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 05:48 pm Post Subject:
TRUE...honestly I doubt that their policy would cover him either, however I'm not so sure a jury or judge wouldn't find them liable for the damage to his vehicle had the facts been different...would you agree to that?
Posted: Wed Jul 23, 2008 05:59 pm Post Subject:
Find the pizza company liable for the damage to the OP's car if the OP ran into a wall or hit someone? Nope.... not a chance. In that case the OP would be responsible (liable) for the damage to the car. Look at it this way... what did the employer do to cause the damage to the vehicle? They did not run it into a wall or another vehicle. I'm guessing your thinking because the asked the employee to use his/her own vehicle that this makes them responsible for what happens to the car. Nope. They can feel bad about asking the OP to use his/her own vehicle and that he/she damaged it but a bad feeling is about as far as that goes.
I worked as an independent adjuster for several years and had to drive my own vehicle. The company paid me $.48/mile. This was to compensate me for the use of my vehicle, wear/tear, gas and _insurance_. I'm hoping that the OP was compensated as well but if not, that is the deal that was made. Still no liability against the pizza place.
Posted: Wed Jul 23, 2008 06:27 pm Post Subject:
Find the pizza company liable for the damage to the OP's car if the OP ran into a wall or hit someone? Nope.... not a chance.
I respectfully disagree..the OP was not an independent contractor like you were...they ask him to use his vehicle in a 'pinch' it wasn't a regular thing....I think had the situation be reversed his carrier would have denied both his collision loss and the pd and any bi loss to the party he hit....I think (in this case) the pizza shoppe would have a hard time not providing him with protection (not the insurance company but the owners/corp whatever).....This is a unique situation and wasn't a condition of his employment....I too for a year had to drive my own vehicle and was paid 36 cents a mile...I did of course call my carrier and added the necessary endorcement to cover me for buisness use...but that wouldn't be the case here....He of course would be liable as well for the action of (let's say) rearending someone, but I still think that a judge or jury would firmly place that pizza shop on the hook as well. But hey I'm wrong about a million times a day....what did the employer do to cause the damage to the vehicle?
He put that vehicle on the road....What did our employers do wrong when we drive company cars everyday? Then all of a sudden, rearend two attorneys, (like I did :roll: ) They did nothing wrong other than putting me behind the wheel..which is exactly what his employer did....I don't know T, course this is a fun off shoot and not at all what happened in this OP, but as we adjusters tend to do the ''well, what if'' :wink: :lol:Posted: Wed Jul 23, 2008 06:45 pm Post Subject:
I was not an independent contractor, I was a salaried employee. But you'd not know it from my paychecks.
They asked the OP to use his vehicle and I think he should be paid for that use. They did not ask him to (in the hypothetical situation of him causing damage to his vehicle) to damage his own vehicle. If they asked him to use a vehicle they knew was faulty or ask him to drive in an area where they should have known his vehicle would become damaged, etc.. then, yes, they may be liable for the damage to his vehicle. But I think you can see the difference. If the _OP_ causes the damage, only he is liable for that damage.
but I still think that a judge or jury would firmly place that pizza shop on the hook as well.
Are you talking about liability? Because I think we were discussing damage to the OP's car. Liability is a different matter and falls under what I mentioned a few posts ago. I think you are talking about liability as you mentioned adding coverage under your policy to address your business use. You'd not need to change anything on your collision/comprehensive coverage as this would apply regardless (no?).He put that vehicle on the road....What did our employers do wrong when we drive company cars everyday?
The employer did not put the vehicle on the road but also, putting the vehicle in the road did not cause any damage! It was the driver's actions (hitting another vehicle or a wall) that caused the loss! I'm guessing they did not tell him to do that. Our employers for company cars did not do anything wrong... it's _their_ vehicle. They own it. So they are held liable. We, as employees, are considered an insured under their policy for liability coverage so we get primary liability coverage under their policy. If we cause damage to the company vehicle the companies policy could pay for the loss as the vehicle is listed under their policy with collision coverage. If the carrier pay, they cannot go against the driver for a liability claim as the same policy provides liability coverage to the driver (they'd be collecting from themselves).But in any case, the pizza place would not be _liable_ for the employees damaged vehicle is the employee caused that damage. Even if they asked him/her to use his/her own vehicle.
