Posted: Mon Jul 21, 2008 5:35 pm Post subject: Auto Claim Settlement
I just wanted to know if the offer I have recieved was a decent one.
I was in an accident back on may 2. A 95 year old woman bassically ran a stop sign an plowed into the intersection / Train crossing where I just happened to be sitting. I was waiting for a freight train to pass in park with the engine shut off. She hit me in a Ford Taurus pushing my Durango about 6 - 8 feet into the oncoming traffic lanes.
I was delivering for a pizza company at the time of the accident, so my insurance company (State farm) told me they could not help me. I had words with the pizza companies insurance company, but no help. Which I later had to quite the job due to the fact that now they want us to have the proper insurance, they came out with some document to sign that would make us completely liable if this situation was to ever happen again since none of their employees ever had an accident in there own vehical.
I also have been dealing with her insurance company (Vigilant/Chubb)back and forth for the past 3 months. I have to initiate every call almost or nothing gets done. I just finished totalling out the vehical 2 weeks ago with them. And after all these problems and inconvienence I was offered $1200 by the adjuster. I told him I was insulted and he went to $1500.
For the amount of stupidity I had to go through with this claim, and the nature of the accident. I feel $1500 is too low. Am I right in thinking this or am I just being greedy? I was thinking $3000 - $5000.
If anyone can help me, I just want to know if I should pursue this or just give in and take the $1500. I've been told in Illinois that this settlement should be more. _________________ Register Now to have your Insurance queries solved.
I was offered $1200 by the adjuster. I told him I was insulted and he went to $1500.
You were "thinking" $3000? Is your vehicle worth that amount? Have you given the adjuster documentation to show that it's worth that amount? You are not compensated for the "stupidity' of the claim or the time you have spent. Bottom line, the law requires you to prove your loss. You are not paid for this.
Have the also offered you loss of use? You can ask the carrier to pay you for the time that you could not use your vehicle. A good starting point is to ask for $20/day. This is fair (if they are not paying for a rental car already).
The state you are in has nothing to do with the amount you are paid on a car. What _does_ matter is the value of the vehicle.
???
The vaule of my vehical matters for the pain and suffering settlement?
I am just really confused. They already paid the vehical and my gap is paying off the difference. I'm dealing with the pain and suffering claim.
They are paying the medical bills, which were about $6000.
I was just wondering what is a fair settlement for this case. I just felt $1500 was to low.
With all I had to go through since this happened I am very frustrated. I had only had the vehical barely 2 month before the accident and went through 3 months of getting the right deal to aquire the vehical. Now I have to start all over again. The $1500 barley even covers my original down payment on the vehical. I traded in my old car plus $1000 which totalled about $2600. Plus I missed out on a few gigging jobs since my vehical was not highway worthy.
Their client was 100% in the wrong.
I really just want to know am I being taken or is it a fair settlement. _________________ Register Now to have your Insurance queries solved.
These things while frustrating have ZERO to do with the amount of your pain and suffering settlement...
Quote:
With all I had to go through since this happened I am very frustrated. I had only had the vehical barely 2 month before the accident and went through 3 months of getting the right deal to aquire the vehical. Now I have to start all over again. The $1500 barley even covers my original down payment on the vehical. I traded in my old car plus $1000 which totalled about $2600. Plus I missed out on a few gigging jobs since my vehical was not highway worthy.
Their client was 100% in the wrong.
What was your diagnosis, and prognosis, how much (documented by a physican) work did you miss? What does this 6k in medical bills include? Are they a lot of diagnositics? Or did you have treatment if so what and how long?
Quote:
I really just want to know am I being taken or is it a fair settlement
Only you can answer this you know how long you were in pain..and to what extent, just remember this other stuff does not enter into this settlement... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I was diagnosed with a minor concussion and soft tissue brusing. It was mainly diagnostic. (CT, X-Rays). I didn't miss much work due to injury, more that I missed work since I didn't have a vehical to deliever.
So all in all, the pain only lasted the day of the accident. (Blurred vison, hazyness). The next week and on was just discomfort and stress due to the situation.
The only reason why I mentioned the state I'm in, The adjuster made mention of it.
He said due to the nature of this accident, and my state of residence that $1500 was the absolute highest he could go.
I'm really wishing I would of just got a lawyer and put on a big show now. It seems like the only way you make any money from a situation like this. If your honest you get squat, if your willing to work the system over you get a payout. _________________ Register Now to have your Insurance queries solved.
I'm really wishing I would of just got a lawyer and put on a big show now. It seems like the only way you make any money from a situation like this.
