by Guest » Tue Dec 30, 2008 09:52 pm
My wife was involved in an accident, we live in California The other driver ran a stop sign and my wife couldnt stop, basicaly t-boned the other car. Her car was totaled as well as the other drivers. My wife was 7 months pregnant. Baby was checked out at ER as well as my wife. Baby checked out fine even though the airbag hit her stomach area and chest. Wife had a few burn marks from the seat belt on her chest and lowr stomach. Her back and wrist was hurt but nothing broke. Dr. prescribed therapy for both. Therapy lasted a few months. My wife went through a lot of pain and suffering and stress after the accident and being pregant made it worse. Total medical bills amounted to about $8k (our medical insurance covered most of it, we paid out like $1500) and other damages included loss of work and gas/driving to the Dr.s ofiices etc. and had to pay out $1500 due to the car was new and wasnt worth as much as we owed. The total damages were about $10,000 including the money we had to pay out to the car finance company($1500).
The other persons auto insurance company has offered $12,000. I dont want to sound like a money grubber, but the way i figured this is the adjuster is basicaly offering $4000 for pain and suffering and taking care of the medical charges. My wife went through a lot of pain and suffering and stress for $4000, but we are benifiting from having our medical insurance paying for most of the medical charges and not out of our pockets.
Is $12,000 a reasonable settlement? The accident happend about 6 months ago.
The other persons auto insurance company has offered $12,000. I dont want to sound like a money grubber, but the way i figured this is the adjuster is basicaly offering $4000 for pain and suffering and taking care of the medical charges. My wife went through a lot of pain and suffering and stress for $4000, but we are benifiting from having our medical insurance paying for most of the medical charges and not out of our pockets.
Is $12,000 a reasonable settlement? The accident happend about 6 months ago.
Posted: Tue Dec 30, 2008 10:11 pm Post Subject:
First, the injury amount/settlement and the property damage amount/settlement are two different things. It seems like you might have combined them in your information which is confusing.
The other insurance company only owes you for the value of the vehicle. If you owe more then the value, they don't owe the difference. The contract between you and your lien holder and what you paid on the vehicle does not involve the other carrier.
I certainly cannot tell you if $4000 on top of the medical bills is something that is fair/reasonable. That is really up to you. I can say that it sounds like it's in the ball park. That is, I don't think the $4000 offer should turn into $50,000. Also, was this the initial offer? If so, I can say with almost certainty that the amount can go up with little effort. If you think you would settle for $7000, then perhaps you'd want to ask for $15000 on top of the medical expenses. Usually making a demand like this sends a signal that you'd like to be 1/2 way between the two amounts. It allows you to reduce your demand when the adjuster increases they offer. If they increase their offer and you are not willing to come down, then it's really not a negotiation. The trick is to make it sound like you think you should be paid the $12,000 and then in an effort to settle the matter, your willing to come down a little. I'm not saying that you should be asking for the amounts I've mentioned, just using those amounts as examples.
I can also say that CA is a VERY plaintiff friendly state! Adjusters know they want to avoid the court system if at all possible.
Is the carrier going to pay your health carrier back directly? Has your health carrier asked to be paid back? Many times they simply pay the medical bills and don't look for recovery even if they are entitled.
Posted: Tue Dec 30, 2008 10:24 pm Post Subject:
Thanks for reply. Our own car insurance paid off our car and said they would go after the other party ins. to recover the damages.
We asked for $22k for medical and pain and suffering etc. They responded with a $12k settlement. Our medical insurance has said nothing about anything, our bills are just being paid by them.
The other partys ins. offered us the $12k, who knows maybe we will have to pay our medical ins. company back from this amount?
I sent an email to the adjuster we would accept $17k but wont accept anything lower. A lawyer freind said our settlment proposal was not unreasonable and he would ask for much more if we want to retain him.
Posted: Tue Dec 30, 2008 10:35 pm Post Subject:
Sounds like a plan! Sticking with the $17k is not a bad plan. If you can wait, time is on your side. Adjusters don't like to leave claims open and hanging out there (things can go wrong) so sticking to your demand can help. Eventually you _might_ need to come down but you don't have to budge if you won't want.
If your health carrier has not asked to be paid back, I'd see about having the other carrier pay you for the medical bills and then just put that money into your bank account for awhile and see if the health carrier does ask for the money. If they don't, I see no obligation to pay them for what they have not asked for.
Posted: Wed Dec 31, 2008 05:55 am Post Subject:
I would go with tcope, its difficult to quote the reasonable amount for the pain and suffering. If you can wait you may wish to settle for the BI claim after she recovers completely.
The health insurer may be allowed to subrogate the claim paid by them once the claimant settles with the at-fault driver's insurer. At least, its allowed in most of the cases.
Do you have any idea about the policy limit of the other driver? And, what is the worth of the medical expenses?
Posted: Wed Dec 31, 2008 07:39 pm Post Subject:
no, dont know wnaything about it.
Posted: Wed Dec 31, 2008 08:47 pm Post Subject:
They counter offered for 13k today. Talked to a lawyer and he said its best to sue them as their settlement offer was far too low for the amount of medical expenses and pain and suffering caused.
Posted: Thu Jan 01, 2009 07:22 am Post Subject:
Remember that hiring an attorney also involves costs. The attorney would take around 30% of the settlement amount as his fees. Then the health insurance company may subrogate what they have paid towards the medical bills. Therefore, you need to decide whether its worth suing the other driver or not.
However, since California is a tort state you can always sue the responsible driver for the damages caused by him/her.
~Jeremy
Posted: Thu Jan 01, 2009 03:17 pm Post Subject:
So unless you use an attorney to sue then the Health Insurance company may not subbrogate? What happens if the person does settle and later the Health Insurance provider comes back and demands payments? Does the other insurance company or the victim in the accident have to tell the insurance company about a settlement? I would think they may have to but not sure on this.
Posted: Thu Apr 28, 2011 01:27 pm Post Subject: Car Accident
Was a passenger in a car accident. My side of the car was T-boned and I had to be extacted , taken by ambulance and treated for ribs, clavicle, and cervical pain. Accidnet was other drivers fault and she was ticketed at scene.. Car was totalled. It is now 9 months later, and I am still in theraby for post traumatic syndrome and have a permanent indentation on my neck due to impact and seat belt trauma and airbags. My medical ins. has paid for all bills , plus my car ins has paid for any uncovered expenses.... Now my medical ins has went after the other drivers insurance for hospital and post treatment. To date. about 15,000 dollars not including the car totalled at 12,000. They are now trying to settle with me , I am unsure of amount that is fair. I no longer sit in the front seat, and driving myself is difficult. My freedom to come and go is history, all because someone wasn't paying any attention, and slammed us.. Any info would be appreciated...
Posted: Thu Apr 28, 2011 01:45 pm Post Subject: car accident
Fair settlement
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