So, I just got a settlement offer from a car accident I was in....

[codeyf]

Details on the accident:

I was stopped, driver rear ended me. 3 cars totaled, mine, the car that hit me, and the car in front of me. I was in the vehicle with my 2yr old and my 5yr old children. There was a 4th vehicle involved (2 cars in front of me) that had little/no damage and drove away ok. Driver that impacted me was cited for following too closely.

So, it was a total loss and all that, dealt with getting a rental, getting a new car etc etc etc. Despite the severe impact of it all, we all walked away with little/minor injuries. I had some minor back/neck pain for a week or so. My Dr gave me a clean bill of health and just advised me to keep an eye on things and if pain persisted to contact him again for further treatment (which wasn't necessary).

Keeping in mind, I was in no way expecting any sort of windfall/save me from all my debts/buy me a new house kind of settlement. Having worked in the auto insurance industry, as well as a good friend of ours was a claims adjuster for a long time, we had expected something in the $1500 range give or take.

Well, the adjuster emailed me back today with the following:

Okay.
I can repay the $172 medical bills to PEMCO, and I can offer you $200 extra for you.

Let me know...
(name deleted)

Needless to say, I'm quite surprised by this. Here is my initial drafted (not yet sent) response:

(Name Deleted),

Lets take a look at a couple things. There was 4 cars involved, 3 of which were a total loss. My 2 children in the vehicle at the time. The time and effort spent giving statements, picking up/ dropping off rental vehicles, filling out claim paper work etc. If you had gone through taking care of everything involved in this sort of situation, how would you react to being offered $200?

I'm not looking for a windfall here, but having worked in auto insurance, I know what a fair settlement amount is. $200 is not it, especially when you consider the amount if impact sustained by the 3 totaled vehicles and each respective passenger.

Also, I have included a link to one of many articles, as well as some excerpts from publications that address the issue of replacing a child/infant seat after being involved in an accident. I can tell you right now, $200 would barely cover the cost of replacing the infant seat and child booster that were involved in the accident.

http://pediatrics.about.com/cs/weeklyquestion/a/carseats_ask.htm

Excerpt from Car Safety Seats, A Guide for Families, published by the American Academy of Pediatrics says "Do not use a seat that was in a crash. It may have been weakened and should not be used, even if it looks fine. Do not use a car safety seat if you do not know its full history."

The Juvenile Product Manufacturer's Association website offers a brochure a about keeping baby safe and comfortable. Titled, Safe and Sound, it is a guide to baby product safety, use and selection. Page seven, "Car Seats and Booster Seats", says "Do not use a car seat or booster that has ever been involved in a crash."

Evenflo 2003: What do I do if my car seat is in an accident?
Please discontinue use immediately and contact the Evenflo Parent Link Consumer Resource Center at (800) 233-5921. There may be, in some cases, internal stresses that cannot be seen.

GRACO 2003: I was recently in an accident. Do I have to replace my child's car seat? There doesn't appear to be any damage.
Yes. You must replace your child's car seat if it was involved in an accident, no matter what. Even if there appears to be no damage to the car seat on the surface, the impact and force of a collision can cause unseen structural damage to the interior of your car seat. Any such damage may prohibit your car seat from properly protecting your child in the event of a sudden stop or crash. Some insurance carriers will reimburse you for the replacement of a new car seat if it was in a crash. Check with your insurance carrier for more details.

Britax 2003: Britax strongly advises against buying or using a second hand child restraint. You can never be certain how it has been used or abused, if all the necessary labels, instructions or parts are still there and parts correctly assembled, whether it has ever been involved in a crash, and the restraint may be technically out of date with the latest in features.

While we were all lucky to walk away without severe injury, there is no question as to the severity of the accident. And as such, I strongly feel you need to reconsider your offer.

I look forward to hearing from you.

Sincerely,
Codey Fujita

Thoughts? Comments?

 

[isekii]

RIP HIM A NEW ONE.

Why don't you have a Lawyer handle all this ?
Plus the after effects of the accident on you and your children may show up later.

Making a rediculous settlement offer such as that would make me want to rip him many new ones.

 

[Yossarian]

well if you don't like his offer why don't you tell him what you want? including 5 excerpts about having to replace a car seat seems trivial. actually you should consult an attorney before you send anything.

btw don't expect to be recompensed for time spent doing paperwork.

 

[Sluggo]

I would say:

While I give your offer all the consideration that it is due, I believe we should cease communications until I have a chance to consult with Mr. Late Night TV personal injury attorney.

Love you,

Cody :lips:

 

[codeyf]

Originally posted by: Sluggo
I would say:

While I give your offer all the consideration that it is due, I believe we should cease communications until I have a chance to consult with Mr. Late Night TV personal injury attorney.