See there in lines the whole problem...pain and suffering or an accident is not hitting the lottery...which is what you and so many people think...what are you entitled to? You are entitled to what you actual loss was...you yourself say you were only hurting about a day, 1500 bucks sounds like pretty good pay to me for a days pain or discomfort! I'm sure you can get another job delivering pizza, they always have ads for pizza delivery drivers...and if you ''put on a show'' how you gonna feel looking that guy in the eye every morning while you're shaving?
Quote:
If your honest you get squat, if your willing to work the system over you get a payout.
This actually isn't true more and more carriers are taking hard lines and an injury must be proven...on a soft tissue injury like this one your lucky they are paying all the med bills as well! some carriers are drawing the line in the sand, (and it's holding up in court) that excessive diagnostics in order to drive up medical charges are being denied.... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
OP, you made no mention of an injury in your initial post and went from damage to your vehicle right into asking about pain and suffering compensation. I thought you were referring to the pain in dealing with the damage to your car. That is:
Quote:
I just finished totalling out the vehicle 2 weeks ago with them. And after all these problems and inconvenience I was offered $1200 by the adjuster. I told him I was insulted and he went to $1500. The $1500 barley even covers my original down payment on the vehical.
I won't attempt to tell you what is a fair settlement as that is really beyond the scope of this forum. There are _way_ to many factors involved. You mention the only way you can make money off an injury claim is to hire an attorney. But it appears that your medical bills are being paid _and_ your being offered $1500. So you _are_ "making money" on the claim. You just feel it should be more.
I think part of the problem is that you keep thinking about what you have invested the vehicle and your looking for the adjuster to make that up in the injury portion of the claim. They are two different matters.
Let me show you how the adjuster is probably looking at the claim... you had $6000 of the best diagnostic testing done and all the reports showed that you had some simple strains. You healed 100% the following couple of days after the accident with no lasting affects. For this one or two days of pain you are personally being paid $1500! You mentioned that you were in pain for 1 day. $1500 for this. Like I said, I don't know all the details but this seems like it's at least good money. Again, I think part of the problem is that you applying this injury compensation to being upside down on your vehicle. This is not the other person's fault (but I understand your frustration).
Let's look at this from the attorney angle. You pay an attorney 33% of what your collect on your injury claim. If the adjuster some how went from $7500 up to $10,000 (where you think he should be), your attorney is going to take $3,300 of that $10,000, leaving you with $6,700. You then pay your medical bills and what are you left with? So the attorney would need to get an extra $8000 or so just for you to break even. Do I think the attorney could get more then the $7500 offer? Probably. Do I think he could get enough to offset his bill? I think it's a crap shoot but it's certainly possible (I'd guess that it's not probable since you had limited medical treatment and loss wages).
Here is the big part of it though... you attorney would also negotiate your medical bills down to a lower amount. You can do this as well! If the bills are unpaid, call the medical providers and let them know you can pay them a reduced amount. As to pay 50% as a starting point and see where you end up. Now your medical bills might only be $4000 instead of $6000... putting an extra $2000 in your pocket. Keep in mind that this only works if they have not filed a lien with the adjuster (i.e. as long as the adjuster is willing to pay _you_ the $6000 plus the additional amount. as you would then pay the medical providers). It's done all the time and medical providers know the routine. It's why they charge $10 for an aspirin. You don't see that in the attorney's commercials... they wouldn't want people settling their own claims, would they.
You can then wait awhile and go back to the adjuster and ask for $2500 to settle. He might tell you $1500 is the most he will pay. Wait awhile and go back with some more information as to why you should be paid more and tell him your final demand is $2000, after that you will need to hire an attorney. You might even let him know that you understand his position and you think he's been very cooperative in the matter. You don't have to mean it... your just buttering him up. Attorneys do this all the time! It's _human nature_... people are more cooperative when people are nice to them. Piss me off and why should I give you one dime more?
Note: the $20/day was for the time that you could not drive your vehicle. It starts from the date of the accident and ends when the insurance company makes an offer. If they paid for a rental during that time, then they have already paid this portion of your loss.
Thank you all for your help.
I have just been very lost in this whole situation and no one offered any help.
Not my insurance company (That basically told me I was out of luck since I was driving for work, which I thought I was covered. Thank god the accident wasn't my fault.)
Not my employers auto or buisness insurance company
and not the ladys insurance company.
I was left to twist in the breeze.
I didn't see it as winning the lotto, I just figured I was due some compensation for my time, my trouble and my pain and suffering. I just see it as if the tables were turned, I'm sure that 95 year old woman's family would have me bent over a barrel and taking it. But thats a different situation.
As for my medical bills, I was told by my employer to go the the hospital. I felt dizzy and hazy and a little sore, but nothing life threatening. So her insurance company had better pay the bill. They can duke that out with my now former employer over their workmans comp claim.
I guess I failed to also mention that this pizza company usually has vehicals for us to deliver in. It just so happens that the morning of the accident they were short a vehical due to maintanence. So they asked me to drive my vehical. I had to make money....I thought I was covered by my insurance and my company since I had never been told any different from them.
