by jobob » Fri Apr 10, 2009 09:01 pm
Ok I’m at a total loss. 3/11/09 I was stopped at a 3 way intersection and was stuck from behind. 100% fault is to the driver who was ticketed for failure to control speed. My dad picked me up from the scene and drove me to the hospital. My car was deemed a total loss with $8200 in damages (bumper was sitting in back seat). It was a 2001 Pontiac Grand Am SE1, 4door, all auto, and standard stock options (spoiler, power seat, ABS, ect). At fault driver’s insurance “State Farms” rated the car in good condition overall with minimal wear/damage. There was 126.628 miles on this car and a new engine was installed in May 08 with only 6,000 miles on it at the time of the wreck. The insurance company is only offering $3,950. I pulled NADA, Kelly, Edmunds, and comparable comps (Dallas area) and they are more than what State Farms has offered. I have addressed my dispute with the supervisor and the now claim my car is now worth less than the initially offered. I have filed a complaint with the Texas Department of Insurance which is kinda of a joke but anyway still no progress. So now I am looking at filing on my insurance “Allstate” for total loss. Allstate is supposed to go and look at my car and determine if total loss and value. I guess I’m asking if I am being unrealistic in what I deem as fair value which is around 5k +/-.
On another note the personal injury adjustor seems to be doing a good job at this point as I have yet to pay out for my medical, MRI, and chiropractic care. Which kinda scares me that she is being so nice, I’m an older college student graduating this May. At least hopefully as this wreck has put me so far behind that I had to drop a class just to try to catch up in the classes required for me to graduate. I am not able fulfill my duties as president of a non-profit organization. My toddler doesn’t understand why I can’t do things with her I used too and I am also losing jobs from freelancing over this wreck. Anyway I called for my medical bills and it looks like I am at 10k in debt and still needing medical care. I just yesterday opened a claim on my PIP ($2,500) because I feared that my insurance would increase. So now I am flipping because I looked up Texas basic auto policy limits and I am so worried that my medical may go over the 25k (nerve damage in my neck) . How do I determine to continue medical care or just forgo them if the are in an excess of policy limits. Granted I really don’t know the limits are I am just guessing because the other driver was in a 1996 Ford Mustang. I am worried that after I graduate not only do I have to pay back my student loans but also medial bills.
I did consult with 2 attorney’s but I was not impressed and felt icky after talking to them. Any help or advice would be much appreciated.
On another note the personal injury adjustor seems to be doing a good job at this point as I have yet to pay out for my medical, MRI, and chiropractic care. Which kinda scares me that she is being so nice, I’m an older college student graduating this May. At least hopefully as this wreck has put me so far behind that I had to drop a class just to try to catch up in the classes required for me to graduate. I am not able fulfill my duties as president of a non-profit organization. My toddler doesn’t understand why I can’t do things with her I used too and I am also losing jobs from freelancing over this wreck. Anyway I called for my medical bills and it looks like I am at 10k in debt and still needing medical care. I just yesterday opened a claim on my PIP ($2,500) because I feared that my insurance would increase. So now I am flipping because I looked up Texas basic auto policy limits and I am so worried that my medical may go over the 25k (nerve damage in my neck) . How do I determine to continue medical care or just forgo them if the are in an excess of policy limits. Granted I really don’t know the limits are I am just guessing because the other driver was in a 1996 Ford Mustang. I am worried that after I graduate not only do I have to pay back my student loans but also medial bills.
I did consult with 2 attorney’s but I was not impressed and felt icky after talking to them. Any help or advice would be much appreciated.
Posted: Sat Apr 11, 2009 03:45 am Post Subject:
How do I determine to continue medical care or just forgo them if the are in an excess of policy limits. Granted I really don’t know the limits are I am just guessing because the other driver was in a 1996 Ford Mustang. I am worried that after I graduate not only do I have to pay back my student loans but also medial bills.
Only you can determine to continue medical treatment. The policy limits of the other driver should not determine this for you.....first you and your body should determine this with help from your doctor. I do understand that uncovered medical bills on top of school loans (just finished mine) are tough, but is it better then not being able to play with your toddler or work again if you don't get better?
