by donti32 » Fri Oct 02, 2009 04:38 pm
I was involved in a pretty big accident 5 weeks ago. I was alone in the car. The other driver was ticketed and was found to be at fault. My car suffered $19,000 in damages. The rental car was about $900. The third party spoke to me and clarified that they are 100% at fault and have payed for these repairs. I bought new car seats for $500. I was told they would reimburse me and to keep the receipts.
I was taken to the ER for neck, elbow and shoulder pain. I had two digits with numbness. The x-rays of the neck indicated a possible fracture and was later ruled out with an emergency CT of my neck. The ER diagnosis was cervical radiculopathy. I was told to follow up with my primary in a few days.
My primary physician wanted to let the inflammation cool off for 2 weeks. He prescribed muscle relaxers and anti-inflammatory medication. I was given a note to work at half my capacity for two weeks. After the 2 weeks the numbness subsided but the elbow and shoulder were bad still. The neck was just tender at the end of the day. I was told to get radiographs of the elbow and shoulder and start physical therapy 3x a week for 6 weeks. The x-rays were normal. Again I was told to work at 50% my capacity
At this point it had been a month since the accident. I still had pain in the elbow, which was diagnosed as lateral epicondylitis (tennis elbow) from the impact with the glass window. The shoulder was still bad after 2 weeks of therapy so I consulted with a orthopod. A MRI of the neck and shoulder were done. The shoulder involved a procedure to inject dye into the joint space. The results were yesterday. I have an extensively torn labrum. They want 4 weeks of additional therapy and a follow-up. If I need surgery I will be not able to work for 2 months minimum. Again I was told to work at half my capacity for 4 more weeks.
I cannot be sidelined for two months. My practice will bankrupt. Can I settle, assuming the therapy will help manage the shoulder, for future medical treatment and lost wages? I know because I asked, the 3rd party does not have minimal coverage. I have underins. coverage of 250/500. I want to get feedback and avoid a lawsuit. Lawyers are salivating over this case.
Oh by the way I work 8 hours a day and earn $230 per hour. My employer is keeping track of my lost wages. It adds up to over $5000 per week plus any lost time for therapy, doctors vists, etc. My car is taken care of. I had the car inspected and appraised. It has lost 8-10k in resale value. My doctors bills will be 15k without surgery.
I need to get better but this is starting to get overwhelming.
I was taken to the ER for neck, elbow and shoulder pain. I had two digits with numbness. The x-rays of the neck indicated a possible fracture and was later ruled out with an emergency CT of my neck. The ER diagnosis was cervical radiculopathy. I was told to follow up with my primary in a few days.
My primary physician wanted to let the inflammation cool off for 2 weeks. He prescribed muscle relaxers and anti-inflammatory medication. I was given a note to work at half my capacity for two weeks. After the 2 weeks the numbness subsided but the elbow and shoulder were bad still. The neck was just tender at the end of the day. I was told to get radiographs of the elbow and shoulder and start physical therapy 3x a week for 6 weeks. The x-rays were normal. Again I was told to work at 50% my capacity
At this point it had been a month since the accident. I still had pain in the elbow, which was diagnosed as lateral epicondylitis (tennis elbow) from the impact with the glass window. The shoulder was still bad after 2 weeks of therapy so I consulted with a orthopod. A MRI of the neck and shoulder were done. The shoulder involved a procedure to inject dye into the joint space. The results were yesterday. I have an extensively torn labrum. They want 4 weeks of additional therapy and a follow-up. If I need surgery I will be not able to work for 2 months minimum. Again I was told to work at half my capacity for 4 more weeks.
I cannot be sidelined for two months. My practice will bankrupt. Can I settle, assuming the therapy will help manage the shoulder, for future medical treatment and lost wages? I know because I asked, the 3rd party does not have minimal coverage. I have underins. coverage of 250/500. I want to get feedback and avoid a lawsuit. Lawyers are salivating over this case.
Oh by the way I work 8 hours a day and earn $230 per hour. My employer is keeping track of my lost wages. It adds up to over $5000 per week plus any lost time for therapy, doctors vists, etc. My car is taken care of. I had the car inspected and appraised. It has lost 8-10k in resale value. My doctors bills will be 15k without surgery.
I need to get better but this is starting to get overwhelming.
