Bodily Injury Claim

by Rb13 » Mon Dec 08, 2008 05:06 pm
Posts: 8
Joined: 12 Nov 2008

Okay, I was rear ended about a month ago in my Subaru Outback. My car has been in the shop since then and State Farms did not total it. It did about 13,800 worth of damage to my car that they valued at 16,000. I've been in a rental that they are paying for and my estimated date of completiion is 12/31/08.

But, they are fixing it and I'm happy. My accident was on 11/6, and I got a letter dated 11/7 from State Farms indicating that they understood I was pursing an injury claim. I was extremely sore, but I didn't feel I was injured severely. I did miss that day and the next day from work, but layed around over the weekend and was back at work on Monday. By the end of that next week, I felt pretty good and didn't even need to take advil anymore for the soreness, so I didn't go to the doctor. Why load up unnessecary doctor bills that may or may not get paid?

Anyway, I called today to try and get reimbursement for those two days that I took off from work and the agent says, "Oh, I didn't realize you were injured."

I answered, "Really, because I'm holding a letter from you dated for 11/7/08 indicating you realized I was pursing a claim."

She then said, "Well, that letter wasn't intended for you. It was meant for the injured man in the accident."

WHAT? I then explained I was alone in the car, and she said, since it was a 3 car accident, it was for one of the other men injured in the other car.

Then she said, "Well, what kind of injuries do you have and when did you go to the doctor?"

I answered, "My chest was bruised and swollen from the seat belt. And my neck and back was sore for a couple of days. I missed two days from work. I did not feel I needed to seek medical attention any further than the care I got at home."

"So you didn't go to the doctor?"

"That's correct."

"Okay, well, fax me your payroll stub showing you missed those two days and I"ll review it and let you know."

So, my problem is, I took time off leave for those days, so those days aren't showing on my payroll stub. I can attach my timesheet, which I will, but they will how as time off leave. Are they not going to pay me for those two days and is there anyway they won't pay me because I didn't go to the doctor?

Total Comments: 16

Posted: Mon Dec 08, 2008 10:22 pm Post Subject:

First, I'd ask you how much money you lost and send you a check in about 5 minutes. That is, I'd not ask any questions if you were only presenting a claim for 2 days lost work. There is $13k worth of damages to your vehicle... I think missing 2 days is about the least that could happen.

If you took vacation/sick time off, this should be indicated on the paycheck. If it's not, you could have your supervisor or HR department write a short email or note stating that you missed those two days.

I see no reason why they would not pay you for those two days even if you did not go to a doctor. I think with the extent of the damages there is a hard impact indicated and they should consider themselves _EXTREEMLY_ lucky that you did not need medical treatment.

Posted: Tue Dec 09, 2008 01:08 am Post Subject:

Wow I agree with T...its a wonder with that much damage you were not more seriously injured. I know when I lost time at work The insurance company sent me an actual letter of what they exactly wanted. I think it was a "lost earning and wage verification document" request . It spelled out what they wanted in detail. Reply had to be on a company letter head and filled out by the company I was employed with.
I remember it asked for my ss # address and name of employer, job description and so on. Maybe you can ask them if you could have this done by your employer. Ask what they exactly need or have them send you a letter describing what all they need to know and then have your boss type something up.

Posted: Tue Dec 09, 2008 01:11 am Post Subject:

I'm with Tcope on this , I'd have had that draft and release made out before you hung up the phone! First this adjuster is a bit on the stupid end sending a letter meant for another to you in the first place and when she did realize it (if she ever did until you talked to her) she should've immediately called or sent a letter of apology for her mistake, (idiot :roll:) and yes, I've made similar mistakes but always apologize for them...

Sound's like what she is going to say is something along these lines, 'if i don't have a doctors excuse saying that you had to be off of work for your injuries then I can't pay for those days off" (by the way yes, if you use sick time or vacation time, they still owe them because you 'spent' those days)..if she says something like that then if it were me my next comment would be something like, ''Tell ya' what honey, why don't you let me talk to your boss, because I have 13k in damages to my vehicle I was sore and stiff, (duh) and ALL I'm asking for is (fill in the blank) which is two days of lost wages, now let me talk to your boss because if you want me to go to the doc I will and I'm sure when he sees the pictures of my car he will not only agree I needed to rest a couple of days, but probably also INSIST that I have x-rays and an MRI, which as you know YOUR company will have to pay for....so 'honey' what's it gonna' be ? Do I need to talk to your boss so that someone can make a common sense call on this?"

Sorry but idiot adjusters that cannot for whatever reason 'think' for themselves tick me off...and if they do insist on a docs note then do it go to your doctor show him the car (if you don't have pictures get them quick before repairs start, or you can bet St. farm has them)....then if he also recommend xrays take 'em...(idiots! I just can't take 'stupid')

Please do let us know the outcome...

