by stargaz1107 » Sat Apr 26, 2008 01:00 am
I got into an accident on 10/13/07 and my car was totalled. I ended up having to go to the doctor and getting pt. CAT was done and the dr basically states I've reach max recovery. I did not get an atty because I believe I didn't really feel it was necessary. It's now been several months and I still have pains. My adjuster want to close the UM claim and I decline his offer for settlement...what is my next step and or options in ensuring that I still have coverage for my on going aches and pains.
Posted: Sat Apr 26, 2008 05:44 am Post Subject:
Hi, you can't really accept an offer from the adjuster which is too low for your case, but at the same time you have to be reasonable while dealing with it..at times it really seems that the adjuster has offered you quite a handsome worth...while in reality it is actually lesser than the true worth of the material. So, its a tuff time for you to weigh it properly & accept a settlement.
Regards,
Laugh-bureau
Posted: Sat Apr 26, 2008 06:05 am Post Subject:
My adjuster want to close the UM claim and I decline his offer for settlement..
Thats quite natural for any adjuster to think like that. After all they are meant to act on behalf of their company's interest.
Suppose an adjuster is allowed by his manager to settle a case between $15k-$20k, then he is not supposed to start bargaining anywhere near to $20k. Simply because that would not let him settle the case for the desired amount.
So its more likely that he'd start somewhere around $15k. That would leave him with an option for further bargaining & demanding more proof of support towards your desired figure for the same settlement.
So, the only option for you is to push him towards further negotiations. Did you preemt his settlement offer with your own proposal in the form of a 'demand letter' ? If not, do it now.
Wish that clarifies it to some extent!
Plasmahectic
Posted: Sat Apr 26, 2008 06:32 am Post Subject:
hi!
I'd seen people go by the 'rule of the multiplier'. If you gotta follow this rule, you'd first need to pile up the medical expenses & then assume twice or thrice that amount to be added to the other expenses like the damages to the car caused due to the accident. From that you'd definitely need to deduct the doctor's fees, attorney charges, towing charges (& also cost of some damaged goods if any). That would give you a rough estimate of the settlement money thats gonna come to your pocket.
Thats why, just like the people have mentioned above, you'd need to reject the initial offers made by the adjuster (& it seems you've already done that correctly). As, someone has rightly pointed out to the settlement range, I'd say its true that any accident settlement gets evaluated or analyzed at the adjuster's office & a range is derived for the worth of the settlement from the point of view of the carrier.
So should you call him right away? No.
Call him some weeks later to explain why the offer was not sufficient. But yeah you need to remember that you can't make a proposal for a settlement that exceeds the upper-cap or the authority. Well, you may rest assured that this upper cap won't ever be disclosed to you, but if your proposal crosses it you'll hear them say that your proposal is way beyond their authority. So act accordingly & let us know what comes up from time to time!
BerthyD
Posted: Sat Apr 26, 2008 11:44 am Post Subject:
All good answers folks ! bravo!....OP did you make a counter offer? What is your UM limit and what was the offer? What are your total bills?
Posted: Sat Apr 26, 2008 10:55 pm Post Subject:
Is there a way to avoid a counter offer? Say the adjuster really has 30k to play with but starts with 15k..then you counter offer at 20k..didn't you just screw yourself out at least some money?
Posted: Sun Apr 27, 2008 01:17 am Post Subject:
thanks for all the answers to date, No I did not do a counter offer. He just offer $400. My bills are Medical (dr vist, pt, x/ray, cat scan ) are probably around the 9,500++ any my car was total and I was given $8,500. My UM is 100/300. My concern is not really the settlement but that I still have pains and don't really want to be stuck with medical bill later down the line
Posted: Sun Apr 27, 2008 12:16 pm Post Subject:
Is there a way to avoid a counter offer?
no, not unless you accept the first offer made by the adjuster...that i can see....Say the adjuster really has 30k to play with but starts with 15k..then you counter offer at 20k..
if you truly believe you have a limits injury then you come back and limits and stay at limits...however remembering if you are attorney rep'd and the attorney is successful in getting the coverage limits...(30k) then you will still only be getting 20k! see?didn't you just screw yourself out at least some money?
no, not if your counter is some more than you think your claim is worth...No I did not do a counter offer. He just offer $400.
WHAT???????????????? :shock: :shock: :? :? you have actual bills of 9k or better and they offered you 400 bucks? are you kidding me? (your car claim has zero to do with the UM claim)....I can't believe that! Are they paying your medical bills or have they agreed to once this is settled? Please expand on this...I can't believe an adjuster made an offer like this? or was this offer made prior to any treatment very early on?Posted: Sun Apr 27, 2008 04:56 pm Post Subject: Please expand on this
The 400 was offered after I finished my PT. MY doctor told me after doing a CAT scan that I have reach Maximum recovery? If it get bad to come back and we can talk about futher treatment (strerioid shots, surgery?!?!) Well the neck pain is there on and off. It's like a pain in the neck after a really bad day that just can't be massaged away. I just take an ibuprofen and heating pad. sometimes it last one day other times it takes a few days.
Posted: Sun Apr 27, 2008 05:01 pm Post Subject:
Posted: Sun Apr 27, 2008 05:05 pm Post Subject:
The offer was made after all the treatments was done! I have not gone back to the doctor regarding my neck pain and am wondering if I should. I don't really know what else the doctor can do. Based on what everyone else had told me once you get in an accident and have neck pains - - the injury basically will be with you for the rest of your life more or less. Which brings me back to my original post...what does one do after an accident when the doctors tell you you've reach maximum recovery? Do i keep dragging it out?
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