Settling a Bodily Injury Insurance Claim?

[TangoJuliet]

In addition to this thread
http://forums.anandtech.com/me...id=38&threadid=2070890

I was involved in a car accident on 7/11/07. My car was not totaled but there was $7500 worth of damage to the car. After the accident I had a large abrasion on my head, a massive headache, sore neck, back and shoulders - typical whiplash symptoms. I went to the hospital for xrays which came back negative. I also am going to be out of work for 9 days because of the medicine that was prescribed to me and my doctor recommended that I go to physical therapy for the next 3-4 weeks. My insurance company has already decided the liability was 90/10 in my favor. Since I was injured in the accident apparantly I am entitled to some monies from bodily injury.

I have never been in a accident before so this was all new to me. The other driver's insurance rep (Progressive) came to my home today and was willing to write out a check for $1000 on the spot. I told him I needed to think about it and talk to my family, etc. I googled the topic and found out this monetary sum can be negotiated and usually the money awarded is 2x's the amount of the doctor bills. I havent even gotten any of the bills back so I have no idea what that amount is.

Has anybody here ever gone through something like this and what can I expect?

Cliffs for people that dont want to read:
Got into a car accident
Car not totaled but $7500 worth of damage done
Minor injuries but doctor wants me to go to physical therapy for a month
Other driver's insurance company came by my house and wanted to settle the claim for $1000
Googled and found this sum can be negotiated
Anyone else been injured in a accident....what can I expect?

Edit: Update

Car has been back and forth from the body shop. An additional $1100 in repairs were added to the total. I have been going to physical therapy about 2 times a week and still have some lower back pain. I had to rent a car for 2 weeks which cost me $800 out of pocket. I also missed 9 days from work totaling about $1900 in salary w/o OT. So far my bills + missed time from work has totaled about $5500.

I got an email from the adjuster at Progressive asking if I considered settling and I said I had a number in my head. I gave him the details of the bills I have received and he basically brushed them all aside and said he would now give me an additional $200 for a total of $1200. I wrote him back saying that was yet another low ball offer. I told him I would continue to go to the doctor/PT.

I had to charge the rental car and that is sitting in my account unpaid along with some other bills associated with the accident. Should I just hire a lawyer and get this thing moving along?

 

[jimmyjam]

You can get more than that. Don't settle right away, the accident was less than a week ago. Make sure you heal and don't develop other problems before you agree on an amount. Don't be greedy, but you are entitled to compensation for lost wages, pain, suffering, and the inconvenience of not being able to do your daily activities. I don't know specific amounts of the top of my head, but that is definitely a low ball offer on their part to try to get the claim closed on their end.

 

[bctbct]

Tell them you are limp since the accident and you can get 6 figures.

 

[TangoJuliet]

Originally posted by: jimmyjam
You can get more than that. Don't settle right away, the accident was less than a week ago. Make sure you heal and don't develop other problems before you agree on an amount. Don't be greedy, but you are entitled to compensation for lost wages, pain, suffering, and the inconvenience of not being able to do your daily activities. I don't know specific amounts of the top of my head, but that is definitely a low ball offer on their part to try to get the claim closed on their end.

Yeah thats pretty much what I read when I googled the topic. My main concerns are that I am missing 9 days of work which is almost $2500. I had to rent a car for the next 2+ weeks while my car is being fixed and I had to drop a college class I was taking because its just too much at this time.

I was going to send the insurance guy a counter offer...something that I thought would be fair....was discussing with my family in the range of $4000-5000. I'm not trying to be greedy but think this is a more fair value right now. I begin the physical therapy tomorrow and then I want to go back to my doctor after thats over for a checkup.

 

[everman]

Get a good lawyer.

 

[TangoJuliet]

Originally posted by: everman
Get a good lawyer.

I read that was the worst thing to do in this type of situation. Because its not a major injury hiring a lawyer doesnt automatically increase the payout. Infact after the lawyer fee's etc you wind up with less if you negoiated it yourself....but thats from what I read.

 

[alrocky]

Progressive agent offered you the low ball figure of only $1,000 because you allowed him in your house and talked to him. It's a "stupid" amount.

