Nightmare Mediation from Rear End Car Accident

Submitted by gagirl on Sat, 02/01/2014 - 02:20

Well today I can honestly say I have been through a nightmare that would surpass hard labor childbirth. I was rear ended as I was exiting off the interstate coming home from work on June 27, 2011. This day changed my life forever. It has been 2 1/2 years since that day and I have over $35,000 in medical bills treating my soft tissue injuries. At the time of the accident, I was having some immune system disorder problems that I had been dealing with and seeking treatment for and was put on an immunosuppressive drug to try to help with the symptoms I was having. After physical therapy, chiropractic, 3 cervical spinal epidurals, I was still in chronic pain. My immune system problem was finally diagnosed as rheumatoid arthritis that had already started attacking my internal organs and caused abcesses resulting in two emergency abdominal surgeries just three months after the car accident. So here I am today, 1/31/14 and I am waiting on a referral to a surgeon who will operate on me to attempt to correct my neck injuries sustained in the car accident without being off of my immunosuppressive drug for a long period. The mediation today to try to settle my case was just unbelievable. The lady who hit me had an insurance policy with a $50,000 limit. In negotiations, my attorney was unsuccessful with demand letters for the $50,000. Today I was offered $22,000, then, $26,000, then, $30,000. I did not accept and could not believe that after 2 1/2 years of pain and suffering, my credit completely ruined from all the medical bills that I would be put in a position of feeling like I was in a boxing match and getting pounded. None of this was my fault, the lady who hit me was ticketed and has paid her fine and now her insurance company is fighting me in the most outrageous way. Is it normal for insurance companies to do this to accident victims with injuries? I am totally in shock and disbelief as to what I have been through and it is not over yet. It seems like it would be very cut and dry. She hit me. I have documented injuries that still have not been corrected and not sure if they ever will be. She was clearly at fault, but yet I am having to fight and get beat down by her big insurance company because they think they can wear me down. There should be a law against this type of unethical behavior by her insurance company. Accident in GA. Any suggestions?

Posted: 01 Feb 2014 06:05 Post Subject:

Most likely there is much more to the story. Most likely you have pre-existing conditions and it appears that these are what you were treating for. That is, I'm guessing the insurance company feels that much of your treatment is not related to the accident.

You can also be assured that the insurance company has probably paid around $30,000 to defend this claim. So it's not just a question of wearing you down.

Suggestions? You have an attorney. Discuss this with the attorney (that will be collecting 40% plus expenses off the top of the settlement.

Posted: 11 Feb 2014 10:05 Post Subject:

Tcpoe is right sounds as if most of what is trying to be claimed injury wise the insurance carrier thinks that it is a pre-existing and unrelated to the loss with out having actually viewing your treatment records and having a IME of the records there is no way to really say if all injuries are related to the loss

Posted: 17 Feb 2014 02:39 Post Subject:

tcope it appears that most likely you are an idiot and do not know what you are talking about. Never had a neck injury until I was rear-ended by the ticketed driver. It should not matter that I had an illness. It may be a tactic used by insurance companies to get out of paying for an accident. I am sure if this happened to your family member, you would feel differently.

Posted: 17 Feb 2014 05:36 Post Subject:

As I said... you have an attorney you are paying 40% to plus expenses. You should be speaking to that person.

At this point the money is almost pointless. $50,000 minus 40% and expenses is probably going to leave you with $25,000. Your attorney will get the medical bills reduced but I'm guessing you still might only see $5,000 or so. This is if they pay the policy limits.

There are always two sides to every story. We've only heard yours. I've been around the block enough times to know an insurance company is not going to spent $30,000 and risk being sued again by their own insurance just to maybe save $20,000. This is why I suspect they have what they feel is a good reason in not paying $50,000. I'm sure your attorney has told of this reason and I'm sure it was mentioned in medication. What is this reason?

I'm not trying to make you upset... I'm just pointing out, what appears to be, the hard reality of this situation.

Posted: 18 Feb 2014 01:55 Post Subject:

okay smartypants....we did get a settlement for $47,000. I don't know what your problem is, but from looking at this site it is for people to share insurance stories and get advice and information. You have not offered anything but a cocky attitude that I have had enough of. Get off of this site if you don't have anything constructive to say or something that would help someone. And for the record, I have been in constant contact with MY attorney. Mutual respect, appreciation and co-operation are expected from the community members.

Posted: 18 Feb 2014 02:58 Post Subject:

You have not offered anything but a cocky attitude that I have had enough of. Get off of this site if you don't have anything constructive to say or something that would help someone.


LOL. Glad to know I'm not the only one who gets accused of stuff like this.

And for the record, I have been in constant contact with MY attorney.

So why even bother to bring your matter here?

After all has been said and done, how much of your $47,000 settlement will you actually be able to take to the bank? Probably very close to tcope's assessment, I would think.

No one here was trying to berate you in any way. When you ask a question as you did, and an experienced professional responds as tcope did, based on his experience, your situation may not be exactly the same. But, why would the insurance company drag things out unless it doubted the veracity of your claim?

Having been convinced that their interpretation was incorrect, the insurance company settled with you. Could you have done this without an attorney. Probably. Just takes effort. How much effort did your attorney put into this? $20,000 worth? Probably not.

Posted: 18 Feb 2014 03:04 Post Subject:

And again,



Mutual respect, appreciation and co-operation are expected from the community members.

Too bad the so called "experts" can't follow the rules.....This is not a site for Smart A---s, or apparently it is. Sorry, you guys just continue to berate people. Your lives must be pathetic. Done.

