Fair settlement demand for auto accident

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PostPosted: Wed Jun 12, 2013 2:18 pm   Post subject:   

I agree with the above stated reply, you need to provide evidence of medical test in order to proof who suffered in the accident.

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PostPosted: Wed Jun 12, 2013 2:54 pm   Post subject:   

Quote:
you've got to show proof of medical verification else it's difficult to prove who suffered in the accident
Actually, it's more important to be aware of the statute of limitations. Since this apparently happened more than two years ago, it could be that no case could be taken to court, and the OP would have to settle for whatever the insurance company chose to pay, which could be $0.



The hysterectomy is probably entirely unrelated to the accident.



Quote:
you need to provide evidence of medical test in order to proof who suffered in the accident.
As for rblack's agreement with patriciasanders . . . that's just an example of the blind following the clueless.


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PostPosted: Fri Aug 09, 2013 2:22 am   Post subject: was a passenger  

Was a passenger in a van, driver fell asleep, I was tossed all over van when we wrecked doing 70mph, flipped and rolled. Van is totaled, I have 11 000 worth of medical bills I had ct scans, 9 x rays, and pt, therapy, contusion that made me not walk for three weeks and its still there after 4 months, healing slowly. What do you feel is fair demand on my first letter to settle. BTW Missed 4 weeks of work at 750 a week Thanks


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PostPosted: Fri Aug 09, 2013 12:49 pm   Post subject:   

This is a negligence claim against the driver/owner of the vehicle. The amount of insurance available might not even cover your actual damages, let alone any damages for "pain and suffering," So you need to answer (or find the answer to) some additional questions.



Do you know what the limit of liability for the driver/owner's bodily injury liability coverage is? For example, CA uses "split limits" as do many other states, and here the minimum requirement is "15/30" -- $15,000 per person, $30,000 per accident. Your medical expenses ($11,000) and lost wages ($3,000) would consume nearly all of the $15,000, leaving just $1,000 available for pain and suffering.



You are almost certainly headed to court on this. You need to consult with a personal injury attorney, who should ask, at a minimum, the following questions. Understand, however, that an attorney will take, at a minimum, 30% to 40% of your settlement or jury award. And your ability to collect any amount beyond what is covered by insurance is limited to what the driver/owner of the vehicle has in cash or other assets which can be liquidated, as well as by the claims of any other persons injured in the same accident.



What portion of your medical expenses, if any, have been paid for by your own health insurance? [You must repay those expenses to your health insurance company from the recovery you obtain.]



Were there other passengers in the vehicle who also suffered injuries? Were any of their injuries worse than yours?



When do you expect your medical treatments to end? [You should not attempt to settle your claim until treatments are concluded, or unless you know what more needs to happen.]



What do you think your damages are worth? [No one here can answer that question for you . . . there is no magic formula to make that determination. Many attorneys simply multiply actual ("special" or "specific") damages by two or three because they know insurance companies will probably agree to that as "general" damages ("pain and suffering", loss of consortium, etc.).]



How much less than what you think your damages are worth would you be willing to accept as payment in full (minus the 30%+ the attorney will take off the top before you see $0.01)?



A personal injury attorney will also look to see if there are any "deep pockets" to tap. is the vehicle manufacturer liable for something? Is the state (or any other party) responsible for anything?



If you use the special damages x 2 (or 3), you're looking at about $50,000 to $75,000, total: $11,000 to your health insurance company, $3,000+ for your lost wage = $14,000. 2 x $14,000 = $28,000 (3 x $14,000 = $42,000). Add the attorney's cut = $13,000 to $18,,000 and you get a total of $52,000 to $74,000. Into your pocket will go the $3,000 + the $28,000 to $42,000. But if you have suffered a permanent disability, it could be "worth" far more than that.



But most people don't do the math that way. Instead they (or their attorney) ask for, and often get, $50,000, pay the attorney $15,000, the health insurance company $11,000, and deposit $14,000 in the bank. Who won that pissing contest? Could you write a coherent (meaning leave out all of the emotional baggage and stick strictly to the facts) demand letter and collect the $31,000 to $45,000 on your own?



Probably. Unfortunately, most people never try. They listen to the junk PI attorneys say in their radio and TV ads that lead them to believe the insurance companies are evil and don't pay claims. For the most part, neither of those two statements is true.



What are you willing to do? Feel up to writing a letter on your own or hiring an attorney and paying him/her $15,000 to write the same letter?



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PostPosted: Fri Aug 09, 2013 8:15 pm   Post subject: thanks...  

25 000 is the coverage, it was a family member so I wont sue of course I am the only one hurt I am guessing I can ask for the difference between the medical bills and what left up to 25 000? is that correct? insurance has been good so far, and yes willing to write letter myself


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PostPosted: Sat Aug 10, 2013 6:54 pm   Post subject:   

Quote:
it was a family member
What do you mean by this? Under certain circumstances, such as when the other party is a spouse or child, the insurance company would pay $0.



You have left out enough important details that trying to answer may be more wrong than right. Post the proper details.


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PostPosted: Sat Aug 10, 2013 10:21 pm   Post subject: accident  

it was my x wife, gave me a ride home after surgery, we don't have same policy, live together nothing. she fell asleep at the wheel and almost killed me, no pain and suffering from her policy?


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PostPosted: Sat Aug 10, 2013 10:39 pm   Post subject:   

So was it a "family member" or an "ex-wife". The two are not usually one in the same.



