by Guest » Thu Dec 02, 2010 07:02 pm
:?
Facts
10/09 Head-on collision - other driver at fault
Both vehicles totaled
Recd payment for my vehicle - $24k
$23k in medical bills
My Injuries - broken right wrist, arm, bruised sternum, soft tissues injuries to neck and shoulder. Right handed
Personal Injury claim filed and I obtained an attorney
My info
46yr married diabetic no pre-existing conditions or fractures
5/10 my attorney submitted medical records and demand package
7/10 at fault insurance adjuster requested all medical records for last 5 years.
8/10 my attorney submitted signed release forms to at fault ins adjuster.
9/10 my attorney checked on status, at fault ins adjuster stating they were still missing some records 1 - from my OB/GYN and 1 - from my optometrist.
When I called the drs listed above I was told they never sent payment for the medical records so they just waiting for payment from the at fault ins adjuster.
Is this normal I can't help but get frustrated and feel they are trying to just drag this out. I have been patient and ran around getting medicals records from doctors that have nothing to do with the injuries I suffered from the car accident ie., eye doctor come on . What else should I expect from the at fault ins adjuster
Facts
10/09 Head-on collision - other driver at fault
Both vehicles totaled
Recd payment for my vehicle - $24k
$23k in medical bills
My Injuries - broken right wrist, arm, bruised sternum, soft tissues injuries to neck and shoulder. Right handed
Personal Injury claim filed and I obtained an attorney
My info
46yr married diabetic no pre-existing conditions or fractures
5/10 my attorney submitted medical records and demand package
7/10 at fault insurance adjuster requested all medical records for last 5 years.
8/10 my attorney submitted signed release forms to at fault ins adjuster.
9/10 my attorney checked on status, at fault ins adjuster stating they were still missing some records 1 - from my OB/GYN and 1 - from my optometrist.
When I called the drs listed above I was told they never sent payment for the medical records so they just waiting for payment from the at fault ins adjuster.
Is this normal I can't help but get frustrated and feel they are trying to just drag this out. I have been patient and ran around getting medicals records from doctors that have nothing to do with the injuries I suffered from the car accident ie., eye doctor come on . What else should I expect from the at fault ins adjuster
Posted: Mon Feb 21, 2011 04:56 pm Post Subject:
I wished I had my lawyer has done nothing but say "you are the boss" my dominant hand wrist was fractured as well however I did not have any type of surgery. My medical bills were $26 my offer was $11, 500 exclusive of PIP. My lawyer doesnt even know the at fault policy limits and made a counteroffer of $52,500. If I had to do it all over I again I would avoid attorneys as much as possible and settle on your own. I settled my own property damage but I had to fight tooth and nail and came out ahead $2300. Good luck with you claim
Posted: Mon Feb 21, 2011 05:27 pm Post Subject:
I was told previously that p&I was calculated separately.
I don't know what "p&i" is... but don't know that it would matter.Policy limits are policy limits... its all the insurance company can pay. Do you have Under Insured Motorist Bodily Injury coverage? If so, this takes over for lower limits.
Your other choice is to hire (pay) an attorney and pursue the other person in court. What this means is that you cannot take the insurance money up front.... you need to wait until the trial is over (a few months). The other person's insurance company would provide their insurance a defense. But depending on state laws, a judgment may not get you any more money... at least not right away. Does the other person have any assets? Also, your attorney would still take 40% of the insurance company money up front. What would this leave you with?
If any medical bills are unpaid you can negotiate a smaller payment then what is being billed.
Posted: Thu May 12, 2011 04:22 am Post Subject:
Update..
I have had an EMG done on my right wrist and confirmed carpal tunnel syndrome. The neurologist clearly indicated his report that he believe the abnormal results were due to the car accident and the "others abnormal results" because of uncontrolled diabetes.
I was referred to a hand specialist who says surgery may be needed but agreed to do cortisone injection first since I am afraid of having the surgery.
Prior to discovering the carpal tunnel syndrome, my Attorney sent out yet another letter (3rd request) for an explaination by the adjuster on the basis of such a low settlement offer of $11,500 (exclusive of PIP) when my medical bills were in excess of $26k.
We have heard nothing from AAA Insurance adjuster since 12/2010. Well I have had enough and going to tell my attorney to file suit since all he is telling me is "that I am the boss"..