Posted: Tue Dec 09, 2008 04:55 am Post Subject:

Wow! 13k worth of damage to the car but no significant bodily injury, do I need to say that you were extremely lucky?!?

Anyways, I sometimes wonder why people deliberately jeopardize a simple situation. The adjuster can easily settle the matter by writing a check for the wage loss, yet she is trying hard to aggravate the situation.

~jeremy

Posted: Tue Dec 09, 2008 05:28 am Post Subject:

The insurer is required to pay you for the lost wage even when you have received sick pay or disability pay. You can't be denied of what is due. However, you may need to submit certificate from your treating physician stating you have lost days work for the injuries or treatment. The insurer may not recognize the claim without evidences.

Moreover, if you are a regular employee of a company you may provide the following information on a company letter head, stating…

Your name
Your job profile
Rate of salary
Total lost wage (the number of days and/or hours that you have lost following the accident for both for injuries and treatment)

Rb, you may ask your HR or your supervisor to mail the above information to the adjuster's office. Hope it'll suffice her requirements.

Posted: Tue Dec 09, 2008 10:07 am Post Subject: insurance

PROOF!!PROOF!! Get ALL of it down in writing. In a few 'mishaps' I've had, I've learned you get every statement, every claim, every witness, time, date, etc....get it in writing!! No matter how 'small' the 'evidence' may be.

Posted: Tue Dec 09, 2008 11:48 am Post Subject:

This is a PERFECT explaination of what she is doing. Jeremy,

deliberately jeopardize a simple situation


JEORGE...THIS IS THE POINT...

However, you may need to submit certificate from your treating physician stating you have lost days work for the injuries or treatment. The insurer may not recognize the claim without evidences.

She didn't go to the doctor...You think 13k worth of damage isn't enough evidence to pay for 2, that's TWO , not 20 days off work because she's sore?

Posted: Wed Dec 10, 2008 02:41 am Post Subject:

Wow i really agree with you here. This person could have run up some massive medical bills but she decided to take a couple days to rest up and feel better only to be treated like this. It could have been an open and shut case...She should probaly even have gotten some pain and suffering I would imagine and only asking for lost wages...you don't see it very often. Could this be a new adjuster just starting in the field?

Posted: Wed Dec 10, 2008 03:13 am Post Subject:

Unfortunately, you are the honest mr. or mrs. nice guy or girl and people like you are the ones who get the least amount of money you deserve in these situations. People who actually fake an injury or yell and scream the loudest seem to get the most money. I bet they will not pay you for these days or at least try not to pay you anyway. Call the person in charge at the insurance company and demand payment for these days or tell them you are going to seek help from an attorney. I would let them know you might seek professional help in case your injury doesn't go away or comes back. I would also tape record your entire conversations from now on if possible. Even if they agree to pay you over the phone and you don't have it in writing, then it becomes he said, she said, or your word against theirs. Getting it on tape can help you prove your point and keeps them from making promises they can't or won't keep. I personally think you should be paid these two days since you wouldn't have missed work at all if it wasn't for the accident. You really should have had a dr. check you out since you was injured, just in case you have any long term effects. Chances are minimum you won't since you are feeling very good, but you never know. Once you settle the claim it will become very hard or almost impossible to seek any more damages once it has been finalized. This is where getting professional help from an attorney may end up helping you in the long run. 13k is a lot of damage to your vehicle and it will always show up on a car fax report for the life of the vehicle and any future buyer will have a hard time giving top dollar for any vehicle with prior major damages. Even if you can't see any noticeable damage once they do all the repairs. Attorneys know all angles of accidents and are trained to get the most out of an insurance company. They know all the loop holes and laws that protect drivers like you from being scammed or ripped off by an insurance company.

Posted: Wed Dec 10, 2008 10:33 am Post Subject:

Could this be a new adjuster just starting in the field?

could be but I doubt it with the severity of the loss...likely an adjuster that doesn't realize it's possible to stray from the script.. :roll:

People who actually fake an injury or yell and scream the loudest seem to get the most money.

unfortunately I'll have to agree with you on that Justin in many cases.. :x I also have to agree with this next one..

You really should have had a dr. check you out since you was injured, just in case you have any long term effects. Chances are minimum you won't since you are feeling very good, but you never know. Once you settle the claim it will become very hard or almost impossible to seek any more damages once it has been finalized.

Gotta ask justin are you an attorney or is your daddy or do you get paid for 'referals' to a plaintiff attorney? I ask because it seems ever post you make regardless of the situation you recommend an attorney even when that will mean the OP loses money, (especially in a pd situation) just checking there has to be an 'angle' here. :?

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