Insurance Settlements Options

[BlackCelicaGT94]

Ok so i was involved a minor accident in August. I was at a complete stop and got hit at about 20 mph from behind. I ended up with some whiplash. The insurance of the car that hit me now wants to settle and i talked to them and they said they will give me 270 for my gym dues for the month that i missed due to the accident and 250 for just getting hurt. I said umm ill have to think about that cuz that doesnt seem fair to me. I didnt hit them up for a rental for the week my car was in the shop and it inconvenienced my life for a bit. They also said that usually there shouldnt be injuries with an accident like this but since i was hit a few years previously that an old injury must of flaired up and im thinking yeah that may be so but if i wasnt hit at all then i wouldnt have been in pain at all.

So how do i go about writing back and telling this guy that i will only settle for 1,000 dollars. Im not being greedy. Im just pissed that I was hurt and im being treated like im lying. I was referred to physical training and massage therapy at the time but was unable to do PT cuz i had no money and could only do one massage therapy cuz thats 70 bucks a pop. They also dont probably even want me to figure out how much of a loss it was for my dad to take me to work each day and pick me up for a week and the business he lost for a week.

This post has been edited by BlackCelicaGT94: Jan 31, 2006 - 4:29 PM

[jayi12-15psi]

ok, first, are you covered under your insurance? If so, your insurance company should do the talking for you, getting the most for your settlement.

If not, it is wise to at LEAST get a consultation from a lawyer.

Your lawyer will give you several options, last resort is to go to court against the insurance company(yikes)

a. your lawyer can ask that the disbute be brought in front of a "mini-trial" which is a shortened trial before an un-official judge.

b. your lawyer can ask that the disbute be brought before a summary jury trial, in which an unofficial jury hears your case.

-both of these options result in a NON-binding decision(recommendation). These options give both parties an idea of the outcome of the case. If it looks probable that you would win, the insurance company might settle.

c. arbitration- an arbitrator hears the evidence and hands out an enforcable decision. I would not recommend this, larger corporations have a tendancy to win in arbitration.

hope some of this helps, hope you're covered by your insurance.

[BlackCelicaGT94]

im not bringing laywers into this over 1,000 dollars. lol!

and ive never had my insurance compnay do the talking for me. they didnt do anything so why would they speak for me?

[OrbitalGT95]

im dont know **** when it comes to things like this, but i know for sure that you souldn't make any decisions w/o a laywer. if ur not gonna get one, then then my advice would be take what they give you because i dont think they will give you much more

[BlackCelicaGT94]

i held out on my last one and got 2500 with no lawyer..ive never gotten a lawyer before. seems like a waste.

[afroman]

well then i have to say if you dont want to get a lawyer and you have held out for more money in the past why the hell are you asking us what to do. it sounds like you have it figured out.
-Aaron-

[BlackCelicaGT94]

well i just dont know what i write in a reply email saying hey you inconvenienced my life when i got hit and i deserve more than 500 bucks. im really bad with wording things and explaining myself.

[95gtschick]

ask Tina, she's good with this kind of stuff

[Galcobar]

Detail exactly how you were inconvenienced, but don't use that word. What financial hardships did this cause? How did this impair your ability to earn a living, and to by what dollar figure? What medical treatment did you undergo, and what will you undergo in future?

You'd have a difficult time getting the other driver's insurance company to cover your father's losses while he was helping you, though you could throw that in as a concession -- a way of saying "I could ask for more, but I'm not being greedy."

The idea is to quantify exactly what this accident cost you in dollar figures. Pain and suffering is a subjective addition to that, and negotiable. Before you settle, run the numbers. You might be surprised to discover the real cost.

[gas65]

I think you need to explain in more detail a few things before anybody can give you any advice.

From what you wrote already I take it the police report said the other driver was 100% at fault?

You had some whiplash? You either have it or you don't, do not let the other insurance company here you say you had SOME , it makes it sound like it was nothing to worry about. Clearly say I have whiplash! Whiplash can come back to haunt you years down the road so don't take it lightly.

Have you had whiplash before from a previous accident?

Are you still having any problems with your injuries?

Did you get any medicine for the injuries and are you still using them?

Did you miss any work because of the accident?

Do you have any medical bills that they have'nt paid?

Have they paid for any of the damages to your car ? What are your total damages?

What kind of coverages do you have on your car from your own insurance company? I know insurance changes from state to state, but see if you have some kind of coverage that pays your medical bills up to a certain amount until the claim is settled. Kentucky has (PIP) personal injury protection which does this.

Did you call this other insurance company after a police report was written up and ask for a claim number to use so your medical bills would be sent to them instead of you?

[BlackCelicaGT94]

I think you need to explain in more detail a few things before anybody can give you any advice.

From what you wrote already I take it the police report said the other driver was 100% at fault?
There was no police report made. I was hit from behind on my bumper so obviously it was her fault and her insurance company acknowledges that

You had some whiplash? You either have it or you don't, do not let the other insurance company here you say you had SOME , it makes it sound like it was nothing to worry about. Clearly say I have whiplash! Whiplash can come back to haunt you years down the road so don't take it lightly.
Yes i had whiplash

Have you had whiplash before from a previous accident?
yes an accident 2 years previous. but my doc told me i needed to strengthen my back so my parents made me get a personal trainer and i had one on and off (mainly on) for 2 years so im sure my back was a lot stronger this time around
Are you still having any problems with your injuries?

