help settling a auto accident claim

PKPunk

Senior member
Feb 26, 2001
384
0
0
I was in a car accident last year where some lady broadsided my car. she made a left turn without checking on coming traffic(me). She caused 13,5k damage on my car, it was a pretty hard hit to my drivers side door. My insurance company pretty just billed her insurance for all the damage to my car but I also have a medical claim that need to settle. The impact from the accident messed up my back and neck, all my muscles seized up. I had about 2500 in medical bills and had to go through about 3 months of physical therapy. At the time I didn't have health insurance so I had to pay it all out of pocket.

So the claims adjuster just left me a voicemail saying he's ready to make me offer. I haven't called him back yet. I was thinking that I'd just take whatever he offers me cause I'm sick of dealing with crap but now that I'm thinking about it was a hugh hassle for me while I was recovering because of all the doctors visits, therapy visits and being drugged up for a month straight. I don't know how much I should ask for from him...I'm sure he's going to give me a low ball offer. I was wondering if anyone here has had a similar situation, and what?s a fair amount for me to accept?

Update 1:
After playing phone tag with the adjust for 2 weeks I finally get a call back from him and he offered me 900 bucks...I had 2400 in medical bills and he offers me 900 bucks. His justification for it is that his company feels that I was half to blame for the accident and they'd only cover half my bills. They further lowered the amount because my physical therapy was 200 bucks a visit and they most they pay was 125 so they're only offering me 62 bucks per visit. I mean 900 bucks is just ridiculous, I had to go the therapy for 2 months, take pills that dazed the hell out of me and do all these stupid exercises to regain my range of motion.

They tried to do this half my fault excuse when they were working the property damage claim too. I had a police report that said it was their client at fault. They said the police report had no value because officer didn't actually witness the accident and it was opinion based. My insurance company took them to arbitration and they ended up paying 100% of the property claim. Also the accident is in my dmv record as a not fault accident.

Now I'm just fed up and I'm hiring a lawyer. I have a appt. to meet my dad's lawyer next week, since it's a small amount she suggesting that I sue for 5k in small claims so I can avoid her fees but I think I'm going to have her represent me to be safe.

Oh I probably would accepted 3k offer, I just wanted to be done with this but now it's on, and I'm in it the long haul...It's more about spite than anything else.

Cliffs:
Got in accident that wasn't my fault
2400 in medical bills
2 months annoying therapy visits
Other insurance co said I was half at fault
Insurance company offered me a lowball 900 settlement
Getting a Lawyer.

 

XMan

Lifer
Oct 9, 1999
12,513
49
91
Add up how much you spent out of pocket, then add a bit for "pain and suffering." If they offer more than that, take it.

Was your car repaired or anything? One thing that pissed me off is, I got rear-ended, and the guy's insurance paid to have the damage fixed, but now that I'm trying to trade my car in, all the auto dealers are trying to low-ball me on my trade in - "oh, your vehicle has been rear ended." So that's something to consider as well. If they totaled your car out though, moot issue.
 

TriStar

Banned
May 20, 2005
397
0
0
Yes, I have been in a similar situation and the best thing for you to do is hire a personal injury lawyer.

The adjuster will walk all over you and you will wind up with on tenth of what you need and deserve. You don't know what the long term effects of your injury may be, but the PI lawyer will get you all the medical care you need with a long term prognosis.

Do not ever deal with an insurance adjuster on your own. They make thier living screwing people out of what is due to them.
 

PKPunk

Senior member
Feb 26, 2001
384
0
0
Originally posted by: TriStar
Yes, I have been in a similar situation and the best thing for you to do is hire a personal injury lawyer.

The adjuster will walk all over you and you will wind up with on tenth of what you need and deserve. You don't know what the long term effects of your injury may be, but the PI lawyer will get you all the medical care you need with a long term prognosis.

Do not ever deal with an insurance adjuster on your own. They make thier living screwing people out of what is due to them.

Yea that's what I'm hearing but I was hoping to take care of this without a lawyer cause I'm afraid of the huge commisions they charge. Plus my injuries are all healed as far as I know. It's been over a year since the accident and I don't have any remaining pain. I still can get a lawyer since I have 2 years to sue in california
 

farmercal

Golden Member
Mar 23, 2000
1,580
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0
Better talk to a lawyer FAST. Otherwise you WILL be screwed. Trust me, been there, done that, got screwed.
 

