by sprite » Tue Nov 13, 2007 03:38 am
Could someone explain the claim process to me? My car was hit (and totaled) by a hit and run driver. There were several witnesses who stopped and wrote statements for the police. My medical expenses and treatment continue (a year later) and I would like some guidance as to how I can proceed. The statute of limitations is 2 yrs in my state.
Posted: Wed Nov 14, 2007 09:00 pm Post Subject: Adjuster
The adjuster works for Geico at Geico. I am sorry that wasn't clear. I asked my surgeon if surgery notes had been requested and they said no.
I am looking at four months on a bone growth machine. I do not know how much the machine costs as well as more PT ($2K). If the bone machine does not heal the fracture, I need surgery to plate it with a bone graft and plate. That surgery could be $40K.
At the moment, bills are $65K. Virginia has an anti subrogration law re medical pills paid by health ins.
I lost wages, I live far from med providers, and I have limited and painful use of my shoulder due to a broken bone. My surgery was 2 mos ago to repair a tendon torn in the accident. The first ortho surgeon I went to did not diagnose it properly and it was not found until 11 mos after the accident.
What is a fair settlement for me.
Thanks.
sprite
Posted: Wed Nov 14, 2007 11:44 pm Post Subject:
Sprite I'm going to think on this tonight and answer you in the morning ok?
Posted: Thu Nov 15, 2007 03:11 am Post Subject: More
Hello all,
I talked to an attorney from a firm that deals with personal injury. He explained to me about stacking coverages and intrapolicy stacking (only allowed for medpay) and said that in a case like this, his fee would be 5 to 10%. I thanked him for his time and will think about whether or not I need an attorney. In my state, stacking is allowed, so that my UM policy as well as the car's owner's UM policy can be claimed against. If I understood him correctly, the fact that it was hit and run, with witnesses, and I was not a fault, makes it easier.
Posted: Thu Nov 15, 2007 08:53 am Post Subject:
I talked to an attorney from a firm that deals with personal injury. He explained to me about stacking coverages and intrapolicy stacking (only allowed for medpay) and said that in a case like this, his fee would be 5 to 10%. I thanked him for his time and will think about whether or not I need an attorney. In my state, stacking is allowed, so that my UM policy as well as the car's owner's UM policy can be claimed against. If I understood him correctly, the fact that it was hit and run, with witnesses, and I was not a fault, makes it easier
Atlast you were able to clear your doubts from the attorney!
Posted: Thu Nov 15, 2007 11:33 am Post Subject:
Sprite if he will take this for even 20%-25% HIRE HIM!!!! Really....I mentioned the stacking in an early post, thought more than likely your state allows it. Suffice to say you have a VERY LARGE claim....Please hire the attorney (I rarely say that! :wink: )....Please though keep us updated, it has been a pleasure to attempt to assist you!
Posted: Fri Nov 16, 2007 12:22 am Post Subject: Update
Hello all,
The attorney said there is 200K available (from my UM policy and from the car owner's policy).
However, I am new to this stuff, and if my claim is worth $30K, I do not think I need an attorney.
So I guess I am wondering how adjusters arrive at these numbers. How did they figure out $11300 for my child? Is that fair?
What is a fair settlement for me?
Honestly, I feel like I owe my next door neighbor, who drove me all around for a month and stayed with my child at the hospital, over $500 in gas alone.
Thank you,
sprite
PS Lori, why do you think I need an attorney if you rarely say that??
Posted: Fri Nov 16, 2007 11:20 am Post Subject:
Good morning Sprite,
if my claim is worth $30K, I do not think I need an attorney
Your claim is worth WAY more than 30k, (where did you come up with that figure?)...just look
At the moment, bills are $65K.
am looking at four months on a bone growth machine. I do not know how much the machine costs as well as more PT ($2K).
That surgery could be $40K.
Plus what you haven't listed, also loss of wage, and pain and suffering, and disability. I think you have a limits claim, (or damn close). I suppose you could demand policy limits from them to settle, (200k), they will need to get the supporting documentation that you've said they don't have yet, and if they don't agree to pay policy limits (or policy limits minus what the attorney fee would be 10% would be 180k) then get the attorney....but since you have a statute about to run you need to get on this...both are reasons I thought you should consider getting rep'd also to make sure about the stacking, and his fee (5-10%) are very reasonable.Virginia has an anti subrogration law re medical pills paid by health ins.
