My daughter and I were

by Rhonda Vanzandt » Wed Oct 01, 2008 04:19 pm

My daughter and I were hit buy a drunk driver . Vehicle was totaled. Injurys to 19 year old daught. : burn to dominant hand, entire length of left arm glass imbedded, multiple contusions. injurys to me: multiple fractured ribs, deep contusions over body.. off of work (preschool teacher) for at least 6 weeks.. This is my first experience with an insurance settlement (geico) .. what kind of a "ballpark" amount should I look for? I live in Oklahoma..

Total Comments: 10

Posted: Wed Oct 01, 2008 04:54 pm Post Subject:

You don't say how long ago this accident was...and we really can't give you a figure there are soooooooooo many things that go into this prior conditions, scaring etc...but I will tell you this please please don't even think about settling untill you have both returned to normal (or as normal as you can get)....too many time folks settle early and then experience additional problems...I'm assuming the adjuster knows the extent of your injuries? If not let them know and if they won't tell you their insured's BI policy limit, then ask if they see anyway there could a limits issue...They will of course owe the medical bills, any loss of wage (that doc took you off)...if you have to have help to complete your chores at home due to the limitations your injury has put you in they will owe this as well...then when all said and done, of course the injury settlements...Have you had any discussion at all with the adjuster? When do you and your daughter anticipate being ready to discuss a settlement with them?

Posted: Wed Oct 01, 2008 06:09 pm Post Subject:

Geico will want you to settle as soon as possible. DON'T DO IT! Like Lori said, you will be "recovering" for quite a while. Since the other driver was drunk, he will face legal issues which will also delay things.

You don't mention contacting an attorney. Attorneys can be very helpful in these situations but remember, they will probably want a third of whatever the total ends up being. Granted, the settlement amount will be increased to reflect this, but you need to be patient, calm, and take as much time as you feel you need to fully recover (and your daughter) before finalizing everything.

I assume this drunk driver's insurance company is taking care of your vehicle also?

Good luck to you. I'm glad nothing more happened.

Posted: Wed Oct 01, 2008 06:37 pm Post Subject:

the accident happened 9-7-08-Geico did take care of the vehicle: 09/24/08.. I was never offered a rental..I cannot drive as of yet, so I didn't really push that issue. I have been totally at the mercy of others for my home issues ..meal preparation, cleaning, etc.. My daughter still helps me with showering..I have informed my adjuster of my injurys. I have not contacted a lawyer. I am going to see how I am treated.. I know my daughter will have scarring..and after going on 4 weeks , I still have alot of pain.. I have only been out of the house for Dr.s appointments.. My Shi-Tzu even had to have his hair shaved because I can't groom him...

Posted: Wed Oct 01, 2008 06:44 pm Post Subject:

If things are to this extent...I'm thinking an attorney might be needed.

Posted: Wed Oct 01, 2008 10:01 pm Post Subject:

If things are to this extent...I'm thinking an attorney might be needed.

Yeah, I disagree with this advise...if it turns out that is necessary you'll know it but why give up a third of your money just in case...not a wise move IMO....make sure that you wait an appropriate amount of time, and are SURE you have healed all you can heal..be sure and let the adjuster know that you are having to PAY people to complete your normal tasks....there will be no payment until you settle the claim this is standard BI claims...let us know any questions along the line, we'll be glad to assist you anyway we can...hope you're feeling better soon.

Posted: Thu Oct 02, 2008 12:33 am Post Subject:

Great advise here. Over a year ago I was in an accident. Thought for sure good ole me would bounce right back. After months of PT my arm was worse instead of better and I started demanding docs to find out what the problem was cause I couldn't ahndle the pain of going to PT ...which was making it sooo much worse. Well a month later they tested and diagnosed I had RSD in my arm. It has been a long, stressful, and emtional battle. Please please just wait and let your self heal. Time can only tell waht lies ahead. I am sure glad I didn;t rush.

Posted: Thu Oct 02, 2008 12:43 am Post Subject:

I see your point Lori but...reading her last post, she needs help doing everything. There obviously isn't any home care - she can't cook or clean. Her daughter is helping her shower. Her daughter was injured too and needs time to heal.

I know giving up a third is stout, but keep in mind the attorneys often inflate the settlement to "help" with their fee.

Now, if talking to the adjuster will get you assistance at home, then hold off on the attorney.

You two have been through hell. You need to be taken care of - given plenty of time to heal.

It doesn't sound like there is time for anything.

(and let's not forget about the bald Shi-Tzu)

Posted: Thu Oct 02, 2008 05:49 am Post Subject:

The other driver's insurance will certainly try to settle the issue as soon as possible. Quite logically, because the more time the settlement takes more resources are getting engaged in persuading the case. But please don't settle the claim in haste. It seems that you are going to need medical assistance and treatment in the future as well and you still have enough time to settle for the injury. The statute of limit is not going to run out before two years in Oklahoma, though you are required to check it out for certainty. Hence, you can settle the anytime before the SOL expires. You may also seek for professional's guidance in this matter.

Keep us updated on the developments.

Posted: Thu Oct 02, 2008 10:21 am Post Subject:

Just an fyi, an attorney can't get the insurance company to pay anything at all out until the entire claim is paid and settled...ie, getting help for her at home...the adjuster will include this (with proof) in the actual bills...and all will be paid as a lump sum when the claim is settled...an attorney will not and cannot get anything paid prior...however...if you have medpay on your auto policy you can certainly submit some of the bills thru that...most that i know of anyway states cannot rate up for a med pay claim...

re: no rental car....have they settled your auto total loss yet?

Posted: Thu Oct 02, 2008 11:31 pm Post Subject:

Life...sometimes it is immpossible for teh atty to inflate fees. Here in PA the min. cocerage a person can carry is a low $15000. If you are seriously injured this would not do squat. Especially if you exhaust your own auto medical coverage. Lets take my situation for instance:
Serious injuries and I have already exhausted my car insurace med pay. Now my own health coverage has covered already $6000, plus lots more to come in the future. Now my lost wages are roughly $5000. So my insurance comapny would want repaid from that $15,000 , lNow after atty fees of one third it down to $10,000, med bill repyand lost wages ...there goes another $11,000 ...that leaves me being $1000 in the hole.
I am just taking worse case scenario cause mine hasn't settled but if her limits were low...now I have an arm (main one I use) that is useless and for what? I probaly will the regret hiring an atty.

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