Hit and Run Driver Racing/Uninsured Motorist Claim

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Posted: Thu Nov 15, 2007 11:33 am Post subject:

Sprite if he will take this for even 20%-25% HIRE HIM!!!! Really....I mentioned the stacking in an early post, thought more than likely your state allows it. Suffice to say you have a VERY LARGE claim....Please hire the attorney (I rarely say that! )....Please though keep us updated, it has been a pleasure to attempt to assist you!

Lori

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Posted: Fri Nov 16, 2007 12:22 am Post subject: Update

Hello all, The attorney said there is 200K available (from my UM policy and from the car owner's policy). However, I am new to this stuff, and if my claim is worth $30K, I do not think I need an attorney. So I guess I am wondering how adjusters arrive at these numbers. How did they figure out $11300 for my child? Is that fair? What is a fair settlement for me? Honestly, I feel like I owe my next door neighbor, who drove me all around for a month and stayed with my child at the hospital, over $500 in gas alone. Thank you, sprite PS Lori, why do you think I need an attorney if you rarely say that??

sprite

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Posted: Fri Nov 16, 2007 11:20 am Post subject:

Good morning Sprite,

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if my claim is worth $30K, I do not think I need an attorney

Your claim is worth WAY more than 30k, (where did you come up with that figure?)...just look

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At the moment, bills are $65K.

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am looking at four months on a bone growth machine. I do not know how much the machine costs as well as more PT ($2K).

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That surgery could be $40K.

Plus what you haven't listed, also loss of wage, and pain and suffering, and disability. I think you have a limits claim, (or damn close). I suppose you could demand policy limits from them to settle, (200k), they will need to get the supporting documentation that you've said they don't have yet, and if they don't agree to pay policy limits (or policy limits minus what the attorney fee would be 10% would be 180k) then get the attorney....but since you have a statute about to run you need to get on this...both are reasons I thought you should consider getting rep'd also to make sure about the stacking, and his fee (5-10%) are very reasonable.

Quote:

Virginia has an anti subrogration law re medical pills paid by health ins.

This is great news by the way, I forgot to mention that before!

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So I guess I am wondering how adjusters arrive at these numbers.

Well, this is kind of complicated, and varies some company to company. They take all the medical bills into account, and what they were for. In your case, they are enormous, from the life flight to the surgery, pt, and the hyperbaric chamber and looming surgery (which might be tricky). The loss of wage, the actual pain and suffering you have endured, , the in ability to preform daily functions without aid, the mental/emotional strain and toll, the trauma...(in some states) loss of consortium, any permanent scaring or disablity. And attempt to put a dollar value to all of this. In your case you medical billls are going to (probably) take one of the policy limits (100k)...

Your daughter, well I don't think you said how old she was. And don't think any scaring was mentioned. More than likely they took your daughters bills 9350.00 removed the transportation expenses (lets guess that at 700.00) then took what was left about 8650.00. That times two is 17,300 minus the 6k med is 11,300. But we could guess and make any figures match. I'll bet though that on her claim it was something similar. It's not uncommon for some adjusters to double the med bills. Years ago it was an acceptable practice in smaller claims to roughly figure two or three times the med bills. There is no harm in asking the adjuster, 'just how do/did you come up with this figure'. And I'd certaily do that before I settled her claim. Something to remember in your claim, and maybe hers as well, she didn't have the care and comfort of her mother for quite awhile. Since your little girl is ok now, I'd probably counter with 15k-18k. I'm sure they have a 'range' and if this is the only offer you have received is it at the bottom of the 'range'....Let us know.

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Honestly, I feel like I owe my next door neighbor, who drove me all around for a month and stayed with my child at the hospital, over $500 in gas alone.

I agree, after your settlement depending on what you get I think she's got a grand coming maybe more!

Whatever you decide, don't drag your feet too long! Please keep us updated...

Lori

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Joined: 10 Sep 2007
Posts: 7471

Location: Missouri
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Posted: Sat Nov 17, 2007 12:42 am Post subject: More

I emailed the adjuster and asked if he needed any more documents from my doctors. He replied: At this time I am waiting for you to complete your treatment course. Once you are done I will then send for the bills and records from DELETED Physical Therapy, bills and records from Ortho Clinic (for treatment after 7/30/07), and the bills and records related to the actual surgery/surgeon. ********************************************************** So this means until mid March (my present treatment ends then), the adjuster is not going to do anything?? ' next question: I do not know how to ask for a higher settlement for my child. What should I write. Please suggest. Thanks.

sprite

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Posted: Sat Nov 17, 2007 12:15 pm Post subject:

Quote:

At this time I am waiting for you to complete your treatment course. Once you are done I will then send for the bills and records from DELETED Physical Therapy, bills and records from Ortho Clinic (for treatment after 7/30/07), and the bills and records related to the actual surgery/surgeon

This is normal and customary..Will your statute run by then though?

