Settling with an insurance company - accident.

[mrsilv04]

I was in a minor accident this spring, got hit from behind while stopped at a red right. No doubt as to who was at fault on it. I couldn't avoid it, as I had someone in front of me. I was trapped.

The damage to my pickup was $600 for a new rear bumper assembly, which has already been paid for by the other insurance company. My medical bills are $1,500, which was all Chiropractic care.

After the accident, I was off of work for a day and a half, and then I worked two days from home. For follow up care, I saw the Chiropractor 22 times in total... so I lost the equivalent of 3 more days of work with that.

I was in a fairly bad accident in 2009, where I was hit from behind as well. Of course, they're going to use that against me in this settlement.

I need to settle with the other insurance company. Their adjuster wants me to make the first demand for pain and suffering, so we can settle this out.

Where does one even start, in putting a dollar amount on this?

 

[Huie83]

I was in a similar situation when I was younger and really wished I would have followed up.

I saw a chiropractor multiple times. Now, over 10 years later the long term effects on my back are coming back to bite me.

I'd get as much as you can, especially if your Dr. thinks you will have long term effects. Your lawyer should be able to come up with a figure.

 

[DerbyDave]

I was in a motorcycle accident about 3 years ago where the driver of a car was blinded by the sun and pulled out in front of me. I went down tearing up my elbow and breaking my shoulder (would have been much worse without gear). I discovered after a year of fighting the insurance company that I should have hired my attorney right at the beginning of it all. A good attorney is expensive but makes you more than they cost.

 

[CKN]

You need a lawyer. The insurance company has a whole room full of them......

Pain, suffering, missed employment. You need an expert.

 

[dlayman]

Originally Posted By: CKN
You need a lawyer. The insurance company has a whole room full of them......

Pain, suffering, missed employment. You need an expert.


THIS!! Of course they want to settle quickly. Then their liability is done. Absolutely no way I'd be doing this without an attorney, you may have already damaged your case by proceeding this far without one.

 

[dlayman]

Originally Posted By: mrsilv04

I need to settle with the other insurance company. Their adjuster wants me to make the first demand for pain and suffering, so we can settle this out.

Where does one even start, in putting a dollar amount on this?



What do you mean you "NEED" to settle? No you don't, there is no stopwatch on this. They want to settle out so they are free from future liability. LAWYER UP YESTERDAY!!

 

[WylieCoyote]

My sister was broadsided by an oncoming car in 2010 that lost control and fishtailed into her Acura TSX. Door came in on her hip, and the car flipped on its roof. She was pretty badly hurt and still has back trouble to this day.

She lawyered up. Not sure who the offender's insurance company was, but their limit was $25K P&S as an out of court settlement.

They paid her medical bills and car also. If you are in the position to go fight it out in court, you may be able to get more, but it's a gamble, and your attorney will get 40%

My sister wasn't up for a potentially long court battle, just to give 40% of it up to the lawyer, so she took the $25K P&S.

Good luck to you whatever you decide. Insurance companies are going to do whatever they can to keep money out of your pocket, even if their client is a total doorknob.

 

[dlayman]

Unfortunately, this is exactly what the insurance companies hope people do, and take advantage of it. 25k for a lifetime of back trouble doesn't sound too appealing to me.

 

[BigD1]

I told my son to get a lawyer this past February when he was in a head on collision at 55 mph. Lawyer gets 33%. The lady that hit him was brain dead on impact, and she died a few days later. Her insurance had lapsed by a week, so this mess was going to be uninsured motorist. Lawyer did find out that my car insurance covers him even though he is not on the policy. He only had to be living me at the time of the accident, and he had just moved back home a month prior. Lucky for him!

I had no clue that he would be covered under my insurance. Lawyers know stuff like this, and I don't.

 

[tgrudzin]

Your first consult with any lawyer should be free. Feel them out. Nothing says you have to pay 33% of settlement (oh, that is not including the expenses.) Go the the insurance company and tell them $1.75 million is your first offer. If they take it, then get a lawyer because you know it's worth more than that.

