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 Posted: Sun Oct 26, 2008 11:07 pm Post subject: Fair Settlement amount - I think I being screwed by Farmers |
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My family was involved in a rear-end accident, 100% the other drivers fault, I stopped at the stop light and he hit us without braking, I was hit at about 35 mph, I had about 1500.00 in body damage and had to replace a transmission, because it was shifted enough to burn the bands inside, at $2000.00, they paid all damages to the vehicle plus 5 days rental.
Anyway my wife has recovered after 3 months of therapy, and medical bills and co-pays are at $7000.00, plus all the traveling to/from doctor visits, she has her own business, that she had to work through the pain the whole time(home childcare), and had to pay someone to watch the kids so she could go to doctor appointments at about $1000.00. I requested to settle her account for $40,000.00 but Farmers only offered her just over $10,000.00 as a settlement. They said the lein amount of her medical bills is only $2300.00?
I have 2 questions why is the lien amount so much lower then what I was billed? (I think the Insurance is using this lien amount so they can get away with offering a lower amount to me). How can they get away with this and is it legal to do(is it past practice to do so?), I requested a detailed written estimate how they came to this offer and they said they won't give one.
I on the other hand, had 2 level neck fusion in 2004, I have since fully recovered from that, but now recovery has been very slow, my medical bills are over $13,000.00 (not lien amount) and lost wages at over $20,000.00. I am still seeing physical therapist and pain management doctors, with a possiblity of permnament damage. I wonder what they will offer me???? The other driver policy limits are just above minimums in the state, $50,000.
The kids recovered quickly and are doing fine now, still a little tramatized from the accident
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jhernandy
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| Posted: Mon Oct 27, 2008 8:38 am Post subject: |
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| Well, we might not always recommend the idea of hiring an attorney for the BI settlements, but you case may need a professional help. Also you may not expect more than the policy limit of the other driver. |
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simon
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| Posted: Mon Oct 27, 2008 9:00 am Post subject: |
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What kind of treatment your wife has received? If it has involved the chiropractic therapy then the insurance company will seriously recheck to the amount since the chiropractors are known to often exaggerate their bills.
When was the accident? When the statute of limitation is going to expire? And which state are you from?
Please provide us with this additional information. It might help the seasoned members to help you in a better way. |
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jeorge
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| Posted: Mon Oct 27, 2008 9:46 am Post subject: |
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| Quote: | | I have 2 questions why is the lien amount so much lower then what I was billed? |
Because your health carriers lein isn't included that's why! Everything they've paid they will want back...I'm sure thet's the only lein they have they can't throw a lein in the trash....I'd contact my health carrier, and ask if they are planning to subrogate you for all they have paid, (also a letter if they are not going to) and if so to send a lein letter to this adjuster and a copy to you...you don't want to get a subro notice from them AFTER you've settled, once you've settled you're done...it would be highly unusual for your health carrier not to subrogate this... | Quote: | | I requested a detailed written estimate how they came to this offer and they said they won't give one. |
That is customary...don't know any that would give you any paper work...they should however discuss how they came to their conclusion. | Quote: | | I on the other hand, had 2 level neck fusion in 2004, I have since fully recovered from that, but now recovery has been very slow, my medical bills are over $13,000.00 (not lien amount) and lost wages at over $20,000.00. I am still seeing physical therapist and pain management doctors, with a possiblity of permnament damage. I wonder what they will offer me???? The other driver policy limits are just above minimums in the state, $50,000. |
First of all they only owe you any aggravation to this pre exsisting injury, which frankly isn't worth near 'causing' an injury....(on a personal note would you do that surgery again? I'm fighting with myself about having it done)....are you saying you had completely finished doctoring for this? or where you still treating now and again and the wreck cause more trouble? this is very important, regarding whether they owe you much or not...if you had'nt been to the doc for this for a year or more then the accident caused you to go that's one thing...if you were ongoing with treatment and this just made it a little worse different story... | Quote: | | The kids recovered quickly and are doing fine now, still a little tramatized from the accident |
Glad to hear it...they'll just owe the kids med bills if any and a few hundred in settlement for them..
What was your wifes diagnosis?
(ps I wouldn't even think of an attorney on this one, unless you're ready to cough up a 1/3 or your settlement...you sound more than competent to handle this yourself.)
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Lori
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| Posted: Mon Oct 27, 2008 4:46 pm Post subject: I think I being screwed by Farmers |
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The accident on Mother's Day 5-11-08, I'm in colorado, the treatment for my wife has been physical therapy.
All of my bills are sent to me from my insurance, Blue Cross Blue Shield, as to what is "Unbillable amount" and amount "insurance paid", and "amount billed" - all of the doctor visits including MRI's have this variance in billing - I think this is what is used by attorney's to negotiate the medical bills
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jhernandy
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| Posted: Mon Oct 27, 2008 5:14 pm Post subject: screwed by Farmers |
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My pre-existing injuries have been 100% healed, I was last treated for the pre-existing about 3-4 years ago, but the pre-exsisting has been seriuosly aggravated, I am still being treated for the new injuries, I probably would not consider surgery again, unless it is just to unbearable. My wife diagnosis was neck strain(whiplash), lower back pain, and a rotated right hip, which made it difficult for her to sit, walk, lay, climb stairs. She was offered 10,400.00 as a settlement?? is that reasonable or fair amount??
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jhernandy
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| Posted: Mon Oct 27, 2008 9:01 pm Post subject: |
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| They will go by what the health care provider paid to take care of your injuries. Insurance companies like bcbs always get tests and doctors covered alot cheaper than someone who doesn't have insurance. You have to make sure that if they are going to want repaid (BCBS) that you get it taken care of before the settlement for your own good. I am glad to hear the kids are okay and sorry your wifes Mothers DAy was ruined. Hope all turns out well for you. |
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fireyone
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