Posted: Wed Jul 23, 2008 07:01 pm Post Subject:
you see, its frustrating and confusing.
I was told by the companies insurance company that......insurance follows the driver. (Not the vehical.) So I would have been liable no matter what. Their insurance wouldn't cover me at all.
The Workmans comp company said, since I wasn't seriously injured that we were done talking. Then they sent a letter to the ladys insurance company saying they were 100% reponsible for the medical bills and wouldn't pay a cent. Basically along those lines.
I had also heard from a couple of the store managers. That the reason for the "car driver" agreement was because they were afraid I was going to sue. Now I'm not sure why this was because I wasn't even sure I could.
All in all I'm getting tired of the whole thing and about ready to just take the $1500 and run.
Posted: Wed Jul 23, 2008 07:06 pm Post Subject:
Also
"If they asked him to use a vehicle they knew was faulty"
They did....a week after the accident while I was at work the same situation happened. They asked if I could use my vehical to deliver.
THE DOORS WERE FUSED SHUT!!! on the passenger side, as well as I did not know the full extent of the mechanical damage to the vehical. I was only driving it the 1 mile to work so I could get to work.
Posted: Wed Jul 23, 2008 07:53 pm Post Subject:
I was told by the companies insurance company that......insurance follows the driver. (Not the vehical.) So I would have been liable no matter what. Their insurance wouldn't cover me at all.
Okay... but don't let this conversation mislead you... insurance on your end would only need to apply if you were responsible for the accident. Everyone agrees, you were not. So insurance on your end is a moot point (if your policy did not provide liability coverage, your employers policy would).The Workmans comp company said, since I wasn't seriously injured that we were done talking. Then they sent a letter to the ladys insurance company saying they were 100% reponsible for the medical bills and wouldn't pay a cent.
I know a little (no everything) about WC coverage and I _highly_ doubt that this is correct. First, them providing coverage for your medical bills would not have anything to do with the extent of your injury or treatment and two, if they did not pay anything out there is no reason for them to send a letter to the other carrier. WC would need to address your medical bills if you filed a claim. Have you spoken to the WC adjuster directly? Ask that adjuster _exactly_ why they are not going to pay anything. Let us know what they told you. I think there is some confusion here.I had also heard from a couple of the store managers. That the reason for the "car driver" agreement was because they were afraid I was going to sue. Now I'm not sure why this was because I wasn't even sure I could.
Your correct. "Store managers" probably don't know a lot about insurance and legal liability. That is why there are insurance agents :) .All in all I'm getting tired of the whole thing and about ready to just take the $1500 and run.
Understood... it's up to you. But do I think you could at least get another $200 for simply offering to sign a release/settle for the new amount? Yup. The $1500 might be a very fair offer, I can't say. I'm not saying that the adjuster will move off of the $1500 but would it hurt to say, "okay, I appreciate the offers and tell you what... I'd be willing to consider this matter settled if you would be willing to increase your offer another $200. If not, I'll really need to explore other options". See what he says and if you still want to accept the $1500, do so.Posted: Wed Jul 23, 2008 07:54 pm Post Subject:
Also
What I meant was if they asked you to use one of _their_ company vehicles and they knew the car was not safe. Then they would be liable."If they asked him to use a vehicle they knew was faulty"
They did....
Posted: Thu Dec 08, 2011 06:23 am Post Subject: next injury
i was hit from the rear while sitting at a stop-light. a cable van hit one car and they ended up hitting me. i had three months of physical ther., traction treatments and so on. not sure what to settle on for damages (only on the medical side, as my truck did well in the accident)
Posted: Fri Dec 09, 2011 11:00 pm Post Subject:
You are entitled to recover 100% of your direct expenses. Beyond that, what you want for "pain and suffering" is entirely subjective. No one can tell you what it's worth, and only you can decide if what is being offered is fair to you.
Pick out a number and see if the insurance company agrees.If they don't, then you have to negotiate. Attorneys charge a fee of 30% to 40% to be your negotiator. You have to decide if that's worth the risk of not even winning a settlement.
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