Avoid the temptation to speak with anyone associated with the other party. Discuss what you should expect and normally occurs with your insurance agent.

 

[Tiamat]

$1000 is a low-ball. For those types of injuries/out of work, I think you could see at least 5k$. I would wait a couple of weeks, and get another check up to make sure you are ok. That way, if you are not, you can figure that into the amount.

Also, I don't know the protocal, but I would figure that your insurance agent should talk with their insurance agent. I do not think it is right that their insurance agent talks directly with you, who does not know all the rules/laws etc.

 

[TangoJuliet]

Originally posted by: alrocky
Progressive agent offered you the low ball figure of only $1,000 because you allowed him in your house and talked to him. It's a "stupid" amount.

Avoid the temptation to speak with anyone associated with the other party. Discuss what you should expect and normally occurs with your insurance agent.

I see. I called my insurance company (All State) about it and they said that they couldnt tell me what to do. This is kind of a side thing and its completely negotiable. Even though its called a bodily injury claim its really inconvenience, loss of wages, not being able to do things that I was prior to the accident, etc. All of my medical stuff is being covered by my insurance company but this is something that can be negotiated.

I wrote the insurance guy back saying that the $1000 offer was too low. I wanted to continue the treatments and go back to the doctor. However if he wanted to offer me something higher in the meantime then I would consider settling. Was that the right thing to say?

 

[Hacp]

Originally posted by: alkohoLiK
In addition to this thread
http://forums.anandtech.com/me...id=38&threadid=2070890

I was involved in a car accident on 7/11/07. My car was not totaled but there was $7500 worth of damage to the car. After the accident I had a large abrasion on my head, a massive headache, sore neck, back and shoulders - typical whiplash symptoms. I went to the hospital for xrays which came back negative. I also am going to be out of work for 9 days because of the medicine that was prescribed to me and my doctor recommended that I go to physical therapy for the next 3-4 weeks. My insurance company has already decided the liability was 90/10 in my favor. Since I was injured in the accident apparantly I am entitled to some monies from bodily injury.

I have never been in a accident before so this was all new to me. The other driver's insurance rep (Progressive) came to my home today and was willing to write out a check for $1000 on the spot. I told him I needed to think about it and talk to my family, etc. I googled the topic and found out this monetary sum can be negotiated and usually the money awarded is 2x's the amount of the doctor bills. I havent even gotten any of the bills back so I have no idea what that amount is.

Has anybody here ever gone through something like this and what can I expect?

Cliffs for people that dont want to read:
Got into a car accident
Car not totaled but $7500 worth of damage done
Minor injuries but doctor wants me to go to physical therapy for a month
Other driver's insurance company came by my house and wanted to settle the claim for $1000
Googled and found this sum can be negotiated
Anyone else been injured in a accident....what can I expect?

Get a lawyer. My mom was in a similar situation. She got her medical bills paid, 5 days of physical therapy paid,5 days of work pay refunded, and her car fixed. Plus, she got an extra 3k for whatever reason. Her lawyer must have worked out the extra money so he could recieve extra cash.

 

[TangoJuliet]

Originally posted by: Tiamat
$1000 is a low-ball. For those types of injuries/out of work, I think you could see at least 5k$. I would wait a couple of weeks, and get another check up to make sure you are ok. That way, if you are not, you can figure that into the amount.

Also, I don't know the protocal, but I would figure that your insurance agent should talk with their insurance agent. I do not think it is right that their insurance agent talks directly with you, who does not know all the rules/laws etc.

From what I was told my insurance company has nothing to do with the "bodily injury" portion of the claim. Its totally up to me and what I want to do. Am I wrong and not understand that correctly?

 

[TangoJuliet]

Originally posted by: Hacp

Originally posted by: alkohoLiK
In addition to this thread
http://forums.anandtech.com/me...id=38&threadid=2070890

I was involved in a car accident on 7/11/07. My car was not totaled but there was $7500 worth of damage to the car. After the accident I had a large abrasion on my head, a massive headache, sore neck, back and shoulders - typical whiplash symptoms. I went to the hospital for xrays which came back negative. I also am going to be out of work for 9 days because of the medicine that was prescribed to me and my doctor recommended that I go to physical therapy for the next 3-4 weeks. My insurance company has already decided the liability was 90/10 in my favor. Since I was injured in the accident apparantly I am entitled to some monies from bodily injury.

