What do you think about this?

by Guest » Fri Aug 28, 2009 11:48 pm
Guest

My wife was the victim of a hit and run driver recently. The perpetrator was eventually talked into turning himself in by his mother and sister days later. It really didn't matter though as his license plate was recorded leaving the scene. It was just a matter of time. When the police arrived he said he was on parole and just freaked out and left. He said that he had insurance and gave his insurers name. I would receive this insurers name 5 days later. In the mean time I had uninsured motorist on my insurance (I suggest everyone have it...read on to see why), so I filed the Monday following the accident on my insurance thinking the only reasons to leave the scene of an accident were threefold:

1. DWI/DUI
2. Holding drugs or other contraband (guns,etc.)
3. NO INSURANCE

I am sure there are more reasons, but these satisfied my logic enough that I commenced proceedings. My insurance company came to my house, took one look at my car and said it was totaled. When I received a copy of the police report five days later his insurance company was named. I took a copy of the report to my insurance company and of course they turned the claim over to HIS insurance company to rectify. Days later I receive a call that he indeed had NO insurance after all from HIS insurance company. Now MY insurance company has the ball in play again and is seeking to solve my problems. My company DID give me rental car which I appreciate. The offer on my totaled car was acceptable to me, but the problem is that my wife was injured. I know the insurance company will want to settle on that too, but considering the neck and back pain she is experiencing I wonder what would be the best way to approach this situation. She had two MRI's which showed degeneration of the discs in her back (not related), but I wonder what that plus the impact might mean for her in the future. I really want to go after the guy that hit her as he DID attempt to get away with it, and my insurance company is NOT at fault and they are doing their part to make things right. I have been hit with LOADS of letters from attorneys wanting this case, but after getting some details about the perpetrator I don't know if it is worth pursuing. I might get judgment against him, but little else. What should I do? This guy is facing felony charges. Even though I feel a bit better that he MAY be off the road and can't hurt anyone else, I still want to make him pay for hurting my wife.
I guess those feeling are normal when you care about someone, but I am concerned that she may have future problems. I guess it is just a gamble. I just want to say that if you CAN get uninsured and under-insured motorist on your insurance--DO IT! You might be faced with a similar situation!

Any advice?

Total Comments: 9

Posted: Mon Sep 07, 2009 01:06 pm Post Subject:

I might get judgment against him, but little else. What should I do?

First of all if you have UMBI, (most states require this) Your carrier will handle your wifes injury claim under this coverage, then THEY will pursue repayment for this as well as the damage/total loss payments (including your deductible) from this jerk. Although, you and I both know that given his situation, chances of him repaying your carrier are slim to none.

I still want to make him pay for hurting my wife.

Of course you do! That's a husband/protectors job! (if you're a good husband, and I'm sure you are)...However in this instance, I think your energy is best used in helping your wife recover. Let your carrier handle all of this mess...Let them then go to him for repayment. You might ask your carrier their plans, maybe they should put the prosecuting attorney on notice, so he/she can ask that this repayment be a condition of his (eventual) probation...

I just want to say that if you CAN get uninsured and under-insured motorist on your insurance--DO IT! You might be faced with a similar situation!

The majority of the states require UMBI coverage. However, this doesn't cover a vehicles damages, nor does it cover Underinsured drivers...Yours is a good point, and I'm sorry you are in this situation, but appreciate your attempt to help others from your bad situation.

Any advice?

Let your carrier handle this...re: attorenys, I personally would NEVER hire an attorney that was chasing my ambulance (ie letters)...I further would NEVER give up a third (or more) of MY money unless and until I had attempted to settle the claim my self.

Posted: Mon Sep 07, 2009 06:57 pm Post Subject:

Hello UpsetaboutHitandRun

Sorry to hear about this situation. What an ordeal. Thankfully you had uninsured motorist coverage!

I have been hit with LOADS of letters from attorneys wanting this case, but after getting some details about the perpetrator I don't know if it is worth pursuing. I might get judgment against him, but little else. What should I do?



