Bodily Injury claims

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PostPosted: Sun Nov 09, 2008 12:58 am   Post subject: Bodily Injury claims  

Hi everyone...I'm a little confused about a bodily injury claim settlement

and its consequences.  I was in a car accident last year and my car was considered totaled.  At that time it did not appear the other driver had insurance.  She got ticketed for running a stop sign and no insurance.  My insurance company picked up the cost of the totaled car and all my medical bills.  PIP and med pay.  About 2 months ago my insurance company states they found insurance from the other driver and I was sent a check for $500 for my collision ded.  Now the other driver's insurance company wants to settle for Bodily Injury.I never got an attorney and this was my first accident.  I still have some pain in the neck and let the other adj know that I did not want to settle yet because I was still considering going back to get add'l treatment.  My PIP adjuster knew this.  But the adjuster still wants to settle. If I settle does the settlement include my medical bill or did the other company already pay my insurance company directly? Please help. Confused


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PostPosted: Sun Nov 09, 2008 4:15 am   Post subject:   

Put in a claim for all past and future medical bills and pain an suffering. They will tell you what they have already paid.

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PostPosted: Sun Nov 09, 2008 11:34 am   Post subject:   

It depends if PIP is subrogatible in your state or not...if so then you can bet your carrier has already been paid back.



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PostPosted: Sun Nov 09, 2008 12:00 pm   Post subject:   

Lori, how do they go about figuring for future pain and suffering plus future medical treatment if the injury is a lifetime. I seen this post and got to wondering.

Confused, you may be better off with out the atty. Believe me.

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PostPosted: Fri Nov 14, 2008 1:17 am   Post subject:   

Thank you for your responses. If the adjuster wants to settle the claim and they've already paid the medical what do you feel would be a good bodily injury settlement amount. Is there a way to calculate a fair settlement?


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PostPosted: Fri Nov 14, 2008 2:13 am   Post subject:   

Quote:
If the adjuster wants to settle the claim and they've already paid the medical what do you feel would be a good settlement amount. Is there a way to calculate a fair settlement?
You don't have to settle just because the adjuster wants to settle...see to adjusters, the only good claim is a closed claim, so they want it closed and done...but tough noogies...you settle when you're ready to settle and not a second before (well before the statute of limitations runs of course Wink ) There is no magic calculation and no one can tell you but you what seems a fair settlement..figure out how long your hurt, couldn't live your life normally, any loss of wage, gas back and forth to the doc...etc...then put a dollar figure on it...what is your injury? what is your diagnosis and prognosis? If you make the first demand, (and the adjuster will attempt to get you to), be sure you ask for more than you are willing to settle for...the opposite is also true the adjuster will offer you less than they 'can' pay, they will have figured out a 'range' and will of course start at the bottom of that 'range'


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PostPosted: Fri Nov 14, 2008 7:19 am   Post subject:   

Since medpay is subrogable in the state of Florida the insurance company will get back whatever they have paid towards your medical expenses from the medpay section. However, PIP isn't subrogable in your state.



Anyway, as lori has stated, you are not required to settle for the claim until you are ready to do that. And can settle comfortably before the statute of limitation expires, which is 4 years in Florida.

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PostPosted: Sat Nov 15, 2008 1:00 am   Post subject:   

Thanks for the additional information. It's been over a year since the accident. I still have the aches and neck stiffness that I never had prior to the accident. I still do some of the exercises from my PT. My problem is that I don't don't when is a good time to settle. I don't think the aches and neck stiffness will ever truly go away. My problem is if I settle how do I know how to come up with a fair amount since I don't have an atty -I wouldn't what figure to start with?


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PostPosted: Sat Nov 15, 2008 1:02 pm   Post subject:   

You are the only one that really knows that answer, and IMO giving someone else a third of YOUR money to tell you (on a small soft tissue injury especially) isn't a decision I would recommend..



Think about how long you were in acute pain, any loss of wage, loss of 'joy of life' etc...then try and put a dollar figure to that...for me personally I'd figure if I had to spend a day in bed that ought to be worth the money I missed at work or use of sick/vacation time, (which is a gimme)...then depending on the pain, (for me now) I think 100 bucks a day would be ok with me...then if I couldn't pick up or play with my grandbabies, cook, clean house etc, that would also be taken into account...you could also insist the adjuster make the first offer (that's what I'd do as well) understanding of course they will offer up the lower end of their 'range' first.



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PostPosted: Sun Nov 16, 2008 8:17 pm   Post subject:   

I understand how the adjuster will offer up the lowest amount first but how long can soemthing like this go on? If the only good claim is a closed claim how come they take so long to make a first offer? After that I hear it can go back and forth for quite a while. You would think the ,matter would be settled alot quicker if they wanted to close a claim.

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PostPosted: Sun Nov 16, 2008 10:07 pm   Post subject:   

you're right about good claim=closed claim, but after it's been open for so long this doesn't matter as much, as getting it closed in say the first thirty days or so.



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PostPosted: Sun Nov 16, 2008 11:06 pm   Post subject:   

Seeing this first hand.



Confused, If you are still experiencing pain from the accident maybe you should follow up wiht your personal care doctor and ask what their opinion is and whether they think this is a lasting injury. Sometimes there is nothing like good old time to heal. I had severe whiplash and even after a year and a half I still get the tightness in the neck and so on. It may just be something you will have to deal wiht from time to time.

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PostPosted: Sun Nov 16, 2008 11:17 pm   Post subject:   

Thanks for all the great input. I believe I will f/u with my doctor. The adjuster has not yet made an offer but I'm not hopeful that he will make it anything worth holding my breath for. Either way I've gone this long without the $$$ and so whatever the offer is I guess it would be ok. Confused


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PostPosted: Sun Nov 16, 2008 11:31 pm   Post subject:   

I would make sure you did a follow up first before excepting an offer. Remember an offer is usually negotiable. Believe me I know all about waiting...sometimes when things are piling up it seems like forever.

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PostPosted: Sat Feb 21, 2009 10:57 am   Post subject: bodily injury  

I was a passenger in someone elses car and was injured in a one car accident. I have just had surgery on my neck (disc removed and fused) and have a torn rotaor cuff as well as unspecified back injuries. I have been off work now for two months and looks like I will be off for at least two more. In december of 08 the claims adjuster offered me $1,000.00 to settle this claim. I refused of course! I am really reluctant to get an attorney as they ususally take about a third of your settlement, and that money is needed for paying things like my house payment that I will be behind on ( I have used most of my savings and disability insurance does not kick in for another 3 months). I was wondering how much in rough figures I should be asking for


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