don’t have a lawyer to pay.

Decide on a figure and ask for something that a bit more than that. Don’t lower your initial demand until they make a counteroffer. Listen to what they say, have some points to raise about how much this affected your life, etc, and be prepared to compromise. If you feel like you’re losing the argument, ask for time to think about it and call them back.

(BTW, don’t forget to ask for the amount of the wages you lost on those 4 shifts you missed–they’re part of your claim.)