by Riep69 » Fri Jan 25, 2008 05:14 am
was a 22 year old passenger in a single car accident that broke my femur which resulted in 3 nights in the hospital and sugury to place a rod and screw put in my leg. I was off work for 3 1/2 months and had to go through a month of theropy before returning to work. Medical bills approx. 30k, and lost wages of around $4500. I am almost ready to settle with the insurance and would like to know where to start? What kind of settlement am i looking at? I was wondering where to start when the offering comes.... does it matter if he was drinking and driving and driving wrecklessly? didnt get a DUI though, got physical control. His coverages is 100 300 50...i would like to know a round about estimate of what I am expected to get so I know what to settle for. I talked to a lawyer and she said go for the limits...so after my bills that would leave about 70k, would the insurance settle for that?
Posted: Wed Jan 30, 2008 11:38 am Post Subject:
I don't think so federal anyway...state would be well, state specific...just call the IRS and ask them you likely have a local branch....If you don't hear back from the rep within 48 hours call back, and if voice mail picks up ''zero'' out and ask for their supervisor.
Posted: Wed Jan 30, 2008 04:34 pm Post Subject:
I've alway understood that it's not taxable as it's not income. It's a payment to address a loss, and makes you "whole".
Yes, I recommend seeing if Progressive can pay you directly as you can then see about lowering and paying the medical bills yourself. As mentioned, if the medical providers sent a lien to Progressive, Progressive is required to pay the lien.
Posted: Wed Jan 30, 2008 06:15 pm Post Subject:
what exactly is a lein? and should i ask them if one was sent to them?
Posted: Thu Jan 31, 2008 10:56 am Post Subject:
a lein is exactly that a 'lein' against your settlement (chiropractors almost always file leins and many other med providers as well)...it in affect says, before you pay the injured party his settlement you pay us what we got coming first! It assures them (providers) that they get paid from your settlement, and you don't get it all and run off and not pay them....if an adjuster has a lein(s) they HAVE to pay them out of your settlement before releasing any money to you. You will then get the balance (this all happens in one day...didn't want you to think this was a lengthy process)... :wink:
Posted: Sun Feb 03, 2008 12:22 am Post Subject: settle
I dont know much on this but take into consideration youll probably get arthuritis and have pain and other companies may not want to hire you because of your leg. talk to a lawyer.
Posted: Sun Feb 03, 2008 02:33 am Post Subject:
Are you still friends? Why did you get in the vehicle with him if you knew he was drinking or drunk? I am just curious why you would put yourself in this position in the first place?
I hope all works out for you, that you recover soon and get back to work, some are not so fortunate, you are lucky to only have the leg injury, you could have been killed. I hope that you make better judgement calls after this incident. Value your life, don't get in with a drunk driver please.
Posted: Sun Feb 03, 2008 12:59 pm Post Subject:
DADUMMY52,
talk to a lawyer
I know you have some unresolved issues with your settlement but again in this case, it is more than likely a limits claim, if so again an attorney will not help, but rather remove money from him...if this OP can get anywhere around 66k that is the most he could possibly get with an attorney....Posted: Sun Feb 03, 2008 08:45 pm Post Subject:
i know i shouldnt have got into the truck with him but i had been drinking and wasnt thinking. he wasnt really drunk, he was just driving dumb, and yes we are still friends, it was an accident, im not gonna hold anything against him, he didnt mean to. im not going to hire a lawyer, i havt one that i am talking to every step of the way and gettin advice. i cant get anymore than the limits and im not going to let an attorney take 33%. thanks for all the advice, im back to work and doin alot better, still have pain and have to go back to the doc and get more xrays because my knee is poping for some reason. if i settle for the limits is there any reason to wait to settle if im gonna settle for the limits? why not settle now?
Posted: Sun Feb 03, 2008 10:52 pm Post Subject:
No reason to wait... you can make your demand at any time.
Just a note: getting into someone's vehicle whom you know to be under the influence can be used as a defense in many states. Public opinion on it is almost as bad as DIU. But from what I can tell, DIU is not being used as an issue as the driver was not charged. Still, I'd not make it a big issue on your side.
Posted: Mon Feb 04, 2008 03:45 am Post Subject:
are you saying they can use that against me and the settlement wont be the same? he wasnt drunk and i told the adjuster that the day i came home from the hospital, im not even sure if that had an effect on the accident, it might have a lil but not totally.
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