I have never been in a accident before so this was all new to me. The other driver's insurance rep (Progressive) came to my home today and was willing to write out a check for $1000 on the spot. I told him I needed to think about it and talk to my family, etc. I googled the topic and found out this monetary sum can be negotiated and usually the money awarded is 2x's the amount of the doctor bills. I havent even gotten any of the bills back so I have no idea what that amount is.

Has anybody here ever gone through something like this and what can I expect?

Cliffs for people that dont want to read:
Got into a car accident
Car not totaled but $7500 worth of damage done
Minor injuries but doctor wants me to go to physical therapy for a month
Other driver's insurance company came by my house and wanted to settle the claim for $1000
Googled and found this sum can be negotiated
Anyone else been injured in a accident....what can I expect?

Get a lawyer.

again
I read that was the worst thing to do in this type of situation. Because its not a major injury hiring a lawyer doesnt automatically increase the payout. Infact after the lawyer fee's etc you wind up with less if you negoiated it yourself....but thats from what I read.

 

[Hacp]

Originally posted by: alkohoLiK

Originally posted by: Hacp

Originally posted by: alkohoLiK
In addition to this thread
http://forums.anandtech.com/me...id=38&threadid=2070890

I was involved in a car accident on 7/11/07. My car was not totaled but there was $7500 worth of damage to the car. After the accident I had a large abrasion on my head, a massive headache, sore neck, back and shoulders - typical whiplash symptoms. I went to the hospital for xrays which came back negative. I also am going to be out of work for 9 days because of the medicine that was prescribed to me and my doctor recommended that I go to physical therapy for the next 3-4 weeks. My insurance company has already decided the liability was 90/10 in my favor. Since I was injured in the accident apparantly I am entitled to some monies from bodily injury.

I have never been in a accident before so this was all new to me. The other driver's insurance rep (Progressive) came to my home today and was willing to write out a check for $1000 on the spot. I told him I needed to think about it and talk to my family, etc. I googled the topic and found out this monetary sum can be negotiated and usually the money awarded is 2x's the amount of the doctor bills. I havent even gotten any of the bills back so I have no idea what that amount is.

Has anybody here ever gone through something like this and what can I expect?

Cliffs for people that dont want to read:
Got into a car accident
Car not totaled but $7500 worth of damage done
Minor injuries but doctor wants me to go to physical therapy for a month
Other driver's insurance company came by my house and wanted to settle the claim for $1000
Googled and found this sum can be negotiated
Anyone else been injured in a accident....what can I expect?

Get a lawyer.

again
I read that was the worst thing to do in this type of situation. Because its not a major injury hiring a lawyer doesnt automatically increase the payout. Infact after the lawyer fee's etc you wind up with less if you negoiated it yourself....but thats from what I read.

Reread. I edited.

 

[JC86]

I'm not a lawyer but i worked for two years at a personal injury firm specializing in traffic accidents and here's the process in a snap. Hope this helps.

The type of insurance you have is very important in a traffic accident. A lot of people like to purchase the cheapest possible policy and as a result, they have what we call "liability only" coverage. Which means your insurance policy will only be responsible paying the other party's damages if you were at fault for the collision. Anybody who has ever inquired or purchased auto insurance probably has heard of the following terms: UM/UIM, Medpay, BI, Comprehensive, etc.

Uninsured Motorist (UM) means if the other party that hit you doesn't have insurance; your own insurance policy can take care of the repairs for you. This also means that if you are involved in a hit and run, where the other party fled the scene, you can still get repairs through your insurance. Don?t worry; your insurance premium will not rise because you are not at fault for the collision. You insurance company will take care of you, and then turn around and sue the uninsured motorist.

Underinsured Motorist (UIM) Underinsured Motorist is if the other party's policy is insufficient to pay for your damages. This typically occurs if one person is responsible for a multi-car accident and has to pay for all the damages. This is when UIM typically kicks in.

