by smith123 » Tue Nov 03, 2009 11:09 pm
I was involved with a no fault accident. The other person rear ended me. I had my car totalled. I went to doctor after a week or so, as the day of accident was friday and could not get doctor appointment. I just went to chiro. The final bills run to 3K or so. I still need to pursue treatment for 2 more months. Now, I wanted to know what can I include in the claims in order to get the claims settled? Can I include future claims, loss of wages, hardship? For loss of wages, I did not miss a day at work, but I had to adjust timings during the work to get the treatment. The chiro said that it's normal after the treatment, although I do experience some pain in neck and back, but it's mild now. Do I need to visit any specific doctor now?
Posted: Wed Feb 03, 2010 07:28 am Post Subject: Bi Claim
"If you can attach it to a post, or just type what it says that would help a lot..."
I will try to scan and attach or write it here...
"...has their vehicle had the front bumper cover taken off? "
Not that I am aware of since I have not seen the vehicle after accident
My question is that the doctor's record clearly indicates that the injury and treatment was related to accident. How can they reject doctor's narrative even if their vehicle has limited or no damage? Are the BI and PD not two separate claims. Can they reject BI just because there is limited or no damage to one vehicle?
Posted: Wed Feb 03, 2010 07:38 am Post Subject:
I've not read the whole thread but question... how would the doctor know the injury happened in the accident and was not pre-existing? They don't know this. The way to look at it is asking this question of the doctor in front of a jury. The doctor is going to need to admit that he can't know. They can refuse to pay the BI for almost any reason. That does not mean they are correct.
Posted: Wed Feb 03, 2010 09:09 pm Post Subject: BI injury
Well, my concern is how would I get the right judgement. They are not going to share any information about their car's status immediate after accident, there was no police record. They have already paid for PD and I suspect that they have planned in such a way that they pay PD and not pay BI. Now, to get to what I think is BI, is court the only viable option?
Posted: Wed Feb 03, 2010 09:32 pm Post Subject:
I suspect that they have planned in such a way that they pay PD and not pay BI.
I don't think so...I think they just jumped the gun..and also don't think that they have thoroughly inspected their vehicle...Now, to get to what I think is BI, is court the only viable option?
I would ask them to provide you (IN WRITING)..Their reason behind this...they clearly accepted that their insured's vehicle caused what 3k worth of damage to your vehicle is that right? So if they accept this fact...Their insured vehicle's damage is frankly not material. If they are hinging their entire stance on that. IMO, they'd better get their ducks in a better row, by doing a proper inspection of their vehicle. but again, I'd ask...'what does the damage to your vehicle have to do with MY injury? The damage to MY vehicle I can see how that would show force of impact etc." again, get this ALL in writing...then lets see what their answer is.Posted: Wed Feb 03, 2010 11:31 pm Post Subject: BI Claim
Thanks again.
"I'd ask...'what does the damage to your vehicle have to do with MY injury?"
"The damage to MY vehicle I can see how that would show force of impact etc.""
I have already asked this 2 questions. They say that my vehicle may have some pre-existing damage which they may have not thought about in the beginning. They are going by pictures of their vehicle only and state that the pictures does not depict the damage to be of any significance or they'd rather say there was no force and there was "NO BODILY INJURY"
Now, they have not provided these in writing. I could ask them. However, the fact that I have spent a lot of money on treatment, and still there is some minor pain. If it's worth pursuing then I would. The challenging thing for me would be that they wont provide any pictures or reports of their vehicle which weakens my stance and there is also no police report. Instead of wasting time, can I write off my doctors payment and accept $ 500 and close the issue. The more I think, the more I regret for the delay. I still do not find a way to make my case strong as there is no police report. Dragging this to court will not be a viable option since I have to take days off work and many other adjustments that I may need to make like preparing documentation and stuff like that. What would be the suggestion, whether to accept the offer or ask for little more, or fight it all the way?
Posted: Thu Feb 04, 2010 12:40 am Post Subject:
They say that my vehicle may have some pre-existing damage which they may have not thought about in the beginning
non-sense :roll:They are going by pictures of their vehicle only and state that the pictures does not depict the damage to be of any significance or they'd rather say there was no force and there was "NO BODILY INJURY"
I understand this logic, "IF" and only "IF" there way little to no damage to your car...and their vehicle had been inspected (behind the cover)..You need this in writing...what you've written here that they have said..
Now, they have not provided these in writing.
I'll bet not :roll:I could ask them.
NO, you TELL them..you want this in writing...Their offer, and their denial, and also to address how this much damage was done to your vehicle, and it's 'impossible' for you to have sustained an injury from it.The challenging thing for me would be that they wont provide any pictures or reports of their vehicle which weakens my stance and there is also no police report.
The police report is of no consequence. And an attorney can get that car inspected if necessary...Do you know where they live? I wouldn't suggest you bothering them at all, they're likely already ticked off at you...But could you drive by and maybe see the car?Instead of wasting time, can I write off my doctors payment and accept $ 500 and close the issue.
Of course you can, it's up to you...did a health carrier pay anything on your bills? If so they may come after that $500.00...What would be the suggestion, whether to accept the offer or ask for little more, or fight it all the way?
Honey, that's totally up to you...They are basically calling you a liar. If you think that there is a possibility AT ALL that some of the damage they covered was there prior to this impact..then I'd say take the money and run :wink:Posted: Thu Feb 04, 2010 01:25 pm Post Subject: BI Claim
"TELL them..you want this in writing...Their offer, and their denial, and also to address how this much damage was done to your vehicle, and it's 'impossible' for you to have sustained an injury from it."
If they give in writing will that proove as a good defence for me in a court? Assume they do give in writing, would that be of any avail?
"But could you drive by and maybe see the car? "
That car was a rental car, the carrier had insured the rental car. I am sure that the car might have already been repaired or whatever. The carrier just has some pictures. Not sure if the carrier paid for the repairs of the car or not.
The adjuster told that they can meet me in person on next week and show me the pictures. I know for sure that the pictures doesn't depict real impact, the car was hit by force and by the looks the front bumper of that car does not look to have any damage. It's only the mechanic who can gauge the damage for accuracy
Posted: Wed Feb 10, 2010 05:31 am Post Subject: BI Claim
They have given a ltr as follows:
"This letter is in response to your email requesting further details on our investigation and evaluation of your claim. Attached is photograph that you requested of our insureds vehicle showing a bent licence plate. Additionanlly I have attached photographs of your vehicle for you to review. Our investigation consisted of recorded statements from both you and our insured driver, as well as reviwing damages to both your civic and the Altima. No police report was filed and no witnesses have been provided by either party.
After reviewing the evidence provided we have elected to accpept liability and would would like to resolve your injury claim. ATt this time we are prepared to offer you $500 to resolve your injury claim. We believe this offer to be fair and reasonable based upon our investigation
If you have any additional information you would like to provide I would be more than happy to reconsider my offer. We would like to have the time to sit down with you to better understand your point of view. I hope to be able to do so tomorrow"
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