Posted: 18 Feb 2014 03:21 Post Subject:

I simply offer you information you don't like and you respond as follows:

tcope it appears that most likely you are an idiot and do not know what you are talking about.

Mutual respect, appreciation and co-operation are expected from the community members.

Too bad the so called "experts" can't follow the rules.....This is not a site for Smart A---s, or apparently it is. Sorry, you guys just continue to berate people. Your lives must be pathetic.


I think someone needs to take a serious look at their own advice. Trust me... there is only one person here berating others.

Posted: 18 Feb 2014 03:54 Post Subject:

Again.... you have to have the last word and be nasty. Shame on you TCOPE.... Copy and paste ...lol..TRUST YOU???? I think not....if you are seriously on here to help people, you would not be SO RUDE....you must need the money. Hope this helps you!

Posted: 18 Feb 2014 04:11 Post Subject:

As I teach my insurance students, women live longer than men because they just have to get in the last word.

Posted: 18 Feb 2014 01:29 Post Subject:

Teacher? More like Bully. Be kind. Sarcasm not wanted from you or tcope.

Posted: 18 Feb 2014 06:20 Post Subject:

How does a person grow up to be so obnoxious?

Posted: 18 Feb 2014 08:06 Post Subject:

MaxHerr I would advise you to quit while your ahead. You are doing nothing to help anyone. Like I said, be KIND. Help Others and treat them as you would want to be treated. You never know when something bad could happen to you like a car accident that completely changes your way of life or a life threatening illness. Be a blessing to someone today and Smile instead of exchanging nasty messages while hiding behind a computer. Have a Fabulous Day!

Posted: 19 Feb 2014 12:56 Post Subject:

Like I said, be KIND. Help Others and treat them as you would want to be treated.


So are you saying you should not call people idiots and pathetic.... or are you the only exception to your rule?

Posted: 23 Feb 2014 07:58 Post Subject:

What, I'm gone for a couple years and find that people are still beating up people for supplying information, just because they don't like the information.

gagirl,

If you read tcope's first post, he is only supplying you insight as to why the insurance company is not paying you want you want. Tcope and others supply people information on this site to attempt to provide insight and help. I understand that this was your accident and is the reason that it is personal. To tcope, it is just another claim. Information can be blunt, but is usually spot on.

As for the shot to your attorney, I am assuming it is because most only are in it for the money and could care less for their clients. That added with the fact that many of these claims could be settled without an attorney where the claimant could end up with more money in their pocket in the end.

Finally, I gald to see your claim settled.

Posted: 23 Feb 2014 07:06 Post Subject:

while hiding behind a computer

I have nothing to hide -- which is why I put my CA insurance license number in plain view for all to see. I won't bore you with the details of the numerous persons who have asked for my advice in handling their auto collision/injury claims and have been quite successful in resolving their claims WITHOUT an attorney, putting an extra 30% to 40% into their own bank account, and not that of an attorney.

The problem that some folks have, like Dasfuk points out, is that because their situations are personal, they want a shoulder to cry on. We can empathize with such feelings, but this is not a pity-party website. We post, for the most part, objective responses based on limited information and prior experience in a much broader context than just one person's accident.

When people don't get the answer they were hoping to receive, they frequently become agitated, as gagirl apparently was, and refuse to listen or accept the information provided. There are a number of such threads on this website.

Posted: 26 Feb 2014 08:30 Post Subject:

I think it is funny people come on here and ask our opinions and when they don't like them they get all upset and mad because it is not the answer they wanted.

Posted: 19 Mar 2014 09:41 Post Subject: Ex Insurance Agency Owner

It seems a lot of people have two dreams in life, win the lottery or win a law suit. A thousand times I have seen some one sue and the auto insurance cover medical bills and car damage of which the lawyer gets a third and the claimant is out a third.

Posted: 19 Mar 2014 09:43 Post Subject: Claims

Remember if the lawyer just writes a letter to the insurance company your going to pay a third of the claim to the lawyer.

Posted: 28 Mar 2014 05:00 Post Subject:

Like fear of income taxes, people believe that insurance companies never pay claims or never pay the correct amounts.

This is simply a matter of lack of knowledge and understanding of the process. Most insurance companies do a very good job or handling claims, but because people are involved on both ends, there can be occasions when two or more people do not see eye to eye. Communication becomes argument, and sometimes nothing gets resolved.

Insurance claimants are often too emotionally connected to the loss to be able to view the situation objectively. The insurance companies do not deal well with emotional outbursts because they have a contract to honor, and many insurance contracts have little in the way of emotional comfort to provide. Instead, it's all "matter of fact" and subject to definitions and exclusions.

Sadly, most folks, including insurance agents, fail to read and understand the contracts they own (or sell), and have no idea, for example, that the insurance company might consider exposure to carbon monoxide to be excluded from coverage in a homeowners policy under the definition of "pollutants". I might think that's absurd, but if it's in the contract, I must either accept it or go looking for another contract that doesn't have that kind of an exclusion.

When it comes to getting a lawyer involved in an insurance claim situation, that time should come when all communication between the insurance company and the claimant breaks down. As long as the two parties are talking reasonably to each other, lawyers should not be involved. Just be mindful that there is also a statute of limitations that must be respected, and that determines the maximum amount of time one has to file a legal action against another party or their insurance company, depending on the circumstances. The statute of limitations for breach of contract might be longer or shorter than the statute of limitations for torts.

Posted: 28 Mar 2014 09:23 Post Subject: Reply

Its always nice to have such discussion boards where you can share and get information about the issues your facing.

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