If it hadn't been for those chain of events none of this would of happened to me.
But theres nothing I can do to her, her insurance company nor my former employer. Thats why I have been so upset.
Again THANK YOU for all your help!!!
I can see things in a different light now. _________________ Register Now to have your Insurance queries solved.
if the tables were turned, I'm sure that 95 year old woman's family would have me bent over a barrel and taking it.
Maybe not, maybe they would be exactly like you...remember..."do unto others"
Quote:
I guess I failed to also mention that this pizza company usually has vehicals for us to deliver in. It just so happens that the morning of the accident they were short a vehical due to maintanence. So they asked me to drive my vehical
That's a pretty big thing to forget! Can you prove that?
Quote:
I thought I was covered by my insurance and my company since I had never been told any different from them.
I'll tell you (and anyone else reading) business use is not covered unless you are properly rated for the same...PERIOD...we used to call it (honestly) ''the pizza delivery exclusion"...
Quote:
Thats why I have been so upset
We totally understand your frustration, truly....and I'm sorry for all your stress dealing with this...count your lucky stars that you didn't cause an accident, because you think you had headaches with this claim! You could've been ruined financially for the rest of your life...I
Quote:
can see things in a different light now.
I'm glad and sure everyone else is as well...I wish you all the best...don't hesitate to ask any questions that pop up... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I'll tell you (and anyone else reading) business use is not covered unless you are properly rated for the same...PERIOD...we used to call it (honestly) ''the pizza delivery exclusion"...
_Many_ policies have this exclusion but it's important to note that the ISO forum does not contain this exclusion, it's added in by many carriers. The ISO forum excludes coverage for "livery"... not delivering things as a business. But yes, most pizza delivery people have no idea that they are not covered under their own policy.
Posted: Wed Jul 23, 2008 9:52 am Post subject: To Lori!!!
Damn you are hard on people. Have you been in an accident yourself. If so...your opinion might be a little different. Remember not all soft tissue claims are the same. There is pain and suffering in some circumstances...you obviously work for an insurance company and how can you look at yourself in the mirror every morning when you are putting on your make-up _________________ Register Now to have your Insurance queries solved.
How am I hard on people? Read it again JR, I said if you put the screws to someone, or put on a show and inflated a claim then you would have trouble looking at the man in the mirror...are you telling me that wouldn't bother you? If so...well what can I say?
Quote:
Have you been in an accident yourself. If so...your opinion might be a little different
Not that it's your business JR but yes, I've been in about ten...one my fault...and want to talk about a nightmare, I actually (in my work vehicle) rolled into the rear end (at a stop light moving all of 2 mph) of not one but two attorneys...beat that for a nightmare of a claim...
Quote:
Remember not all soft tissue claims are the same. There is pain and suffering in some circumstances
Where did I say that wasn't true? The OP said he was in some pain for ONE DAY...I didn't say that he did! You really need to read this entire thread before you make such harsh judgements...
Quote:
you obviously work for an insurance company
Great work Sherlock... (sorry that was sarcastic, but I don't take this type of thing lightly...
Quote:
and how can you look at yourself in the mirror every morning when you are putting on your make-up
Because why? I'm an adjuster (and a damn good one I might add, and VERY some my say too empathical), therefore should hang my head in shame? Are you kidding me? Educate yourself, atleast about the full content of this tread, then see if your high opinion of me still stands...and if so...I'd like for you to explain how you came up with it.... Specifically... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I guess I failed to also mention that this pizza company usually has vehicals for us to deliver in. It just so happens that the morning of the accident they were short a vehical due to maintanence. So they asked me to drive my vehical
That's a pretty big thing to forget! Can you prove that?
Yes I can prove this, is this something I should look into?
I found it very interesting since I worked for this company for 7 years and in that time period I never heard of ANYONE having a accident in their own vehical for this company. I heard of people getting into accidents in the company trucks (Which are covered) but never their own personal vehicals. And....about 2 - 3 weeks after my accident, we suddenly had to sign "Car driver" agreements which basically stated that we were liable for an accident in our own vehical and they are not responsible.
Also in this agreement it stated that our vehical had to be safe and operational. Which is funny because after my accident I was asked to drive my vehical a few more times which I declined and ended up missing shifts and $$$$.
Is this something that I would be able to purse or just a technocality?? _________________ Register Now to have your Insurance queries solved.
Yes I can prove this, is this something I should look into?
ABSOLUTELY! Frankly I think you need to talk with an attorney, if they ask or required you to drive your own vehicle when that wasn't the 'norm' I would think there is definately assumption of liablity on their part... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
You could've been ruined financially for the rest of your life...I
Specifically...