Something to watch for, since your went to the Chiropractor 22 times, someone paid for that. Like maybe an insurance company? In a recent court case, the insurer went after the client for part of the settlement to cover insurance costs. Take 100, 000 give 33% + expenses to a law firm, then have the health insurance come to you for there cut, you don't get much. Get an expert in this field and tell the insurance company. As for the 2009 injury, you were healed before this person hot you.

 

[Kuato]

It all matters how you feel about it.

Three ways you can go with this:

1) Hardball. Ask for all your costs including lost time from work plus $250000 for pain and suffering and let them negotiate downward to a number that you're ok with.

2) Easy. Ask for double all your costs including lost time, the double is for your pain and suffering - if you aren't suffering from anything long term, this could be the easiest.

3) Insist they make the first offer.

Any and all of these could possibly be helped with, or with the threat of, an attorney. Put it in writing, let them know you will only accept proposals from them in writing (that way you have a record if it needs to go to court)

Keep in mind that an attorney will generally keep 1/3 of the award once the bills are paid.

There IS a statute of limitations on how long the claim can be outstanding...and that varies state to state; they may try to drag it out long enough, but using the term "bad faith" will help there but I wouldn't delay since these could drag on. A little research might show the amount of compensation you could receive.

Good luck I hope this helped...I used to work in liability for a large auto insurance company so have a bit of experience in this; PM if you have some specific questions and I'll try to answer them for you.

 

[AZjeff]

The at-fault driver's insurance company is liable for the maximum amount in his policy. Ain't going to get a million on a $25K limit. Above the policy limit is a civil suite. Lawyer up. You may be a nice guy but this is not the time to be a nice guy and let the insurance company off easy.

 

[CKN]

Originally Posted By: AZjeff
The at-fault driver's insurance company is liable for the maximum amount in his policy. Ain't going to get a million on a $25K limit. Above the policy limit is a civil suite. Lawyer up. You may be a nice guy but this is not the time to be a nice guy and let the insurance company off easy.



THIS^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

[Jarlaxle]

Don't bother if the guy is a turnip.

 

[Nate1979]

Let your insurance company deal with this.

 

[Pop_Rivit]

Originally Posted By: mrsilv04
Where does one even start, in putting a dollar amount on this?


A little common sense would tell you that this is an issue for an attorney to figure out, not a discussion forum. Find a quality attorney that has experience in this area and opt in for the free consultation. Then you'll have some decent information on which to base your decision.

 

[dlayman]

Originally Posted By: Nate1979
Let your insurance company deal with this.


That would be an option. They would pay the claim and then collect from the other company. However, they still will want to minimize their risk, as they may or may not be able to get complete restitution from the other company, so I doubt that would get him the best payout, probably no better than dealing with the other company directly. A conversation with his own company might be in order, though. This would be a convenient option, but IMO not a great one. I still think a private attorney is the way to go once medical issues are involved, especially ones that are likely to linger.

 

[CKN]

Originally Posted By: Pop_Rivit
Originally Posted By: mrsilv04
Where does one even start, in putting a dollar amount on this?


A little common sense would tell you that this is an issue for an attorney to figure out, not a discussion forum. Find a quality attorney that has experience in this area and opt in for the free consultation. Then you'll have some decent information on which to base your decision.



A few months ago we were discussing medical issues on BITOG. If you can change your own oil you have so much to contribute elsewhere!

 

[04SE]

I was in the exact same situation about 4 years ago. Basically, the kid's insurance company took my lost wages & medical bills, doubled it and gave it to me after paying for the medical bills and car to be fixed. I got around $1,600. I seriously doubt you get more than $2,500. If the damage to your truck was only a bumper (as was ours) they aren't going to pay much. I would start at like $10,000 and go from there. Sure, you can get a lawyer spend a year fighting it and then get 2/3 of the actual settlement.