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: Tue Jan 15, 2013 03:50 am Post Subject:
You are doing the right thing at this point. The attorney consult was OK, no harm in that, and I'm sure it was free. The TV advertising attorneys may be OK, but they have to pay for that spot to air, right? So they may not really work all that hard to get a settlement . . . all they need to do is get a "reasonable" offer -- even if it seems low -- in order to fulfill their contractual obligation and collect their 30% to 40% contingency fee.
At this point, with your medical treatment not yet complete, what you want to do is put the at-fault party's insurance company on notice that you will be filing a final claim at the time treatment ends. Present them with a preliminary demand . . . account for all your "Special Damages" (the ones with actual $$ attached to them) gather together all your bills, if you have any, make an accounting of all lost time from work and the value of that, and then double or triple all of that as the "pain and suffering" (AKA "General Damages").
As for the military hospital charges, while you cannot actually make a claim for charges that you did not pay, you can nevertheless make an accounting of them and use that value as the basis for your General Damages claim. The US Government, however, has the right to go after the at-fault party for its expenditures on your family's behalf, and they probably will.
The government could, however, come after any settlement you receive from the insurance company instead, under the concept of subrogation. Your husband's military health care benefit is not intended to pay for 3rd party claims like this.
Knowing this, you could go to the hospital administration and discuss a prenegotiated settlement amount that they would be willing to accept. They will give you an accounting of the services provided so you can then attach it to your demand letter acknowledging that that amount will be turned over to the government. That should get the insurance company's attention.
The only problem you might encounter is finding out what the offender's policy limits are, which can interfere with your ability to obtain a maximum settlement. But don't worry about that yet.
Posted: Wed Jan 16, 2013 03:34 am Post Subject:
FYI, if your state permits the recovery of punitive damages, then those damages might not necessarily be subject to the offender’s liability insurance policy limits. Generally, punitive damages are levied against the offender with the aim of financially punishing them. In most states, public policy considerations prohibit an insurance carrier from paying punitive damages as it defeats the aim of punishment (i.e. if the offender can simply transfer those damages to his insurance carrier, he never feels the sting of the punishment). Note, a minority of states do indeed permit coverage for punitive damages. In those circumstances the punitive damages might very well be subject to a liability insurance limits issue. Prior to resolving this claim without the assistance of counsel, I would first determine the likelihood of recovering punitive damages and whether or not those damages are subject to liability limits. I realize that it seems cheaper to not hire an attorney, however, there are some serious considerations that an attorney can help provide counsel for (e.g., have you adequately protected all valid lienholders, have you settled for the right amount, have you contractually bound yourself to any menacing release language).Moreover, attorneys typically do not jump at the first settlement offer, instead they leverage their experience, knowledge, and powers of persuasion to maximize the return for their client.
Posted: Wed Jan 16, 2013 06:26 pm Post Subject:
I realize that it seems cheaper to not hire an attorney,
My reluctance to advise folks to seek legal counsel has less to do with the cost than it does trying to resolve the matter amicably with the insurance company.
attorneys typically do not jump at the first settlement offer, instead they leverage their experience, knowledge, and powers of persuasion to maximize the return for their client.
I have no doubt this is an accurate statement. Still, if the attorney is unlikely to obtain a settlement greater than what a person would obtain by negotiating on their own, enlisting the aid of the attorney will diminish what the claimant would have had through their own effort.
I also realize many folks fear negotiating with an insurance company, and would be very uncomfortable doing so. The price of paying someone else to do that negotiating is the contingency fee of an attorney, which can be as much as 50% in some law offices (an amount I find to be completely egregious and beyond the boundaries of legal ethics -- especially when it is assessed against claims valued or settled in the less than $20,000 range)..
My customary recommendation is to attempt to resolve the claim on your own until things come to an impasse. If a claim has not been fully dealt with within one year, then it may well be time to enlist the assistance of legal counsel -- being mindful that a few states still have a one year statute of limitations that must not be violated.
Obviously, the complexity of each situation is different, and when death or permanent disability or disfigurment is involved, an attorney will almost certainly be needed to properly preserve the rights of the injured or the heirs of a decedent.
My greatest concern, however, is for folks who succumb to the incessant advertising by PI and other attorneys on TV and radio which lead folks to believe that they can never obtain a proper settlement from an insurance company without an attorney. Many of these ads are blatantly misleading, causing folks to believe they can obtain hundreds of thousands of dollars or more for the smallest of injuries. The fact is, the overwhelming majority of personal injury and property damage claims are handled properly, quickly, and fairly compensate insureds and claimants.
If that weren't so, we would see lines outside every court clerk's office a mile long with folks waiting to file civil suits.
Posted: Wed Feb 06, 2013 01:27 am Post Subject: my accident claim
i was injured badly on a pre exsisting medical condition in an accident i used illegal drugs one time months after admitted it theres no proof even have clean u.a.s now my attorney is saying that its going to harm my case. Is that true?
Posted: Wed Feb 06, 2013 02:06 pm Post Subject:
. Is that true?
It could. If a jury does not like you it could influence your claim.Add your comment