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: Sun Jan 09, 2011 04:37 pm Post Subject:
okay so if I understand what you are saying, I reject the offer we file suit and no matter if the claimant passes away if I win and awarded money the insurance company pays the claim regardless if the claimant is living or deceased?
Thanks
Posted: Mon Jan 10, 2011 03:06 am Post Subject:
Yes . . . only if this was a tort not covered by insurance at the time might you be in trouble. Things like libel or slander are sometimes not covered by insurance, and defamation lawsuits will be dismissed if the plaintiff dies during the course of the trial.
But even small claims cases will be permitted to proceed against the estate of a deceased sole proprietor who owed someone money (or some sort of performance, such as repairing an automobile) at the time of their death.
There are 3 states (that I know of) that allow direction action against the insurance company. LA is one, for example (go figure).
Not arguing the point, tcope . . . but are you talking about first or third party claims? All states permit first-party actions against insurance companies, because those generally involve breach of contract.
But I cannot find anything in Louisiana tort law (or the tort laws of any other state) that permits a third-party action directly against the insurance company and not the negligent insured. If that were true, one could (theoretically) sue any insurance company for one's damages--and that makes no sense.
Can you point me in the direction of the LA statute that allows this? And what are the two other states you refer to (and can you also provide the statutes)?
The only way I know of to sue an insurance company is through a "private attorney general action" for a violation of the insurance code or similar body of law, and not all states allow such civil actions. Again, this is not a suit seeking compensation only for one's personal injury damages, it is for a different cause of action such as the "insurance bad faith" lawsuits when claims are lowballed. (The actual damages are not the liability of the insurance company, insurance companies pay those claims because they have a liability to/on behalf of the insured with whom they have a contract).
Posted: Mon Jan 10, 2011 04:11 am Post Subject:
but are you talking about first or third party claims?
3rd party claims.http://accident-law.freeadvice.com/auto/louisiana-auto-accident-law.htm
http://www.lawfirms.com/resources/personal-injury/auto-accident/auto-accident-law-louisiana
http://www.settlementboard.com/most-dangerous-highways-for-car-accidents-in-louisiana/
I think WI is another one of the three.
Posted: Mon Jan 10, 2011 04:44 pm Post Subject:
Okay so since my accident happened in 10/09
and we have been dealing with the insurance company already what is the dead line to file suit.
My attorney may not be on board with this and I am not going to even consider a settlement of $11,500 so if he does not want to take it to court and we part ways because of this do I still have to pay him if I seek representation else where? Thanks
Posted: Sun Jan 23, 2011 09:15 pm Post Subject: car accident
A woman ran a red light going 45 mph and t-boned my son - he was the driver. she was sighted. the car, registered in my name was a total loss. my son met with an attorney on Wed. they said they would handle the property settlement at no charge. on Friday, her adjuster called to say if I did not take the settlement offer of $7000, I would be responsible for storage and towing to move the car. there are 3 claims - property damage, my son, my grandson, who was in the car.
should we try to settle this ourselves. attorney has put in very little work so if we are going to try to handle this ourselves, the time is now. attorney has mailed 3 letters to release medical records, 1 letter to adjuster, at 5:30 on Friday, an assistant called adjuster to get $6500 offer to $7000. He called me back with in 5 minutes with the offer. he was out of town. No one went to view the car from the attorneys office. I am supposed to meet him tomorrow at the towing sight.
should I accept the property damage claim now? car was 05 Mazda Tribute, well maintained, but around 150,000 miles - quite honestly, it saved my son's life. my son is going to have a lot of medical bills which will go on for a while. I was told by adjuster that his injuries, in the state of NC, are covered for 3 years
Posted: Mon Jan 24, 2011 01:17 am Post Subject: auto wreck
i have learned alot from this site.. this june it will be 3 years for my wreck..a 20 yr old kid ran a stop sign broad sided me snapped my right ankle have plates snapped my left femer rod from knee to jip an into hip, snapped my left fore arm plates there also, anfractured both wrist, an also severd my tendins in right knee. an my 2 year old son was in back seat THANK GOD FOR CAR SEATS... he came out just a couple scatches an brusies.. both of my surgens said i was in for a long road probaly unable to work any more ie was a mechanic for 15 years an construction worker.. cant do that anymore.. just before my 2 year dead line was up my attorney got another sttorney an filed a lawsuit. for sept of 2011.. just after 3 yrs after wreck.. lost my health insurance need more surgerys wrist fusion an ankle fusion witch trying to hold out as long as i can on those... my att is saying that my medical excedes his payout.. an they pain an suffering $ amount??? i will be dealing with this the rest of my life was 36 when wreck happen never had broken bone in my life... what $ amount would that be??? my att is sueing him an my isn company????
Posted: Mon Jan 24, 2011 02:00 am Post Subject:
my att is saying that my medical excedes his payout
I'm guessing you mean exceeds his limits.what $ amount would that be?
I'm guessing from your prior statement, whatever his policy limits are. Simply ask your attorney what amount that is.my att is sueing him an my isn company?
I'm guessing that you have UIMBI (Under Insured Motorist Bodily Injury).Also, see my sig.
Posted: Mon Feb 07, 2011 08:07 am Post Subject:
Update..last offer on my bodily injury claim was $11,500 exclusiveof pip. My total medical bills were $26k needless to say I rejected their second offer. I havent heard any other offers since...
My propery damage was claim was settled with the at fault driver insurance (AAA) paying $24k for my vehicle.
My accident happened on 10/6/09 so I believe the deadline to file suit is coming up quickly. Still have not recieved the at fault policy limits...
My guess is they are playing the "waiting game" any input or suggestions would be greatly appreciated...
Posted: Mon Feb 07, 2011 08:18 am Post Subject:
Update ....since Jan 2011 no other offers have been made. Last offer was $11,500 with me having $26k in medical bills Any input??
Posted: Sat Feb 19, 2011 05:24 pm Post Subject: compensation - medical vs pain & suffering
Rear ended by a car that was hit by a distracted driver 12-24-09. She never hit her brakes & highway traffic was stopped. Had wrist surgery, pt for continuing back pain & post surgery for wrist. Total medical expenses to date $44,000. Offering me limit of medical policy,$50,000. Am still going to see a chiropractor for neck & back. Both of. Us are covered by the same insurance co. I was told pain & suffering settlement came out of the medical coverage total, which would give me $6K for a permanently damaged wrist on my dominant side. I was told previously that p&I was calculated separately. Can u verify? They want to send me papers & final check, but this is a joke. Recourse? Would rather like to avoid lawyers...
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