Maximus96

Diamond Member
Nov 9, 2000
5,388
1
0
get a lawyer. i was in an accident myself, almost 2 years ago now and AAA is still trying to screw me. i was hit from behid at a dead stop and at first AAA denied the property damage. went to small claims and won. AAA appealled. went to appeal court and won, that forced AAA to pay for the property damage (my car). now we're suing for medical bill. AAA denied. we went to a mediator which ruled in my favor. AAA appealed the decision and we're waiting to go to trial next month.

long story short: GET A LAWYER!!!!
 

chambersc

Diamond Member
Feb 11, 2005
6,247
0
0
I can almost guarntee you 60k you could ask for. I had a friend who went through the exact same thing (u-turn and doorside hit) and she walked away (after all med bills) with 56...and change (thousans). lawyer up though.
 

stnicralisk

Golden Member
Jan 18, 2004
1,705
1
0
Guys dont drive him to try to rape. He is doing the right thing he wants to get what he is owed rightfully. I would definately ask for more than 2500 however. Dont forget time you missed from work etc and the possibility of future problems. I have a few minor injuries and from time to time I reaggravate them - I can imagine that a car accident could cause some problems down the road.
 

Bryophyte

Lifer
Apr 25, 2001
13,430
13
81
How much time/money did you lose from work because of their client's negligence? Try to get reimbursed for that too.
 

razor2025

Diamond Member
May 24, 2002
3,010
0
71
Typical insurance moves, get a lawyer. Although I detest lawyers, they're neccesary evil. Definitely try to get more than $2500, those bastards caused you enough grief as it is.
 

Maximus96

Diamond Member
Nov 9, 2000
5,388
1
0
i don't know where you're at, but in CA at least, you can't have a lawyer with you in small claims. say you win in small claims and the other insurance appeals, then you can bring a lawyer. I went thru the exact same thing. in fact i'm still going thru it...
 

PKPunk

Senior member
Feb 26, 2001
384
0
0
Originally posted by: Bryophyte
How much time/money did you lose from work because of their client's negligence? Try to get reimbursed for that too.

I'm kind of screwed for that because the company I worked for is out of business now (they went under shortly after my accident), I lost about 2 hours a week for about 2 months and according the ins. co they only way to ask for re-imbursment is to have my paystubs and signed paper from the HR dept saying I missed those hours because of the accident. Since they went under I can't get either of those. It worked out to 16-20 hours of missed work for doc appointments + 2 or 3 days of sick days cuase I was so drugged up. It's even worse because at the time I was a contractor so all my time off was unpaided.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
I wonder how they'd feel about it being "half your fault" if you were their customer.
 

ttown

Platinum Member
Oct 27, 2003
2,412
0
0
ask for $250,000
mention if you don't have to involve a lawyer, you might settle for half that... but you might change your mind tomorrow

the other drivers lame insurance is the other drivers problem

$cost for car + reimbursement for loss that you WILL incur when you sell it (because it has been damaged) + actual medical costs + time off work + $$$$pain'n'suffering$$$$ = $250,000 (or more)

as far as you know, you'll be impaired with pain for the rest of your life. Is that worth $3000? $5000? NOPE!!

edit: and ya... get a lawyer
 

amol

Lifer
Jul 8, 2001
11,680
3
81
However ... I do have some good news for you ...








I just saved a bunch of money on my car insurance by switching to Geico.
 

chambersc

Diamond Member
Feb 11, 2005
6,247
0
0
ouch. you shoulda had a cop come by and charge her that way no one could claim it was your fault.
 

Bryophyte

Lifer
Apr 25, 2001
13,430
13
81
Be careful about how you settle. I've known two people who had severe arthritis settle in later after having whiplash in a car accident. Rendered them unable to work or function well. :(
 

Maximus96

Diamond Member
Nov 9, 2000
5,388
1
0
Originally posted by: chambersc
ouch. you shoulda had a cop come by and charge her that way no one could claim it was your fault.


definately. but usually they hate to come out unless somebody is injured. you can also tell them you're in pain. i lucked out, a highway patrol was right next to us and witnessed a lady rear ending me and immediately pulled us over. the other car left its license imprinted onto my bumper. having the imprint, a police report and a police as witness, AAA is still trying to screw me. you must get a lawyer, its frivolous dealing with insurance companies on your own.