Hopefully Lori will be back around and she should be able to answer the question as to the value of your vehicle. I will say that you can try your insurance and see what they come back with. Sometimes I would have people refuse my offer, go to their insurance, and then come back and ask if my offer was still on the table. But it sounds as if you have done your research.
felt icky
I've had that feeling with some.
Posted: Sat Apr 11, 2009 10:07 am Post Subject:
Hi,
I guess I’m asking if I am being unrealistic in what I deem as fair value which is around 5k +/-.
You do have the right to clarify your doubts over here :)
I have addressed my dispute with the supervisor and the now claim my car is now worth less than the initially offered.
What did the supervisor say?
Steven
Posted: Sat Apr 11, 2009 02:11 pm Post Subject:
Thanks for the quick replies! :) I'm going to talk with my doctor about what best to do and how I can keep her bills lower. I am also wondering if some of my medical bills are inflated because they know this is a auto accident. On the liability with State Farms can I just ask them what their insureds policy is? Make like better knowing what's ahead than being hit with surprises.
As far as the supervisor at State Farms she basically stated that what they offered is it. Take it or leave it. There are some discrepancies on the appraisal of my car and they deducted for add on items that do not come stock with my car. Like alloy rims and such. Also they are not really considering the new engine despite sending them the bill.
Ugh.....
Posted: Sat Apr 11, 2009 04:25 pm Post Subject:
I did consult with 2 attorney’s but I was not impressed and felt icky after talking to them. Any help or advice would be much appreciated.
I have felt the same way after having to deal with many appraisers that only cared about the company's bottom line. I'll admit there are attorneys I wouldn't recommend as well. That being said the icky feeling may be the conditioning from those that make you feel guilty for receiving what you feel your injury is worth. We gamble when we buy all insurance hoping that we will never be in a position to have to use them but are hopeful they will take care of us as promised or as owed under the restatement of torts due to someone else's negligence.
You shouldn't feel icky for being compensated adequately for what is owed to you and you shouldn't feel like your taking someone elses money when you receive settlements from losses as these. If you do, then the entities that owe you have succeeded in making you feel you took what wasn't rightfully owed to you.
I received a reasonable settlement I thought at the time, 15 years ago from a headon crash due to the other driver's negligence. The car that crossed the center line and struck me without warning was traveling 55 mph down hill and I was moving 55mph uphill in a heavier car. The impact I was informed was a 110 mph impact considering both forces. A baby was thrown from the other vehicle I found out later when I was helped around the front of my vehicle. I had to deal with my own insurer due to the fact that the other driver was uninsured. If it had not been an attorney's open meeting with people who needed legal services, I would not have been informed of stacking uninsured policies in my state. My attorney negotiated a settlement that I was content with at the time.
One of the things that one doesn't consider is the arthritis and pain down the road that you will definately deal with as you age. When thinking about what a settlement is worth, you have to ask yourself many questions like, what is it worth to not be able to give a piggy back ride to your grand kids or rock them on your knee. What is it worth to relive the trama of realizing you were in an accident that caused the death of a child and how that haunts you mentally? What's it worth to have to take advil or heavier meds due to the pain in your back or neck from nerves being pinched for life. How much damage are you doing to your liver from all the meds you take in a lifetime due to the accident that wasn't your fault. I am beginning to realize that now, and I also realize that the settlement I took at the time doesn't begin to compensate me for that today. I waited three years and several surgeries later before I settled. These are things that the adjuster negotiating your settlement across the table from you will never mention but an attorney might.
Because I am in the business of having to deal regularly with the very people I was negotiating my settlement with, I asked for an arbitor or disinterested party to represent myself in the negotiation since I didn't know what my claim was worth, and they wouldn't do it. I said fine, you and my attorney can negotiate it among yourselves. Looking back now, I didn't settle for near enough of what my claim was worth and didn't ask for one fourth of what I could have demanded on the policy stacked limits.
