by LUCINDA574 » Sat Jul 11, 2009 03:46 am
I was involved in an accident with my children on Monday, a lady made a left hand turn across a divided roadway and never stopped and I ended up in her passenger door. I have a 2009 Kia Sportage 2WD 4 cyl with 15,000 miles and have extensive damage in the front end, air bag deployed and I was taken by ambulance to the ER for severe abdominal pain and dizziness. Let me add I am also almost 4 months pregnant. The police report shows she was totally at fault for failure to yield.
Well the auto adjuster (Farmers) went to the tow yard today to look at my truck. She said there approx $7500 worth of damage that she could see and that it would not be totaled. She called me back 3 hours later, said they could not get the hood open to check inside the engine compartment but at this point, the bids came back from salvage and we are at the line right now where it looks like it would be totaled. She would not give me a figure as to how much damages are now or what the new damage is she found, only said that salvage bids came back very high for it and they were taking it to the dealer to be torn down and if more damage was found it would be totaled....
I really dont understand how it can go from fixable to totaled in a matter of hours with no reports of further damage and I am totally confused as to what salvage has to do with it. Can you explain salvage and est what my truck is worth?
Also, I went to ER and was sent home 6 hours later after being told that I was a "probable miscarriage" and could lose the baby that night. I was having severe cramping, but at 14 weeks they cannot do anything to stop the contractions and there was a good chance I was going to lose the baby. Thank God so far everything is good, I am on bedrest for the most part and my OB is going to send me to a specialist as I am having back spasms, severe headaches ( I cracked my head pretty good I guess, I have a goose egg over my left ear) and my neck/shoulders are killing me and occasional female cramping still.
My children were checked by their Ped the day of the accident, they had slight bruising from the car seat restraints but otherwise were ok.
The medical adjuster came to my house today to get my statement and for me to sign a waiver for her to get my medical records from the accident. She told me she would not pressure me to settle for anything as far as medical on me since I am still under care, but they we needed to settle for the girls since they were ok. She offered to pay for their carseats, the doctor office charge and to give them each $500 for injuries. I almost didnt take theoffer because it just seemed odd, I had not asked for anything, I honestly had even thought about the kids bill yet when she said that normally in cases such as ours she gives each child $500. So I felt pressured and sign off of the kids. But now I keep thinking that an hour after she leaves the auto lady calls and says we are totaling your car and I feel like a pushover.
I dont want to get a lawyer, I just hate the idea of it, seems slimy because I am not trying to get anything out of them, just the bills paid but I am scared with the truck they arent going to give me what it is worth and unfortunately we do not have GAP on it, we do our other car, but evidently we did not add it to our policy on the truck. I have only had the truck 3 months and am afraid we are going to end up owing tons on it and not having it and then settling on the medical and something comes up with the baby because she says she isnt being pushy but then she makes remarks like we can have it all wrapped up in a week or two if we cooperate. I really need your advice or suggestions. Should I get a lawyer or do I just wait it out with the adjusters and hope everything gets paid for??
Well the auto adjuster (Farmers) went to the tow yard today to look at my truck. She said there approx $7500 worth of damage that she could see and that it would not be totaled. She called me back 3 hours later, said they could not get the hood open to check inside the engine compartment but at this point, the bids came back from salvage and we are at the line right now where it looks like it would be totaled. She would not give me a figure as to how much damages are now or what the new damage is she found, only said that salvage bids came back very high for it and they were taking it to the dealer to be torn down and if more damage was found it would be totaled....
I really dont understand how it can go from fixable to totaled in a matter of hours with no reports of further damage and I am totally confused as to what salvage has to do with it. Can you explain salvage and est what my truck is worth?
Also, I went to ER and was sent home 6 hours later after being told that I was a "probable miscarriage" and could lose the baby that night. I was having severe cramping, but at 14 weeks they cannot do anything to stop the contractions and there was a good chance I was going to lose the baby. Thank God so far everything is good, I am on bedrest for the most part and my OB is going to send me to a specialist as I am having back spasms, severe headaches ( I cracked my head pretty good I guess, I have a goose egg over my left ear) and my neck/shoulders are killing me and occasional female cramping still.
My children were checked by their Ped the day of the accident, they had slight bruising from the car seat restraints but otherwise were ok.
The medical adjuster came to my house today to get my statement and for me to sign a waiver for her to get my medical records from the accident. She told me she would not pressure me to settle for anything as far as medical on me since I am still under care, but they we needed to settle for the girls since they were ok. She offered to pay for their carseats, the doctor office charge and to give them each $500 for injuries. I almost didnt take theoffer because it just seemed odd, I had not asked for anything, I honestly had even thought about the kids bill yet when she said that normally in cases such as ours she gives each child $500. So I felt pressured and sign off of the kids. But now I keep thinking that an hour after she leaves the auto lady calls and says we are totaling your car and I feel like a pushover.
I dont want to get a lawyer, I just hate the idea of it, seems slimy because I am not trying to get anything out of them, just the bills paid but I am scared with the truck they arent going to give me what it is worth and unfortunately we do not have GAP on it, we do our other car, but evidently we did not add it to our policy on the truck. I have only had the truck 3 months and am afraid we are going to end up owing tons on it and not having it and then settling on the medical and something comes up with the baby because she says she isnt being pushy but then she makes remarks like we can have it all wrapped up in a week or two if we cooperate. I really need your advice or suggestions. Should I get a lawyer or do I just wait it out with the adjusters and hope everything gets paid for??
Posted: Sat Mar 13, 2010 01:09 pm Post Subject:
Good to hear from you Lucinda! So sorry your little guy has had such a tough time of it...from your post he is CLEARLY a fighter...what is his name?