Love you,

Cody :lips:

:laugh:

 

[jerryjg]

GO like this; HA HA HA..PHEEEEWWW..HA HA!

 

[zoiks]

Isekii is right, you should hire a lawyer. After all this is what lawyers are always looking out for. I'm sure you won't have a problem getting one either.

 

[NorthRiver]

You don't need a lawyer for this. If your injuries are not serious, you'd just be throwing money away. That said, I would hose this guy and not let up until he is in your ballpark. Start talking lawyer and they will come around.

 

[codeyf]

Originally posted by: Yossarian
well if you don't like his offer why don't you tell him what you want?

Well, that's like telling the car salesman you'll gladly pay $25k for the car when he might have been ready to sell for $22k.

If she started with something remotely close to what I expected, my response would've been much more negotiation as opposed to "try again".

 

[amdskip]

Aren't you allowed to go after 4x your actual medical plus other damages? I would think $1k-2k would be very reasonable for them.

 

[codeyf]

Originally posted by: NorthRiver
You don't need a lawyer for this. If your injuries are not serious, you'd just be throwing money away. That said, I would hose this guy and not let up until he is in your ballpark. Start talking lawyer and they will come around.

Bingo!

 

[Evadman]

Lawyer. Thread over.

 

[codeyf]

I have received other compenstation from them, however NONE of it should even be considered in the final "pain and suffering" settlement as people like to call it.

Car - $5300
Rental - $20/day x 4 or 5 days (not even the $200 max)
Medical - $172 for me, $261 for the kids check-ups

Also, I didn't make them do the legwork on the total of my vehicle. I went through my own insurance for it, and got my check less my deductible directly from my carrier.

And it should be reiterrated that this is a pretty small claim as far as $$ is concerned, and any good adjuster should be able to settle this without lawyers getting involved.

That being said, if I did get a lawyer, odds are I'd end up with $200 after fees!

 

[Evadman]

While I believe that he fvcktard that hit you should be responsible for every single last penny of anything that was damaged or any medical care that was given, I hate the term "pain and suffering", and don't think anyone should get any money for it whatsoever.

I have been in my fare share of accidents, all caused by people who didn't obey a law somewhere and ended up hitting me, or getting hit by me. Pretty much all of them caused me pain, not so much suffering though. In every case, I usually fixed my car myself, one time the insurance company did it because I ddn't have time to. In all cases, I didn't ask for "pain and suffering" money, and I didn't get any. Ya my neck hurt for 2 days after my first accident, when my S-10 was hit from behind and rolled down an embankment, but I got it checked out and all was well and good, and still was last time I had it checked.

Now I am not gonna say that you are a panzy or namby pamby or what-have you for trying to get money from them. It's you life, lead it how you will. I just disagree with the pratice as a whole. *shrug*

By the way, they need to cover the cost of new childseats. They are not designed to take more than 1 hit, most buckle as they absorb an impact. $400 is nothing compaired to the life of your child. If you don't have new ones yet, get them now. If you can not afford new ones now, let me know.

 

[brigden]

I completely agree with Evadman. You're entitled to be reimbursed for your financial loss, but being awarded money because you were unlucky enough to be in a car accident is a ridiculous concept.

 

[codeyf]

Originally posted by: brigden
I completely agree with Evadman. You're entitled to be reimbursed for your financial loss, but being awarded money because you were unlucky enough to be in a car accident is a ridiculous concept.

I do agree there is a lot of truth in what Evad had to say. However, this isn't about "pain & suffering". It's about the time and inconveinence in having to deal with all the crap involved when in such an accident.

I didn't ask to get hit, and like I said, I'm not looking to get rich. But think about the time spent in making sure everyone is ok, going through the processes with the insurance companies, finding a replacement car, etc. Then think about what your time is worth to you, and what you could/should have been doing instead of worrying about all that.

If you find any value in your time, and if you were put through the same thing, I doubt you would find it such a "ridiculous concept".

 

[Ns1]

that's crap

i got rear ended and got 1500 AFTER 49% lawyer fees

 

[Evadman]

Originally posted by: codeyf
I do agree with what Evad has to say. However, this isn't about "pain & suffering". It's about the time and inconveinence in having to deal with all the crap involved when in such an accident.

If you find any value in your time, and if put through the same thing, I doubt you would find it such a "rediculous concept".