Did you get any medicine for the injuries and are you still using them?
i was given anti-inflamatories. couldnt take one cuz of bad experiences previously. no longer taking

Did you miss any work because of the accident?
my work is very important to me and i was with a company that was not very understanding of time off so i made all my appointments for non work hours

Do you have any medical bills that they have'nt paid?
my work insurance has seemed to cover it. havent heard anything from them. i just had 2-3 copays. the insurance rep for the girl who hit me said that if down the line they came back he would pay them even if its after we settle

Have they paid for any of the damages to your car ? What are your total damages?
damages were paid for. i think it was like 1,000 bucks maybe...probably less.

What kind of coverages do you have on your car from your own insurance company? I know insurance changes from state to state, but see if you have some kind of coverage that pays your medical bills up to a certain amount until the claim is settled. Kentucky has (PIP) personal injury protection which does this.
dad doesnt wanna go thru PIP..too much hassle

Did you call this other insurance company after a police report was written up and ask for a claim number to use so your medical bills would be sent to them instead of you?

[gas65]

Just ask for the $1000 and take whatever he offers you next, your injury was minor. You missed no days of work, you decided not to continue your physical therapy, and it looks like you are looking to get paid. Sorry but just being honest with you, good luck getting much money.

I will give you some advice so next time you get into a wreck you can get some money for pain and suffering, etc.

1. If you are not at fault call the other insurance company and get a claim number for your medical bills or use your PIP insurance, it is'nt a hassle. They will give you a claim number to give to all the places you have been treated at. Don't use your company insurance to pay the bills because than you have co-pays they want paid upfront, plus that is what makes your company charge everyone higher rates for later on.

2. Go to all your physical therapy and such, it looks like you are faking an injury when you don't. Money should'nt be a problem if you get a claim number from the other insurance company or use your PIP. Why are you paying for PIP if you aint going to use it?

3. Ask for a rental car from the other insurance company, if they have claimed responsibility from their driver. If they have not acknowledged responsibilty, you can ask them for one, but you might have to either rent one on your own through your insurance company(if you have that coverage) or just have dad write you up a receipt for renting his.

4. If you are truely injured and not having a case of broken nail syndrom, you should get a lawyer. Get one that gets paid 1/3 of your worked missed, pain and suffering monies. Your car repair and medical bills should not be counted towards what they get paid. A lawyer who gets a commission instead of a set payment will work harder for you and will get more money than you probably can yourself. Plus they will keep you from signing something that you might regret later, the other persons insurance company is always trying to find a way to keep from paying a claim, and they might put something in the paperwork you sign that releases them from responsibility. Never trust the other persons insurance company or lawyer!

5. Get a new job, if yours is that bad about missing days because you are hurt in a wreck. Most decent jobs will let you off because you won't be productive anyways. You will get the money back as part of your claim against the other person anyways.

Like I said before, these are for when you are truely injured and breakin a nail does'nt count.

This post has been edited by gas65: Feb 1, 2006 - 1:44 PM

[BlackCelicaGT94]

thanks for the tips...but guess ill deal with this on my own

i agree partly with what ur saying but alot of it i have to do what my dad says cuz he pays my insurance on my car and is owner of my car.

[jayi12-15psi]

ok, but if I were in your situation, I would AT LEAST get a lawyer's consultation. Non of us here are lawyers(well, maybe) you need a professional opinion.

[BlackCelicaGT94]

i wrote him this

Mark -

I will contact my doctor this week or early next week to see if there
are 1 or 2 more doctor visits on file because there should be.

Thinking about it Im kinda disappointed that you would consider 250 for
the pain i was in. I was involved in an accident about 2 years previous to
this one and you say that from doctors notes that maybe an old injury flaired up and call it what you will but when it comes down to it if I wouldnt have been hit then i wouldnt have been in any pain for even the couple months
i was. This accident was an inconvenience not only to me but to my family.I didnt bother you guys for a rental while my car was in the shop. I had my dad take me to and from work and im positive he took a loss financially due to having to take me to and from work.

Ill let it be known right now that I dont think your offer is acceptable
and I will settle for 900 but for anything less then i will go try and get
those other doctor notes and i will get you the notes from when i saw a
massage therapist back in september or october.

Your attention to this matter is greatly appreciated.

Thanks again.



he wrote back:
I will take a look at any other records once I receive them. As you
know, we consider this to be a very minor impact, so when reviewing the case we only consider treatment that is reasonable, necessary and
directly related to the accident.

[jayi12-15psi]

Don't you realize that they look at you and see no lawyer and no law experience. They can and will walk all over you without legal support, you need to AT LEAST seek a consultation. You are seriously wasting your time and money even talking to this guy, they will fight to the death to pay you as little as they have to and you WILL lose without legal knowledge or representation, I promise you will only get the 250 without help.

I'm sorry, I like you, but you're being very foolish about this.

[BlackCelicaGT94]

my parents wont let me so ill have to deal! umm it was not that big of an accident that i need a lawyer for. im sure with the extra paperwork ill get an extra 250 and then ill call it good.

im mainly pissed cuz i had a personal trainer and was getting really into it then got in this accident and BAM i had to quit for a month and had to start from scratch! wtf!