If an ex-wife, then you are entitled to recovery as long as you do not share the same household. If the policy limit is $25,000 and you don't intend to seek a larger amount, then that's what you make your claim for and hold out for. If you involve an attorney, you will give up $8300+ for something you can handle on your own.



Now, the good news is this: If you press a claim for $25,000 -- the policy limit of liability -- and the insurance company refuses to settle for that amount, then you have a free pass to sue for $$ infinity. Case law in virtually every state will pin the excess judgment on the insurance company when it fails to limit its insured's exposure to a greater loss by "tendering" the policy limits as settlement in full.



The problem you face is your ex-wife. There could be the basis for "collusion" between the two of you to conspire to extort the insurance company for mega-bucks and split the proceeds. That would be a crime, as your ex-wife would have no entitlement to any of that money.



If you need some additional coaching on filing/pursuing a claim, email me.



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PostPosted: Sun Aug 11, 2013 3:41 pm   Post subject:   

Quote:
Case law in virtually every state will pin the excess judgment on the insurance company when it fails to limit its insured's exposure to a greater loss by "tendering" the policy limits as settlement in full.


Actually there are very few states that allow for third party bad faith claims. What usually happens is the insured gets an excess judgement and then the _insured_ sues their own carrier for the difference plus. The insured then uses this money to pay off the 3rd party judgement.



I can't tell you the number of times I've been threatened with this action. Plaintiff counsel loves to use this as a threat for the carrier to pay more.



Quote:
it was a family member so I wont sue of course
If the insurance company does not make an offer you want to accept then you will.



Quote:
can ask for the difference between the medical bills and what left up to 25 000? is that correct?
Yes.... and you'd be crazy not to ask for the policy limits. Just guessing but your claim could easily be worth $17,000 - $20,000 (just a wild guess) and at that amount the carrier might as well just pay the extra $5,000 to avoid an excess verdict... heck, to avoid paying $15,000 - $30,000 more in defense costs.



Personally, I'd just demand the policy limits and stick with that. Do you have Underinsured Motorist coverage?
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PostPosted: Sat Aug 24, 2013 5:18 am   Post subject: car accident  

Its been 13 days since car accident and im still having pain in my left shoulder and left shoulder blade i often have headaches at night and have to prop my arm up to rest st night my nerves are bad since the accident i recieved care st tge etr the day of the accident and was pkace on pain pills and to folliw doctor orders. is ut ojay for me to go to urgent care due ti still beibg in pain ir its toi late and how wld the insurance company settle this matter.


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PostPosted: Sat Aug 24, 2013 5:25 am   Post subject:   

Quote:
is ut ojay for me to go to urgent care




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PostPosted: Sat Aug 24, 2013 5:31 am   Post subject:   

My quote from my post is all i get ill never been in a car accident before just wanted sum advice


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PostPosted: Sat Aug 24, 2013 12:34 pm   Post subject:   

First off, your ability to text a coherent message needs some work. And your texting device needs both a spell check and grammar check "app".



You need to be treated for your "injuries" by an MD, not a chiropractor. Can you go to Urgent Care? Yes, but you really need to be seen by the same physician each time -- and that's unlikely to happen at an Urgent Care center. In fact, you might NEVER see a physician at some Urgent Care centers, only a Physician's Assistant (PA) or Nurse Practitioner, neither of whom would be your best witnesses in a civil trial. Your shoulder and shoulder blade pain may be due to a pinched nerve in your neck. If the MD recommends chiropractic care, THEN you can be treated by the DC.



Quote:
how wld the insurance company settle this matter.
They will write a check. But, first, you need to file a claim with the at-fault party's insurance company -- my guess is you haven't even done that yet. You should have done that 13 days ago. Failure to timely file a claim can make your case look suspiciously like insurance fraud.



You won't be paid anything for your "pain and suffering" until you are no longer being treated for your symptoms, but they could agree to pay your medical expenses in the meantime. You cannot wait forever for your symptoms to be cured, however, because there is a "statute of limitations" which defines the maximum amount of time from the date of your accident that may pass before a lawsuit is filed. It varies from state to state, and could be as little as 12 months.



You don't need an attorney today. But if you don't believe you can negotiate with an insurance company on your own, then you could agree to give up 30% or more of your claim to an attorney and see how badly you feel after he/she takes that big chunk out of your settlement, perhaps even pocketing more money that you do after other costs are paid. You could obtain more money on your own than what you'll be left with if you hire an attorney, even if the settlement amount is lower than what an attorney might get on your behalf.


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PostPosted: Sat Aug 24, 2013 1:55 pm   Post subject:   

Quote:
you need to file a claim with the at-fault party's insurance company




Is the OP at fault? Is the other person at fault but the OP lives in a PIP state where a certain threshold needs to be met before the other party is responsible for the OP's medical bills? Is the OP referring to health insurance? Heck... even what country are we talking about? To be honest, from the typing I'm not even sure it's Earth.
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PostPosted: Sat Aug 24, 2013 4:33 pm   Post subject:   

Quote:
Is the OP at fault?
I made the assumption that she is not. I could be wrong. There's not much substance to go on, so I had to make certain assumptions that would be of interest to others.



But I do know about "pain in the shoulder blade" being related to a nerve in the neck. I'm having an issue with that -- completely unrelated to anything . . . just a narrowing of the space between the vertebrae at C-4/C-5. In my case it's causing numbness and other muscle problems in my left hand. Been dealing with it for about a year now, and may need surgery to correct the problem.



I'm gonna wait until Obamacare kicks in on Jan 1, 2014, 'cause he (the Prez) told us that it would all be free, right?


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