I personally have been though it, and I do believe it to be a rediculois concept. Now, if you lost time at work, or lost your job or you lost money in some way like you had groceries tha spoiled in the car; then I believe they need to cover that. That includes taking a sick day, or half day to go home the day after to check on your kids, or a half day next month when I would get them checked out again. However, I don't believe they need to pay you for the time you spent on the phone calling the insurance company(s) or the time it took to gt a rental, or the fact that you ARE driving a rental and not your normal, likely better than a rental, car. (I hate rentals)

Again, just my point of view. Doen't really mean much to anyone except me. Like I said, it's your life, do whatever you feel like doing, and whatever your morals tell you to do. If you feel that you need to go after 'em for the time you spent on the phone or driving around, or whatever, go ahead. My personal morals find that repugnant, but I will also not force them on anyone else, or think less of anyone who disagrees with me. What happens int his instance will not rellay have an impact on me in any way. Worst case, the insurance company pays out, but hat's why we have insurance companies. In that case, my beef is with the fvcktards who stage accidents to collect insurance money. But that is a whole 'nother topic we don't need to go into. If I go any further I will have to boot myself to P&N, and that would be a disaster. Mostly for them.

 

[codeyf]

Originally posted by: Evadman

Originally posted by: codeyf
I do agree with what Evad has to say. However, this isn't about "pain & suffering". It's about the time and inconveinence in having to deal with all the crap involved when in such an accident.

If you find any value in your time, and if put through the same thing, I doubt you would find it such a "rediculous concept".

I personally have been though it, and I do believe it to be a rediculois concept. Now, if you lost time at work, or lost your job or you lost money in some way like you had groceries tha spoiled in the car; then I believe they need to cover that. That includes taking a sick day, or half day to go home the day after to check on your kids, or a half day next month when I would get them checked out again. However, I don't believe they need to pay you for the time you spent on the phone calling the insurance company(s) or the time it took to gt a rental, or the fact that you ARE driving a rental and not your normal, likely better than a rental, car. (I hate rentals)

Again, just my point of view. Doen't really mean much to anyone except me. Like I said, it's your life, do whatever you feel like doing, and whatever your morals tell you to do. If you feel that you need to go after 'em for the time you spent on the phone or driving around, or whatever, go ahead. My personal morals find that repugnant, but I will also not force them on anyone else, or think less of anyone who disagrees with me. What happens int his instance will not rellay have an impact on me in any way. Worst case, the insurance company pays out, but hat's why we have insurance companies. In that case, my beef is with the fvcktards who stage accidents to collect insurance money. But that is a whole 'nother topic we don't need to go into. If I go any further I will have to boot myself to P&N, and that would be a disaster. Mostly for them.

I appreciate your input, as well as your most gracious offer regarding the car seats.

 

[EvilYoda]

I agree that a lawyer should help you out with this...there was minimal physical harm done to me and 2 passengers 2 years ago when we were in a similar situation, but I was the car in front of the initial-impact-car. We were offered $1000 each from their insurance company w/o any question and this came maybe a week or 2 after the accident. My sis and I had some whiplash, since we happened to be unbuckled and switching spots at the time (stuck in traffic, had to get something).

Anyway, you should be able to do much better. easily.

 

[RU482]

my only advice is take out the personal stuff

example:

If you had gone through taking care of everything involved in this sort of situation, how would you react to being offered $200?

you are now in a business transaction. You are not asking your mom for more money, you are askin a major corporation. If you play the personal card, it just shows weakness.

my $0.02

 

[BoomerD]

My advice for you - first of all you just in need to call the lawyer (if you have no personal lawyer and didnt use it before - this one will be good link cause she helped me so much)

Closer to my situation 7 years ago:

September 28, 2009. I got broadsided right in my door by a red light runner. His light had been red for at least 20 seconds, so who knows WTF that guy was doing. I got knocked out, and when I came to, the guy was trying to back out so I could get out of my car. I don't remember much else other than calling 911 and being absurdly specific about the location, starting with the west coast, in the state of California, about 60 miles north of San Francisco in the county of Sonoma, just south of Santa Rosa on California 116 at the base of the 101 Southbound off ramp. I was literally that specific to the 911 operator. It ended up with a broken hand, wrist, and elbow, which are still weak and sore. I guess I was acting pretty goofy because CHP really wanted me transported to the hospital before I could exchange info with the other driver. I acted goofy in the ER, too, according to my medical records. Other than that, a concussion. Not much else I can remember.from that day.

My advice for you - first of all you just in need to call the lawyer (if you have no personal lawyer and didnt use it before - this one will be good

Is you fucking stupid? This thread was started more than 11 years ago. The time for calling a liar lawyer is long over...

 

[master_shake_]

i hope he has sorted it.

it's been 11 years ffs.

 

[esquared]

This thread is 11 years old. I am sure the OP's issue has been solved.

It's now locked.


esquared
Anandtech Forum Director