Quote:

I do not know how to ask for a higher settlement for my child. What should I write. Please suggest

Did you ask how the adjuster arrived at the settlement? I'd just saw you've thought about it and think the offer was low, you're thinking more in the (fill in the blank) range...To be fair though if you accepted it....the adjuster might be a little irritated, but then again had he gotten his paper work right would've been a done deal right? But we all make mistakes...I'd find out how he reached the value then go from there.

Lori

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Location: Missouri
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Posted: Sat Dec 22, 2007 2:18 pm Post subject: Update

Hello, I have updates: first off, when I contacted the previously mentioned attorney, his fee had surprisingly gone up to 25%, not the 5 to 10% he quoted originally. second, a recent x ray (3 days ago) shows that I still have an unhealed fractured bone (over 16 months since accident) My med bills are now at $67311 not including transportation, minimal lost wages (this happened while I was on leave; when I went back to work, it was on a very reduced schedule, though, and I had no sick leave at all); and the ongoing matter of my future medical treatment. The policy limits are 200,000 total. 25% of that would leave me with 150K. But since my medical bills multiplied by two are about 134K, how could an attorney help me? If my medical bills (hospitals, MRIs, surgery, physical therapy) are that high, would the adjuster automatically multiply by 2 for my bodily injury settlement? Thanks _________________ Register Now to have your Insurance queries solved.

SpriteAgain

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Posted: Sun Dec 23, 2007 11:57 am Post subject:

Hi glad to see you back!

Quote:

would the adjuster automatically multiply by 2 for my bodily injury settlement?

No, but with your case, I would demand policy limits...I would think given your injury they would jump on this.....if not immediately soon...I would tell them I want policy limits, and if you'd have to negotiate it down to the 175k range you are still ahead than if you'd had an attorney...I personally think they would jump on settling this one at policy limits and closing the claim....let us know......

Lori

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Location: Missouri
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Posted: Sun Dec 23, 2007 3:03 pm Post subject: Thank you, Lori

I contacted the adjuster -- he only has med bills to last July at 36000 -- so I am working on getting him the rest of the bills. Why would they jump on settling at limits and closing the claim? _________________ Register Now to have your Insurance queries solved.

Sprite Again

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Posted: Mon Dec 24, 2007 2:36 am Post subject:

All I can say is "OMG" glad that you and your child survived this, you two are very lucky, hopefully you will get all the advice you need here, Lori is great about these things, you are in good hands. Hope you recover soon.

dreamer

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Posted: Mon Dec 24, 2007 11:27 am Post subject:

Quote:

Why would they jump on settling at limits and closing the claim?

Two reasons really for one ALL adjusters work on the premise that ''the only good claim is a closed claim'' Wink

And the other is with large claims that ''could'' eclipse policy limits they have a duty to protect their insured...meaning lets say someone has a terrible claim that ''could'' be worth a million dollars, but the policy holder only has 300k the insurance company has a duty to try and settle this claims within limits...if the injured party settles for the limits, then the entire ordeal is over with...if they will not settle they can sue for (let's say) a million if they get that judgement then the insurance company pays 300k and the insured is left paying the remaining 700k...see? The insurance company has a contractual obligation to do their best to settle this within the limits thus protecting their insured from ''excess'' payment.

Lori

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Posted: Mon Dec 24, 2007 11:57 pm Post subject:

gosh, Lori it is a good thing you are here, you are so knowledgeable and open with all this information, if I ever have an accident, I am coming your way. I have been following this thread, it is so involved, feel like I am learning so much, it is like a chapter that I can't put down. Sprite, please keep us update, Hoping for a real happy ending here for you.

dreamer

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Posted: Tue Dec 25, 2007 9:40 am Post subject:

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gosh, Lori it is a good thing you are here, you are so knowledgeable and open with all this information, if I ever have an accident, I am coming your way.

I hope you never HAVE to ask me a thing dreamer...on a personal (accident) level... Wink

Quote:

I have been following this thread, it is so involved, feel like I am learning so much, it is like a chapter that I can't put down. Sprite, please keep us update, Hoping for a real happy ending here for you

I'm glad you're learning a lot dreamer, best way to learn about things if thru practical experience even if it's someone elses! I'm sure Sprite will keep us updated...she's a very sweet lady....and knows we all are pulling for her!

Lori

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Location: Missouri
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Posted: Wed Dec 26, 2007 4:33 pm Post subject: Hello

Lori, I see what you mean by the ins co wanting to close the claim; in my case, the uninsured motorist coverage from my policy and from my friend's policy are the only coverage available since the driver of the car that hit me was never found. The main remaining issue is what is called a non union fracture of one of my collar bones. On xray, the bone looks broken (it is), and on movement, it is painful and the shoulder is weak, since this bone is broken. The bone growth stimulating machine may fix it (it works 65% of the time) and I still have 3 months to go on the machine; after 30 days on the machine, there was no change in the xray. But 4 months is the usual course of treatment. Sprite _________________ Register Now to have your Insurance queries solved.