Medpay is coverage for any medical expenses you may have incurred as a result of the accident. If the other party has insurance and is at fault, then their insurance will take care of any medicals but if they don't, med pay will cover it for you.

Bodily Injury: I?ll get into this in the ?filing a claim? section below.

Comprehensive: This coverage is typically for glass damage, or non collision related accidents.

You really pay for what you get in terms of auto insurance. If you want to save a buck and buy liability only, you're really **** out of luck if you are involved in a hit and run or if the other party doesn't have insurance. Because your own insurance will not pay for anything if this happens.



Immediately Following an Accident:

I can't stress enough the importance to GET A WITNESS right after an accident has occurred. I've seen plenty of cases where our client was clearly not at fault but since the other party lied about the accident facts and since there was no witness, the other party's insurance adjuster refuses to pay for the damages. Which then means that we need to go through arbitration, and if that doesn't settle it, court. A credible, independent witness makes everything a lot easier. Keep in mind that for civil cases. i.e. traffic accident disputes, traffic cameras cannot be reviewed to determine who was at fault. Traffic cameras can only be requested for criminal cases. Which makes a witness that much more important.

It is also vital that you take pictures of the accident scene. Cell phone cameras are not recommended; go buy a disposable if you have to. I've seen insurance companies dispute damages due to bad resolution of a cell phone image. The reason for taking the photos is for evidence of damages. I've seen cases where the other party, who was at fault, repair their vehicles the next day out of pocket, and then claim the impact was so low there wasn't any damage to their own car. Just to protect yourself, take pictures of both your damage and their damage, as well as any skid marks or relevant images.

Never, under any circumstances, admit fault for the accident. Call the police, they will come and take statements of all parties involved and prepare a police report. Let the police and the insurance adjusters sort through the mess. Primarily, who is at fault (liable) for the accident. You may think you are at fault when you really are not and vice versa. Just tell the police the truth and let them sort through it.

The Claims Process

An insurance claim is typically divided into two portions. The property damage portion (PD) and the bodily injury portion (BI). The property damage portion of the claim covers any vehicle repairs, rental, towing, and car seats; basically any property damage that occurred as a result of the collision. While the BI portion involved any medical bills, ambulance, ER etc. This is where the lawyers make their money. Since the PD portion is really cut and dry. This is how much damage, insurance pays for it. BI claims involve general and special damages, i.e. decline in quality of life due to injuries, suffering, emotional and physical. This is where hiring a lawyer is a good idea since if you try to do this yourself, insurance companies will just lowball you and get the claim over with. The property damage portion is processed very fast. Basically, once liability has been determined, the responsible party?s insurance will inspect your car, give you an estimate, and you can choose to have the car repaired or take a cash out. They will also be responsible for putting you into a comparable rental to the car you were driving. Note: this is a very debatable term. For example: A Corolla is typically considered a comparable to a Prius and a Taurus is full sized sedan. The BI portion takes a lot longer because you must complete treatment with your doctor. You doctor will send you or your lawyer a medical report and then your lawyer will compile a demand package that justifies why you deserve X amount of money for your suffering. On average, I?d say the PD portion is completed within two to three weeks and the BI portion can take anywhere from 4 to 24 months, depending on the severity of your injuries.

If you file a BI claim against the other party's insurance, they will almost always request a statement from you. This is typically done over the phone or in person, depending on the severity of the case. They will ask you a series of questions regarding the accident and what happened.

The Dirty Word: Lawyers:

This is where the grey areas come in to play. It is immoral, wrong and irresponsible to make a BI claim where you weren't really injured. It is borderline fraudulent. That being said, a lot of times, the shock from an accident actually numbs any pain from any injuries that you may have sustained from the accident. If there are any obvious and severe injuries go to the ER and get treatment. If not, go home and let your body settle down. Get a good night's sleep and then see how you feel in the morning.

It is also highly immoral, wrong and irresponsible to alter the facts of the accident to try and avoid responsibility for an accident. JUST TELL THE TRUTH. It is the right thing to do. A lot of times, the parties involved don't get any witnesses and they both have different versions of what happened. Then the insurance carriers just deny liability for their customers and the victim of the accident is left in the dust.