I do not regret getting an attorney because I know with me being a diabetic with uncontrolled diabetes control they would try and do exactly what they are doing now..and that is blame everything on the diabetes and the neuropathy.
Posted: Thu May 12, 2011 06:19 am Post Subject:
We have heard nothing from AAA Insurance adjuster since 12/2010.
unfortunately, because you are represented by an attorney, the state's Dept of Insurance cannot intervene in your situation. However, you should immediately file a complaint against the insurance company for failure to comply with the state's Fair Claims Settlement Practices Act.
The insurance company is supposed to communicate with you no less often than once every 30 days to advise you of the status of your claim. For more than 5 months to pass without such communication is a clear violation, and it needs to be reported.
It doesn't sound like your attorney is very excited about your case. Probably because he stands to make such little money on it.
Posted: Thu May 12, 2011 01:38 pm Post Subject:
I wonder about that. I asked him if he has called the adjuster (female) and his reply was that she was very difficult to deal with and that he has corresponded to her via mail only.
I am going to meet with him next week if I have a list of questions (thanks to this website) and possibly release him from his services. If he feels my case is weak I am hoping he will just let it go since he is a friend.
The deadline to file is in October so I am not waiting any longer since obviously the adjuster is not taking his letters seriously.
Thank you.
Posted: Thu May 12, 2011 04:46 pm Post Subject:
Sometimes Fair Claims guidelines don't require 30 day updates to third parties but they seldom require any if the person has an attorney. The DOI can still do their job even if the person has an attorney.
OP, is the attorney saying he is the boss or you are? If your attorney is getting no response and does not have the balls to file suit then run as fast as you can away from him. If that is the case then he's an attorney just looking to make a quick 33% off any settlement and move to the next case. There are some attorneys that never file suit and go to court as they either don't want the expense or they are not trial lawyers. You probably need to find an attorney willing to do their job... like they advertize on TV.
Posted: Thu May 12, 2011 05:23 pm Post Subject:
Tcope and Max i think you two are right. HE is laid back and says "that I am the boss". I was hoping that he would be more aggressive but he isnt. I called today and spoke with his secretary just confirm that they have not heard any news from the adjuster since 12/2010 she stated that is correct. I didn't want to get an ambulance chaser for an attorney I just wanted someone agressive but honest.
I have an appointment with him tomorrow and have a list of questions to ask him.
I know most would have dealt with the insurance company on their own but in my case I thought it would be best to get an attorney since I was
1. Already on disability from my employer and receiving SSDI benefits and
2. A 47 yr old woman with complications of diabetes that may be used in determining the amount of settlement
I only want what is fair for pain and suffering, the cost of my medical bills and the loss of my vehicle because of this accident.
He stresses that WEstern KEntucky jurors are not "generous" and states he has seen cases where the juror did not award monies for pain and suffering just the cost of medical bills.
You guys may be right and he just doesnt want to spend the time or energy on my case. He states that an offer of $30k if given I should "strongly consider in accepting".
I do not agree with that he can't get me past $11, 500??
Posted: Fri Jun 22, 2012 01:35 am Post Subject: carpal tunnel injuries/auto accident
I have severe carpal tunnel in both hands fron auto accident (no fault of my own). My med pay won't pay for my much needed surgery because my Dr won't give them a stmt stating that this is accident related even though he has noted this in my chart several times.
Posted: Fri Jun 22, 2012 02:39 am Post Subject:
TP, whether you are pursuing a claim for medical expense benefits through your own insurance carrier or you are seeking to recover directly from the at fault party, the nature of your injury (i.e. carpal tunnel syndrome) will likely require a medical proof to establish the fact that your injury is accident related rather than work related. If your doctor is unwilling to authenticate that fact, perhaps you should get a second opinion. Please note, in many jurisdictions you can recover from the at fault party (or from your own carrier) even if your condition was a pre-existing at the time of the loss, provided that it was somehow exasperated by a vehicle collision.
Posted: Mon Jul 23, 2012 04:16 pm Post Subject: car wreck
I was in a cat wreck a women hit me in the rear. Her insurance company gave me $3,000 for my truck totaled. The lawyers had to sue her personally for $25,000. I went to their doctors for 2 years and my neck and back were and are still hurt. After paying their doctors and attorneys fees all I received was $7,500. I signed papers and got the money but think they are no good. Is there anything I can do now?
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