Posted: Thu Oct 08, 2009 12:19 am Post Subject:
My dv claim is going to be mailed out in a few days. Carmax has the car's value at 18k. Excellent to good Kelly value on a trade is 25k. Will they use this as a value, or Kelly retail value of 31k? I feel I should ask and not wait for an offer.
Posted: Thu Oct 08, 2009 11:11 am Post Subject:
I actually have 250/500 in UIM. That is why I am confused.
Well then she's wrong, or misunderstood you. The max you could get from your carrier for UIM is 250k. You might ask her about that, how she came up with 150k being the most you could get from your carrier, I'd be interested in that answer.My dv claim is going to be mailed out in a few days.
Without you discussing it first? hmm, ok, never heard of that, but I'd personally talk to her about it first. I'd want to know how they arrived at their amount etc. Re: Kelly Blue book. I personally don't know any carrier that uses the Blue book. You'd be better off to ask the adjuster what system they use to determine a vehicles ACV (actual cash value). Then if you have access to that system, (ie NADA, Edmunds, or market surveys) you can determine the value. If they use something like CCC, you won't have access to it, but you can still check on line with NADA, Edmunds, or do your own market survey. Which requires you calling about three reputible used car dealers in your area, and talking with the used car sales manager, and seeing if he/she will spend a few minutes with you. You tell them what your vehicle is (warts and all if it has any). They will then give you the amount they would 'ask' or 'take' for your vehicle on their lot.Posted: Thu Oct 08, 2009 11:45 am Post Subject:
My dv claim is going to be mailed out in a few days. Carmax has the car's value at 18k. Excellent to good Kelly value on a trade is 25k. Will they use this as a value, or Kelly retail value of 31k? I feel I should ask and not wait for an offer.
Noone uses Kelly's anymore. Like I was telling another poster, you should consider hiring an adjuster to a appraise the vehicle and handle the dv claim. The problem with the books, is that they only give you of an example of your vehicle. All aspects of the vehicle need to be evaluated to determine it's true value. Places like Carmax do not give you an accurate appraisal. This is the same system that you hear on the radio when the say they will buy your car. Not accurate one bit. And they don't provide you with any "real" documentation and most of their practices are not any different if you researched it on your own. I suggest you make some phone calls to some adjusting firms in your area to see what they have to say and if they can help you.
Posted: Fri Oct 09, 2009 03:22 pm Post Subject:
okay, here is the story. My policy has something written that in UIM they can receive a credit for the amount the other policy pays out. Therefore, no stacking. 100k from 3rd party and up to 150k to reach the 250k policy limits on UIM.
Go figure?
Posted: Fri Oct 09, 2009 10:30 pm Post Subject:
must be a state thing...what state are you in? I'll so some checking.
Posted: Sat Oct 10, 2009 04:41 am Post Subject:
I'm in Illinois. It is a state thing not my insurance. Spoke to legal rep. today. He clarified that UIM only kicks in if you have more than the 3rd party's limits. My policy just sent papers for med release and income verification today.
Posted: Sat Oct 10, 2009 03:29 pm Post Subject:
good...let us know how things are going, and if we can be of any further assistance.
Posted: Thu Oct 15, 2009 03:02 am Post Subject:
okay, been busy with work, kids and physical therapy. Spoke to the party at fault's insurance regarding the PD claim. She said they do not cover DV claims. I said okay I will file a small claims suit against the insured - no problem I said. Instantly they would consider a claim if I could provide clear proof. I already sent 2 trade in estimates one from carmax and one from lincoln. They were $18k and $19k, respectively. I also provided NADA and Edmunds trade in value printouts. The averages subtracted from $18,500 were $8300. She said maybe like $1000 or $1500. Should I at this point hire a francy car appraiser and go that route, or am I throwing money in the wind. I was thinking of filing a suit, hiring a fancy auto appraiser and going that route.
The PI claim is still going through the chain of command.
Posted: Thu Oct 15, 2009 10:49 am Post Subject:
I would ask the adjuster, "just what kind of proof do you need EXACTLY, and I'll get it for you!"
Posted: Thu Oct 15, 2009 11:46 am Post Subject:
I would ask the adjuster, "just what kind of proof do you need EXACTLY, and I'll get it for you!"
Right if there is a settlement in question, this is the most fitting thing to do. If it is proof they need, it is what they get.
I wonder why they have to deny something legitimate when they already know there are ways to go about it.
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