Lucinda, if I were you, (and you agree with this) I'd get all my info together (ie total your med bills-hopefully you kept a diary like I advised)..and tell them you will sign a release for policy limits...that you won't involve the baby, or you will sign a release...I would tell her that you've spoke to an attorney, and docs..if they are unwilling to pay policy limits, you'd be willing to roll the dice with a jury, and parade pics of your son, and his struggles...as well as your own (having two young girls, and preg. and not being able to get pain relief, and the anxiety of the rest of this pregnancy, worrying about your SON, that you and your husband wanted so badly, to then go into pre-term labor, only to have him have so many terrible problems..) just lay it on thick.....I think the adjuster should get the picture...and going to trial would most likely end up in an excess judgement against their insured...who then could bring a bad faith claim against them because you have offered and are willing now to accept policy limits...and that you intend to follow this conversation with a written letter reiterating your willingness to settle for policy limits...but your offer to do so is only good for 'x' amount of time (you decide)...and if you don't hear from them in that amount of time, you will have no choice but to get an atty, and at that time you will be seeking excess policy limits for both you and your son, and his med bills alone are over 500k...and I'd leave it at that..and I'd send a letter, like I said, and see what happens...
Posted: Sat Mar 13, 2010 01:32 pm Post Subject: insurance
(Been out of the 'loop' for a while). I was scanning through this post and.....I just don't know what to say. How horrible for you and your family, OP!! It just sounds like there is NO ONE on your side (reguarding the right defense that you need). Poor little thing!! Well.....it sounds like you're pretty tough, so, I just bet the 'little one' will be the same way!! I would like to know an 'update', as well..........thanks. (Hello, LORI and everyone else!!)
Posted: Sat Mar 13, 2010 01:38 pm Post Subject:
hi SD good to see you
Posted: Sun Mar 14, 2010 10:01 pm Post Subject:
Wow Lori, I never imagined asking for that much...when you say policy limits, in Indiana the minimums, which is what I assume she has, are: Bodily Injury Liability: $25,000 per person with a $50,000 Limit total. So I am asking for the $25,000, right? I did keep a diary, not a very detailed one, just when the pain got real bad I would write it on the calendar that I couldn't hardly move or couldn't pick Carrie up or that I was having pain again in my abdomen where the bruise was ( the bruise stayed there almost 2 months, right where my prior c-section was...) The medical bills they have from me and from my insurance.
The adjuster was sweet and she called every month to check on me. I was always honest, sometimes prob too honest as I made light of my hurting at times. I never looked at this accident as a "way to make money" as some people do, I just wanted the bills paid. But I admit, it scared me till the day he was born that he got hurt because of it and in my heart, with all the brain issues, something happened in womb to stop it from growing. I honestly believe it was the accident. The drs said it could have been but there are reasons it could have happened also.
So do I wait till she calls me with an offer or do I call her or do I just send a letter? Also my mil says that my husband needs to also settle with her for all the emotional crap he went through, missed work for the 3 days he took off when I was in ER and for "lack of consortium" which I had to look up and honestly, I cant see him actually wanting anyone to know that his sex life went to nothing after the accident lol
To be honest, I dont see her offering more than like $2000. Right after the accident when I couldnt get them to get my truck taken care of and I told them I was going to an Atty she advised me to go and that I couldnt speak to her if I did...
thanks for the advice and for the support, I just want this done and over so I can pay the rest of my medical bills and put it behind us.
Posted: Mon Mar 15, 2010 11:35 am Post Subject:
Bodily Injury Liability: $25,000 per person with a $50,000 Limit total. So I am asking for the $25,000, right?
If they had min. limits...those are the same limits my state requires, but I carry much higher limits than that...so I'd just tell them (if I were you)...I want policy limits and 'this' is why I feel entitled..also before I'd sign a release for said limits, I'd make them prove their limits to me..oh and yes, it would be the first number (25k in your example)."lack of consortium"
I've never heard it called 'lack of' :lol: ''loss of'' maybe :wink: and she's right he has to sign off as well.Honey, you do what you think is best, but this is no 2k claim IMO...especially with your son's condition. This money is meant to compensate you no only for the actual injury, pain, loss of wage. But also loss of quality of life (couldn't properly care for your girls etc)...as well the mental (dis)stress of finishing this pregnancy, worrying the entire time. Also don't forget that due to your pregnancy you could not get much pain relief. Also with your son's disability and the docs up in the air about if the accident caused it or not. I'd (again) ask for policy limits, and remind them that if they chose not to pay me this, then their insured will have a bad faith claim against them as well, should you be able to secure an 'excess' judgement.
Look I'm the first one to throw up the b.s. flag on money grubbers, trying to make a buck on a tap in the rear...but your accident was different...IMO, you're due policy limits on this one....due to your son's disability(s).
Again, it's your claim..so you do what's best for you. Remember to check before settling, to see if your health carrier (or medpay) is going to subrogate you for the medbills they have already paid...
I'd get all my stuff together then call the adjuster, and follow it up with a letter or email.
Let us know what happens..and if we can assist you any further...also what did you name this sweet boy?
Posted: Tue Mar 16, 2010 04:45 am Post Subject:
thanks Lori, I really appreciate all your help and I will follow your advice and see what happens.. I will definitely let you know how it goes!
We named him after his Dad, Clarence Ralph Wyatt H. III. We call him Wyatt.
http://i141.photobucket.com/albums/r74/CASEY574/101_2477.jpg
Posted: Tue Mar 16, 2010 10:43 am Post Subject:
What a cutie! Lucinda, he looks healthy as a horse now doesn't he? You're truely blessed...Wyatt...I've always liked that name...congrats again!
Let us know if we can be of further assistance, and how it goes..
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