This is great news by the way, I forgot to mention that before!So I guess I am wondering how adjusters arrive at these numbers.
Well, this is kind of complicated, and varies some company to company. They take all the medical bills into account, and what they were for. In your case, they are enormous, from the life flight to the surgery, pt, and the hyperbaric chamber and looming surgery (which might be tricky). The loss of wage, the actual pain and suffering you have endured, , the in ability to preform daily functions without aid, the mental/emotional strain and toll, the trauma...(in some states) loss of consortium, any permanent scaring or disablity. And attempt to put a dollar value to all of this. In your case you medical billls are going to (probably) take one of the policy limits (100k)...Your daughter, well I don't think you said how old she was. And don't think any scaring was mentioned. More than likely they took your daughters bills 9350.00 removed the transportation expenses (lets guess that at 700.00) then took what was left about 8650.00. That times two is 17,300 minus the 6k med is 11,300. But we could guess and make any figures match. I'll bet though that on her claim it was something similar. It's not uncommon for some adjusters to double the med bills. Years ago it was an acceptable practice in smaller claims to roughly figure two or three times the med bills. There is no harm in asking the adjuster, 'just how do/did you come up with this figure'. And I'd certaily do that before I settled her claim. Something to remember in your claim, and maybe hers as well, she didn't have the care and comfort of her mother for quite awhile. Since your little girl is ok now, I'd probably counter with 15k-18k. I'm sure they have a 'range' and if this is the only offer you have received is it at the bottom of the 'range'....Let us know.
Honestly, I feel like I owe my next door neighbor, who drove me all around for a month and stayed with my child at the hospital, over $500 in gas alone.
I agree, after your settlement depending on what you get I think she's got a grand coming maybe more!Whatever you decide, don't drag your feet too long! Please keep us updated...
Posted: Sat Nov 17, 2007 12:42 am Post Subject: More
I emailed the adjuster and asked if he needed any more documents from my doctors. He replied:
At this time I am waiting for you to complete your treatment course. Once you are done I will then send for the bills and records from DELETED Physical Therapy, bills and records from Ortho Clinic (for treatment after 7/30/07), and the bills and records related to the actual surgery/surgeon.
**********************************************************
So this means until mid March (my present treatment ends then), the adjuster is not going to do anything??
'
next question: I do not know how to ask for a higher settlement for my child. What should I write. Please suggest.
Thanks.
Posted: Sat Nov 17, 2007 12:15 pm Post Subject:
At this time I am waiting for you to complete your treatment course. Once you are done I will then send for the bills and records from DELETED Physical Therapy, bills and records from Ortho Clinic (for treatment after 7/30/07), and the bills and records related to the actual surgery/surgeon
This is normal and customary..Will your statute run by then though?I do not know how to ask for a higher settlement for my child. What should I write. Please suggest
Did you ask how the adjuster arrived at the settlement? I'd just saw you've thought about it and think the offer was low, you're thinking more in the (fill in the blank) range...To be fair though if you accepted it....the adjuster might be a little irritated, but then again had he gotten his paper work right would've been a done deal right? But we all make mistakes...I'd find out how he reached the value then go from there.Posted: Sat Dec 22, 2007 02:18 pm Post Subject: Update
Hello, I have updates:
first off, when I contacted the previously mentioned attorney, his fee had surprisingly gone up to 25%, not the 5 to 10% he quoted originally.
second, a recent x ray (3 days ago) shows that I still have an unhealed fractured bone (over 16 months since accident)
My med bills are now at $67311 not including transportation, minimal lost wages (this happened while I was on leave; when I went back to work, it was on a very reduced schedule, though, and I had no sick leave at all);
and the ongoing matter of my future medical treatment.
The policy limits are 200,000 total. 25% of that would leave me with 150K. But since my medical bills multiplied by two are about 134K, how could an attorney help me?
If my medical bills (hospitals, MRIs, surgery, physical therapy) are that high, would the adjuster automatically multiply by 2 for my bodily injury settlement?
Thanks
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