Regarding lawyers, I may be a bit biased but if you are involved in an accident where you have really sustained injuries, hire one. Injuries don't necessarily have to be a broken leg or shoulder. It can be sprains, bruises etc. You don't have to worry about the costs because injury lawyers typically work on a contingency fee basis, which means they take a percentage of any settlement money. The industry standard is that the client gets 33%. However, this is negotiable. You can compare different firms and haggle with them as far as how much you get. We've had clients who have gotten 60% or the winnings. The average is anything from 40-50%. You don't have to worry about them not working on your case if you ask for too much money, because they don't get paid if you don't. They know the ropes as far as dealing with insurance companies and they will take care of your whole claim. When they've reached a settlement for your BI claim, you have to sign a release, which releases the other party for any responsibility for any future claims. Basically, you can't sue the other party anymore after you sign the release for X amount of $$. You take your share of the settlement and case closed.

Obviously the whole process is a lot more complicated than this. There are a lot of details that I have not mentioned here. The purpose of this post is simply to educate. This isn't an attempt to turn you all into insurance scammers and frauds. It is to teach you how to protect yourself if you are involved in an accident. Like I said, TELL THE TRUTH and things will take care of themselves. Hope this helps, if there any questions, I will do my best to help. Cheers! Stay Safe!

 

[Hacp]

Originally posted by: JC86
I'm not a lawyer but i worked for two years at a personal injury firm specializing in traffic accidents and here's the process in a snap. Hope this helps.

The type of insurance you have is very important in a traffic accident. A lot of people like to purchase the cheapest possible policy and as a result, they have what we call "liability only" coverage. Which means your insurance policy will only be responsible paying the other party's damages if you were at fault for the collision. Anybody who has ever inquired or purchased auto insurance probably has heard of the following terms: UM/UIM, Medpay, BI, Comprehensive, etc.

Uninsured Motorist (UM) means if the other party that hit you doesn't have insurance; your own insurance policy can take care of the repairs for you. This also means that if you are involved in a hit and run, where the other party fled the scene, you can still get repairs through your insurance. Don?t worry; your insurance premium will not rise because you are not at fault for the collision. You insurance company will take care of you, and then turn around and sue the uninsured motorist.

Underinsured Motorist (UIM) Underinsured Motorist is if the other party's policy is insufficient to pay for your damages. This typically occurs if one person is responsible for a multi-car accident and has to pay for all the damages. This is when UIM typically kicks in.

Medpay is coverage for any medical expenses you may have incurred as a result of the accident. If the other party has insurance and is at fault, then their insurance will take care of any medicals but if they don't, med pay will cover it for you.

Bodily Injury: I?ll get into this in the ?filing a claim? section below.

Comprehensive: This coverage is typically for glass damage, or non collision related accidents.

You really pay for what you get in terms of auto insurance. If you want to save a buck and buy liability only, you're really **** out of luck if you are involved in a hit and run or if the other party doesn't have insurance. Because your own insurance will not pay for anything if this happens.



Immediately Following an Accident:

I can't stress enough the importance to GET A WITNESS right after an accident has occurred. I've seen plenty of cases where our client was clearly not at fault but since the other party lied about the accident facts and since there was no witness, the other party's insurance adjuster refuses to pay for the damages. Which then means that we need to go through arbitration, and if that doesn't settle it, court. A credible, independent witness makes everything a lot easier. Keep in mind that for civil cases. i.e. traffic accident disputes, traffic cameras cannot be reviewed to determine who was at fault. Traffic cameras can only be requested for criminal cases. Which makes a witness that much more important.

It is also vital that you take pictures of the accident scene. Cell phone cameras are not recommended; go buy a disposable if you have to. I've seen insurance companies dispute damages due to bad resolution of a cell phone image. The reason for taking the photos is for evidence of damages. I've seen cases where the other party, who was at fault, repair their vehicles the next day out of pocket, and then claim the impact was so low there wasn't any damage to their own car. Just to protect yourself, take pictures of both your damage and their damage, as well as any skid marks or relevant images.