Posted: Sun Apr 12, 2009 01:01 am Post Subject:
Jobob, The one thing that woriies me here is the year of the vehicle that hit you. I will tell you why. Chances may be that they only carried policy limits due to the age of the vehicle. I am not sure what they are in your state. I know in PA it is $15,000. Now if you have had a lot of medical treatment it could eat up that money. They way it works here is your med pay on your own policy pays your medical bills up to the amount you are insured for.
If those bills go over then your own personal medical insurance would kick in. Once you go to settle they will have a rght to get back oanything they paid towards your care and it comes out of that $15,000..whats left after atty fees and such is then what you would get for pain and suffering. If there isn't anything left over then that is what you would get. You could then go back on you under insured motorist policy and collect those.
I am only telling you this because I know atty's can take a good chunk since I just went through this myself. After paying back any medical and the atty it makes you wonder if everyone else made out from your misfortune...just something to think about. Alot may depend on your state..
Posted: Sun Apr 12, 2009 03:12 am Post Subject:
Your chiropractor should not be billing more for his services then he would if this was not an auto accident, but he may have you treating more days per week then is necessary. I was in an accident about 20 years ago and paid for treatment out of my own pocket (one vehicle accident, me and a tree). I went to a chiro (family friend) for my shoulder. He had me come once per week for 10 weeks and at the end I did I felt 100%. I've seen many chiros have injured people come 3 times per week and want them to come for 6 to 8 weeks. I realize that it really depends on the injury, but sometimes it really does seem like excessive treatment.
You need to talk to the chiro and let them know the situation. They may give you a break on the dollar amount of the treatment as well as cut back on the days. As for the other company releasing their insured's policy limits....most states (if any) don't require them to release that information, since the policy limits should not change your treatment in their eyes.
As for your car, did you let SF know that they missed some items that you had? I would just forget it and go with Allstate unless they come back with less. Allstate will get your deductible back.
Posted: Mon Apr 13, 2009 10:37 am Post Subject:
I guess the dispute is about the property damage claim and not with the bodily injury. And an atty would be available only to deal with the BI claim where they would charge 33% of the settlement amount.
Regarding continuing with the medical care, I’d say that you should continue with the treatment no matter what the policy limit of the other driver has. If you have health insurance, the health insurer would pay for the costs as well. Therefore, you may not have to curtail with the health care. Asking the doctor to re-evaluate the bills is a good move.
Jobob, I think you would be in a better position to involve your insurer into the matter as well. They can pay both for your BI and car damages. I’d vote for Das’s suggestion…dealing with your own insurer is always an easier task than dealing with third party insurer.
The alloy wheels and other items would definitely add some value to their appraisal. But you may not experience a huge difference.
Thanks,
Rupert
Posted: Thu Apr 16, 2009 10:16 am Post Subject:
In the end of you get an atty they would try to settle any leftover medical bills for 25-33% less. Remember this if you go and do your own settling of your case without the help of an atty. All you would have to do is call the your health insurance provider and they would give you the number to call and negotiate when this is all finished. You will not know this early what med bills may run but just keep this idea in mind for later down the road.
Sometimes it takes a little waiting to get the bigger discount but it can definately be worth it.
Posted: Thu Apr 16, 2009 12:55 pm Post Subject:
I guess I’m asking if I am being unrealistic in what I deem as fair value which is around 5k +/-.
Well maybe, on paper you are being unrelalistic...I'd have to know if your vehicle has the following: power windows, locks, seats, sunroof, cruise, automatic, leather seats, alumn/alloy wheels, then is there ANY UNREPAIRED PRIOR DAMAGE? If so what is it? some counts some does not....as to the new motor with 6k, first off you HAVE to be able to document it...what people call a new motor many times is not...also how much did you pay (total) to have this put in?Posted: Wed May 27, 2009 07:13 pm Post Subject: Paying Medical bills from settlement
what happens if you receive mv settlement that includes the medical expenses & you don't pay them? I'm having to file bankruptcy partially because of this accident.
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