by Guest » Mon Jul 21, 2008 05:35 pm
I just wanted to know if the offer I have received was a decent one.
I was in an accident back on may 2. A 95 year old woman basically 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 Duran-go 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.
I was in an accident back on may 2. A 95 year old woman basically 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 Duran-go 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.
Posted: Wed Jul 23, 2008 09:52 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
Posted: Wed Jul 23, 2008 10:09 am Post Subject:
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?
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... :roll: :lol: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...you obviously work for an insurance company
Great work Sherlock... :roll: (sorry that was sarcastic, but I don't take this type of thing lightly...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...Posted: Wed Jul 23, 2008 12:23 pm Post Subject:
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??
Posted: Wed Jul 23, 2008 01:05 pm Post Subject:
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...Posted: Wed Jul 23, 2008 02:09 pm Post Subject:
I fail to see why being asked to drive your own vehicle would make any difference. Remember that the OP is not at fault anyway so why would the above matter.
Even if the OP was at fault it still would not change anything. Law states that the owner and/or driver are responsible and need to carry insurance. So the OP's policy be prime as the vehicle is listed on that policy. As the OP was working at the time, the pizza place's insurance would only be excess.
But again, the OP was not liable in the accident so the OP's insurance situation is not an issue.
Posted: Wed Jul 23, 2008 04:47 pm Post Subject:
Thank you thats what I thought.
Especially when they came out with the "Car Driver" agreement after this accident. I checked their employee handbook and it has no stipulations about what kind of coverage, let along what happens in the event of an accident. It just says you need a valid drivers license and valid insurance. Not what kind of insurance just valid insurance.
I will contact a lawyer and see if I can purse this now. Thanks.
Posted: Wed Jul 23, 2008 04:57 pm Post Subject:
I fail to see why being asked to drive your own vehicle would make any difference.
Well usually I don't drive my own vehical. I drive a company truck.
Their truck was out, so I was asked to drive my vehical.
If I didn't drive I wasn't going to make any money and I would of been out of a shift which I couldn't afford to do.
As far as the accident goes, that would be between me and the other party. But I always felt my company shared some of the blame of my misfourtunte since they put me in the position. They came out with documentation dealing with the situation 2-3 weeks after it covering themselves. Seemed kind of odd to me.
Posted: Wed Jul 23, 2008 05:33 pm Post Subject:
Law states that the owner and/or driver are responsible and need to carry insurance. So the OP's policy be prime as the vehicle is listed on that policy. As the OP was working at the time, the pizza place's insurance would only be excess.
right but the OP's carrier denied it...based (I assume) on business use...and I'm not so sure that as far as his injry is concerned that work copm wouldn't be primary....Iatlelast in my state that's what they told me when I was in a wreck in a company vehicle not my fault incidently :wink: ).....If he was not compensated either in mileage or some way he certainly has a claim with them for that...my thought was (course too late now) that he would've had another option to look for payment as far as his vehicle's total..Posted: Wed Jul 23, 2008 05:34 pm Post Subject:
There are several different issued and some confusion rolled into one...
OP, your company would not have any responsibility to you in this accident other then possibly providing workers compensation. If you file a claim under WC, your employer will most likely have immunity to any claim you might have against them (which would be no claim anyway... they did not cause your loss).
I understand that they asked you to drive your vehicle and that you usually use one of their vehicles. It would be nice if you both had an agreement that they would pay you for using your own vehicle and this really would make the whole situation fair. Again, it's not your employers fault that someone else damaged your vehicle. I'm betting there is no company on earth that would offer to address all of their employees loss in this type of situation (it's not appropriate as they don't owe it and the other party would address the loss).
Keep in mind that it does sound like your employer maintained workers compensation coverage and that this company is initially addressing your medical expenses. So your company _is_ doing something for you.
As far as your company requiring that you maintain insurance... this is complicated. First, if your driving a company vehicle (how many pizza places supply vehicles? That is a good deal), their insurance would be primary and you'd be an insured under their policy. If you also had insurance yourself, it would be above and beyond what the companies carrier would offer. Second, even if you showed your employer proof of insurance, it's not likely that your policy would offer coverage (as pointed out in this thread) as many policies contain an exclusion for using the vehicle to deliver items as a part of a business. Your employer would likely not know about this exclusion so they would _think_ that you have coverage. Lastly, if you drive your own vehicle while working, your policy is going to address any loss first. The policy for the company you work for is going to be above and beyond what your own policy would address. But in your situation your policy would not provide any coverage so the companies policy steps in on dollar one (they also can't collect money back from you as your insurance under their policy). But keep in mind that this is all liability coverage (when _you_ cause an accident) so it does not need to apply here.
See... told you it was confusing! And that is not even all of the story. :)
OP, if workers compensation is paying for your medical expenses then the other carrier will need to pay them directly. Workers Compensation carriers I think have something called a "super lien"... meaning, even if they don't tell the carrier paying the loss thaty they are owed money prior to that carrier settling the claim, the WC carrier can _always_ require that they be paid. So the at fault parties carrier would end up paying part of the claim twice. I'm _pretty_ sure a WC carrier can do this. This woudl mean that you would not have the opportunity to get the medical bills lowered. But keep in mind that a WC carrier usually pays a reduced bill... not the one the medical providers send to you. So your actual medical bills might be lower then $6000. But this also means time is on your side. You don't have to rush into a settlement in order to get your medical bills paid.
Posted: Wed Jul 23, 2008 05:39 pm Post Subject:
If he was not compensated either in mileage or some way he certainly has a claim with them for that...my thought was (course too late now) that he would've had another option to look for payment as far as his vehicle's total
I doubt the commercial policy is going to provide 1st party coverage to a vehicle the named insured does not own. Most commercial policies are going to have a 7 or 8 coverage symbol for collision coverage, which would not include vehicles they don't own. But now you're going to ask me if symbol 8 (Hire Auto Only) would include the OP's car if the company paid him mileage (which is why you raised that issue). Ummmm.... don't ask me that okay.... the other carrier is handling the OP's PD. :) :) :) (plus we don't know what symbols the pizza place has for collision coverage... they might not even have collision).Add your comment