Never, under any circumstances, admit fault for the accident. Call the police, they will come and take statements of all parties involved and prepare a police report. Let the police and the insurance adjusters sort through the mess. Primarily, who is at fault (liable) for the accident. You may think you are at fault when you really are not and vice versa. Just tell the police the truth and let them sort through it.

The Claims Process

An insurance claim is typically divided into two portions. The property damage portion (PD) and the bodily injury portion (BI). The property damage portion of the claim covers any vehicle repairs, rental, towing, and car seats; basically any property damage that occurred as a result of the collision. While the BI portion involved any medical bills, ambulance, ER etc. This is where the lawyers make their money. Since the PD portion is really cut and dry. This is how much damage, insurance pays for it. BI claims involve general and special damages, i.e. decline in quality of life due to injuries, suffering, emotional and physical. This is where hiring a lawyer is a good idea since if you try to do this yourself, insurance companies will just lowball you and get the claim over with. The property damage portion is processed very fast. Basically, once liability has been determined, the responsible party?s insurance will inspect your car, give you an estimate, and you can choose to have the car repaired or take a cash out. They will also be responsible for putting you into a comparable rental to the car you were driving. Note: this is a very debatable term. For example: A Corolla is typically considered a comparable to a Prius and a Taurus is full sized sedan. The BI portion takes a lot longer because you must complete treatment with your doctor. You doctor will send you or your lawyer a medical report and then your lawyer will compile a demand package that justifies why you deserve X amount of money for your suffering. On average, I?d say the PD portion is completed within two to three weeks and the BI portion can take anywhere from 4 to 24 months, depending on the severity of your injuries.

If you file a BI claim against the other party's insurance, they will almost always request a statement from you. This is typically done over the phone or in person, depending on the severity of the case. They will ask you a series of questions regarding the accident and what happened.

The Dirty Word: Lawyers:

This is where the grey areas come in to play. It is immoral, wrong and irresponsible to make a BI claim where you weren't really injured. It is borderline fraudulent. That being said, a lot of times, the shock from an accident actually numbs any pain from any injuries that you may have sustained from the accident. If there are any obvious and severe injuries go to the ER and get treatment. If not, go home and let your body settle down. Get a good night's sleep and then see how you feel in the morning.

It is also highly immoral, wrong and irresponsible to alter the facts of the accident to try and avoid responsibility for an accident. JUST TELL THE TRUTH. It is the right thing to do. A lot of times, the parties involved don't get any witnesses and they both have different versions of what happened. Then the insurance carriers just deny liability for their customers and the victim of the accident is left in the dust.

Regarding lawyers, I may be a bit biased but if you are involved in an accident where you have really sustained injuries, hire one. Injuries don't necessarily have to be a broken leg or shoulder. It can be sprains, bruises etc. You don't have to worry about the costs because injury lawyers typically work on a contingency fee basis, which means they take a percentage of any settlement money. The industry standard is that the client gets 33%. However, this is negotiable. You can compare different firms and haggle with them as far as how much you get. We've had clients who have gotten 60% or the winnings. The average is anything from 40-50%. You don't have to worry about them not working on your case if you ask for too much money, because they don't get paid if you don't. They know the ropes as far as dealing with insurance companies and they will take care of your whole claim. When they've reached a settlement for your BI claim, you have to sign a release, which releases the other party for any responsibility for any future claims. Basically, you can't sue the other party anymore after you sign the release for X amount of $$. You take your share of the settlement and case closed.

Obviously the whole process is a lot more complicated than this. There are a lot of details that I have not mentioned here. The purpose of this post is simply to educate. This isn't an attempt to turn you all into insurance scammers and frauds. It is to teach you how to protect yourself if you are involved in an accident. Like I said, TELL THE TRUTH and things will take care of themselves. Hope this helps, if there any questions, I will do my best to help. Cheers! Stay Safe!

Sounds right.

Edit: I'm no lawyer. I'm just a scrub whose mom has been invovled in a car accident before.

 

[RKS]

I just ran a quick check of settlements in NY involving soft tissue injuries and auto accidents. You could be entitled to much more than $1K. It is true a PI attorney will take about 30-40% but they will do all of the work for you such as comparing similar cases and settlements and you will probably still get more than if you fought the insurance company yourself.

