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 Posted: Thu Feb 25, 2010 3:03 am Post subject: Rear end collission. |
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I just dropped my daughter off at school and going on the the boys school to drop them off. The light was red so several cars were stopped. Even me. I was looking around the trees and how bear they were. Then all of a sudden, I said what the @#!$ was that. I was just rearenede by a teenager in highschool, he was on the phone by the time I turned and looked at him. I proceeded to dial 911 and had the police show up, I called my mom and my husband to come. The officer sold my husband that he should be driving because I was pretty shooken up. So I finished talking and describing my part of the accident and he his. He stated his foot slipped off the break and that is when he hit me. Well that wouldn't have a collision like it did. Almost 1000 dollars work of damage to the back bumper, now fixed. My husband had to take me to the ER because I could feel the pain coming. My two boys that were with my were alright.
after testing and physical therapy. Over three months missed work, flat on my back on my bed. Two thoracic steroid injections, two hip bursa injections, two positive disc ograms. In december i had the spinal coord stimulator implant put in. What a difference, but definately not 100%. My insurance company has paid out over $125000. Any idea for a settlement. |
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baklava89
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| Posted: Thu Feb 25, 2010 3:40 am Post subject: |
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| Quote: | | My insurance company has paid out over $125000 |
Why did your insurance company pay anything?
| Quote: | | Any idea for a settlement. |
No one can answer that.
| Quote: | | Well that wouldn't have a collision like it did. |
Sure could |
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Trench
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| Posted: Thu Feb 25, 2010 3:49 am Post subject: |
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| My health insurance paid out because of being a no fault state. your insurance has to pay then through segrogations your insurance company gets paid back. |
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baklava89
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| Posted: Thu Feb 25, 2010 3:52 am Post subject: |
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That explains it. I thought you were going to say he didn't have insurance. |
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Trench
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| Posted: Thu Feb 25, 2010 3:56 am Post subject: |
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| no, very well known people, 17 yom, texting and didn't see me. slammed on brakes. had to have hit me going aroung 20-25 mph. limit is 35. lied to cops said his foot just slid off the brake and he hit me. holes in bumper. |
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baklava89
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| Posted: Thu Feb 25, 2010 4:14 am Post subject: |
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| Quote: | | texting and didn't see me. slammed on brakes. had to have hit me going aroung 20-25 mph. limit is 35. lied to cops said his foot just slid off the brake and he hit me. holes in bumper. |
That's probably what happened. I am just saying that someone's foot slipping off the brake can infact cause that type of damage, I have seen it before. |
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Trench
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| Posted: Thu Feb 25, 2010 4:42 am Post subject: |
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The big potential problem I see here is the other person's policy limits. If you have $125k just in medical bills then I think your claim could very well be $200k. Has the other carrier spoken to you about the accident? Have you asked them about their policy limits? If they don't have to tell you what they are, ask if they think the limits will be an issue. Do you have UIMBI on your policy (Under Insured Motorist Bodily Injury)? If so, notify your carrier of the accident and that you intend to seek this coverage. You may want to speak to an attorney about this matter but know this... if the other carrier's limits are well under $125k then you might as well collect that on your own and only us an attorney to help with your UIMBI claim. If you have UIMBI You _cannot_ settle with the other carrier without obtaining your carriers permission.
My point in getting the other person's policy limits on your own is that there is a very good chance they will simply offer it to you. Why pay an attorney 33% of that money when they would just offer it up front.
Again, see if you can find out what the other person's policy limits are.
You will also need to pay your health carrier back. If you don't have UIMBI and the other carriers limits are lower then $125k, or even $200k, then you should see about negotiating repayment to your health carrier. You basically tell them that your settlement was much lower then you should have collected so you will need to settle for a percentage of what they paid. In many cases you can get 50% reduction or more. |
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tcope
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