I agree with Lori about several of things. Your insurer will (should) take care of your wife as well. You should have cover for that. And "ambulance chasers" may not be your best bet. That said, if they offer a free consultation it might be worth going and asking a lot of questions.

I believe that here in Canada insurers "reserve" for higher claim payments when a lawyer is involved. Enough to make up a third of your settlement? I don't know! But keep it in mind and consider a lawyers advice.

Even though I feel a bit better that he MAY be off the road and can't hurt anyone else, I still want to make him pay for hurting my wife.


I agree with Lori, make your wife your number one priority. But sure, if you can stick it to this guy, do it!

Thank you for sharing your story

Posted: Tue Sep 08, 2009 01:17 am Post Subject: accident

WOW!! Have to say I'm really sorry to hear what happened. I know you just want to ring this guys neck!! But,..LORI ( and the others) are right. It's kind of 'after the fact' and I wouldn't put all of your energy toward this guy (which, YOU even state, you probably wouldn't get anything, anyway..). Your wife needs you more than ever now. Let YOUR Insurance Company do their job..that's why they are there. I hope your wife is doing ok. I always say, "what goes around, comes around",..ya know?

Posted: Tue Sep 08, 2009 01:41 am Post Subject: Update on the accident!

First I would like to thank you for your input. It was much appreciated and you are right about concentrating on my wife. She is my number one priority and I feel that she is getting better each day. She is trying to stay upbeat and I will as well. In the meantime I have purchased her a new car and she is very happy about that! :D

We DID talk to one lawyer (free consultation) that I was impressed with, and he listened to the issues and details I had and told me himself that I didn't need a lawyer. My insurance carrier would handle everything. I DO think it unfair however that my insurance company may have no recourse towards getting their money back. I guess that is what the premiums are for though. I am going to change gears below and ask you what you think again! Is this fate or coincidence?

You will love this addition. :wink:

My wife and I were driving across town to get some shrimp to BBQ and we saw a local police cruiser behind a small red car. The officer was just pulling it over when we passed. On the way back through, we saw that the police officer had three young men in handcuffs at the side of the cruiser and upon closer inspection...one was the SAME guy that had smashed into her car and ran! This guy had posted bail after being arrested and we later found out he had been stopped and arrested for DWI! I know this because we received a phone call informing us of these facts and that a Victim Impact Statement was requested from my wife. The prosecutor was trying to fast-forward this guy back into jail. I guess he deserves as much since days after hitting my wife and fleeing, he was driving under the influence of alcohol. I just can't understand why a person would continue to do this after being arrested for hit-and-run. Thinking back, I have decided that more than likely the guy was drunk on the day he t-boned her car (driver's door) and left her in confusion and pain. I told my wife it had to be MEANT for her to see him being arrested. I can't think of another explanation for it. Maybe it was just a very large coincidence, but I call it JUSTICE. I have been really impressed with law enforcements role in this whole matter. We DID turn over ALL medical bills (copies) to the prosecutor as well as my wife's victim impact statement. Law enforcement claimed with this information and what they collected at the scene of the crime, it was pretty much a slam dunk. I HOPE he loses his license if he can't be more responsible than he has thus far been.

Again, thank you for the kind words and good advice. I think everything is going to be okay!

:)

Posted: Tue Sep 08, 2009 01:48 am Post Subject: accident

Goodness! Ya know..I don't think that was a 'fluke'. I tell people ( because I truly believe this..) that things always happen for a reason. You may not know why ( which, I know, can be frustrating..) but, they always do. I know you must feel 'better' about all of this now. I think (as you do..) that things are starting to get better. :D

Posted: Mon Oct 05, 2009 12:10 am Post Subject:

Okay. A quick update here. The perpetrator of this crime is in jail and awaiting sentencing. He is looking at 7 years maximum for felony hit and run. Our insurance company has settled on the totaled car for an acceptable amount, and has offered $2,000 pain and suffering on what they THOUGHT was $1,477 worth of medical bills. For some reason, even though we had requested the MRI bills be sent to them, those bills were sent to my wife's insurance who promptly paid them. Now that I have worked out what happened with her insurance, I have supplied copies of the MRI bills to MY insurance company. Those MRI's (two of them) adds $4,800 dollars to the equation. The total bills now equal $6,277 for medical. MY insurance company has offered to pay those bills and offer $3,500 for pain and suffering. I wanted to get someone's idea if that was a fair offer or not.
Considering my wife wasn't severely injured (soft tissue damage only) I personally feel that is fair, but others have said I should ask for more due to the fact she may have complications in the future. I have asked her on several occasions if she thinks she is healed enough to settle and she thinks she is. I guess what I am asking is if this is fair to both parties? I feel my insurance company has treated me fairly throughout this ordeal and I don't want to ask for more than what her injuries might be worth. Sure it was a rough row to hoe for awhile, and we DID pay our premiums as laid out in the agreement. However, I like my insurance company and don't really want to argue with them. Does anyone think $3,500 is a LOW-BALL amount for $6,277 worth of medical bills? I personally think that is fair, but if anyone else has a differing opinion I would like to know. Please don't just say "You should ask for more"...tell me WHY! Thank you for your time and for this website. It has helped me a bunch actually! I have read MANY posts here.

Posted: Mon Oct 05, 2009 11:03 am Post Subject:

Thanks for the update...sooooooo glad that punk is going to jail.......

Does anyone think $3,500 is a LOW-BALL amount for $6,277 worth of medical bills? I personally think that is fair, but if anyone else has a differing opinion I would like to know. Please don't just say "You should ask for more"...tell me WHY!

I personally think it's very fair for a soft tissue injury and am a little surprised they upped the offer with MRI bills, (15-20 years ago I wouldn't have been surprised, but I am today). As you know medical bills really are not any indication of injury, (ie most of your wife's are diagnostic)...I will tell you this. If this was their first offer then it's most likely at the bottom of the 'range' they have determined for her injury. So if you want a little more...ask for 4-4500 and see what they say, the only reason 'why' would be to get more money...I think you are taking a very mature, and educated look at this. And find it quite refreshing (instead of 'mo money, mo money')... :wink:

Thank you for your time and for this website. It has helped me a bunch actually! I have read MANY posts here.

It's our pleasure, and aim to help folks thru the muck of insurance. Let us know how things turn out and best wishes to you and your lovely wife.

Posted: Tue Oct 06, 2009 05:07 am Post Subject: Appreciation to ALL!

Thank you Lori for replying so quickly. My wife and I have decided to just go with their original offer of $3500 due to the fact of their fairness and genuine concern for my wife's well being. We have supplied all of the extra information we have so that they may ALSO attempt recovery of some of their money from the perpetrator. My wife also made a recorded statement as well to aid in prosecution. This has really been a life lesson for me in what COULD have happened. I realize only too well that my wife COULD have lost her life in this incident. We were very fortunate that didn't happen. As for the mature and educated outlook I seem to have, well I thank you for saying that. I try to be logical and want to be honest and fair. People with long-term, traumatic injuries are truly deserving of large settlements and should by all means pursue them, yet I have known people that exaggerated injuries just to increase their settlement amount. My wife and I don't want to be that person. We want to play fair and be treated fairly. In this instance I can truly say that this has happened for us. After we sign the papers tomorrow it will be nice to just put all of this behind us and move forward onto the next adventure. I just hope the next adventure is less traumatic and way more fun! My wife and I appreciate everyone's help and advice on this board. Keep up the good work. You really ARE helping people here!

:)

Posted: Tue Oct 06, 2009 11:17 am Post Subject:

My wife and I appreciate everyone's help and advice on this board. Keep up the good work. You really ARE helping people here!

Thank you so much for that we appreciate the kind words....Our best to you both. And if we can ever assist again, please don't hesitate....

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