Document everything and as mentioned some injuries take a while to surface. My F-I-L was hit by a drunk driver and the sudden tightening of the seatbelt bruised his waist and he had to have an emergency appendectomy a couple weeks after the wreck.

This post is for informational purposes only and should not be considered legal advice.

 

[Hacp]

Originally posted by: RKS
I just ran a quick check of settlements in NY involving soft tissue injuries and auto accidents. You could be entitled to much more than $1K. It is true a PI attorney will take about 30-40% but they will do all of the work for you such as comparing similar cases and settlements and you will probably still get more than if you fought the insurance company yourself.

Document everything and as mentioned some injuries take a while to surface. My F-I-L was hit by a drunk driver and the sudden tightening of the seatbelt bruised his waist and he had to have an emergency appendectomy a couple weeks after the wreck.

This post is for informational purposes only and should not be considered legal advice.

lol

 

[xrax]

Originally posted by: Hacp

Originally posted by: JC86
<lots of words by JC86>

Sounds right.

http://forums.anandtech.com/me...067550&highlight_key=y

hey JC86 can you give me some insight/advice on how my scenerio will play out?

 

[everman]

Originally posted by: alkohoLiK

Originally posted by: everman
Get a good lawyer.

I read that was the worst thing to do in this type of situation. Because its not a major injury hiring a lawyer doesnt automatically increase the payout. Infact after the lawyer fee's etc you wind up with less if you negoiated it yourself....but thats from what I read.

Odds are you'll come out ahead. The lawyer with handle most of the paperwork and negotiations with the insurance company, then they'll be entitled to a percentage of the settlement amount for their compensation. You don't really want to deal with haggling with the insurance company imo.

 

[kranky]

My wife got hit from behind and needed chiropractic treatments. We asked for enough to cover her chiro bills for a year - that's all - and the insurance company wouldn't pay it. I tried for two or three months to negotiate with the insurance guy and got nowhere. Out of frustration we got a lawyer. In a couple of weeks, we got a check for three times what I had asked for - AFTER the lawyer took his cut.

It became clear to me that the longer I tried to work it out with the insurance company myself, the more they figured they could stonewall me, and that I would get tired of the aggravation and just take what they offered.

I hope never to go through that again, but if I do I'm just getting a lawyer right from the start.

 

[jupiter57]

Originally posted by: alkohoLiK

Originally posted by: everman
Get a good lawyer.

I read that was the worst thing to do in this type of situation. Because its not a major injury hiring a lawyer doesnt automatically increase the payout. Infact after the lawyer fee's etc you wind up with less if you negoiated it yourself....but thats from what I read.

But, the lawyers fee should be based on the settlement amount.
He has an incentive to get all he can.
Plus, with the added benefit of experience in these matters, he should know how much he is likely to get for you, as well as what "buttons to push" with the insurance rep.
Likely start out with an outrageous figure, then negotiate from there.

Edit: Posted this before seeing that JC86 had already covered it.
And yes, the Insurance Co. will try to wear you down so that you will accept less.
Remember, if the fault were reversed, you can be certain the other party will "shoot the moon" on a settlement.

 

[jimmyjam]

DO NOT get a lawyer for such a minor claim. Lawyers get 40% of your settlement. They will not be able to squeeze enough out of the other party to make it worth their fee. You are not being greedy and you are trying to get a fair amount which the other party will agree to without a lawyer intervening. I worked in a claims office for two years and now work in an agent's office so I've seen plenty of claims. Unless you have a major injury involving years of rehab or dismemberment or death you will come out behind by hiring a lawyer.

Assess your own situation and determine an amount that seems fair and reasonable to you. See if their offer is at or above that amount. If not, make them an offer higher than want you want so you have some neotiation room. Chances are you will get what you ask for if you aren't being greedy though. Insurance companies aren't out to screw people with legitimate claims.

 

[TangoJuliet]

updated thread

 

[Hacp]

Get a lawyer. I'm surprised you didn't.

 

[zoiks]

I gotta ask this. Since you're an alkoholik, were you drinking by any chance when the accident happened ;