Hi Lori,

by smith123 » Wed Feb 10, 2010 11:55 pm

At this time, they offered to increase claim to 2K and they say that they can talk to doctor to see if the doctor give me refund for the balance. They say that the impact was not severe enough to offer more than 2K. Can you please help let me know what would be the better thing to do?

Total Comments: 5

Posted: Thu Feb 11, 2010 05:59 am Post Subject: Balance refund

Hi Smith123,

Do provide me with the detailed information so that I can help you out.

Posted: Thu Feb 11, 2010 10:49 am Post Subject:

Do provide me with the detailed information so that I can help you out.



Is your name Lori? :roll:

Posted: Thu Feb 11, 2010 12:41 pm Post Subject:

They say that the impact was not severe enough to offer more than 2K.

Last week they said the impact wasn't severe enough to cause you more than 500.00 in injury...They jumped their offer from 500 to 2k in one hit! :shock: hmmmmmm.........me thinks a supervisor got a look at that claim...or did you (as suggested) request their 'stance' in writing? :roll: :wink:

Can you please help let me know what would be the better thing to do


Same as before...demand this in writing, along with their explaination stating that they have already agreed their insured caused 3k (whatever the amount of damages to your vehicle was), damages to your vehicle. They are basing their claim (of little to no damage) from "a" 2 dimensional photo of their insured's vehicle. No one has even looked behind that front bumper cover to see if there is structure damage. That you have it on good authority that a urethane bumper cover can bounce right back, have no 'apparent' damage to the cover, but substantial damage to the structure behind it. Tell them you want THIS in writing...be sure to 'drive home' the part about them making this decision based on 'a' photo of their insured vehicle.. :roll: and that they have already AGREED their insured caused 'blank' amount of damage to your vehicle..AND that the amount of damage to their insured vehicle truely isn't the issue..unless their insured is also claiming an injury..what is the issue is the amount of damage to your vehicle, and if that damage is substantial enough for a JURY to believe it possible for an injury to occur... ...after you get this in writing let us k now what it says...(they won't do it)...


(veronica-smith123 has a long running thread..notice her number of posts... :roll: ) ]

Is your name Lori?

:lol: :lol:

Posted: Thu Feb 11, 2010 04:10 pm Post Subject: BI Claim

Lori, Trench, Veronica

Well, they gave the explanation in writing as follows:

"This letter is in response to your email requesting further details on our investigation and evaluation of your claim. Attached is photograph that you requested of our insureds showing a bent licence plate. Additionanlly I have attached photographs of your vehicle for you to review. Our investigation consisted of recorded statements from both you and our insured driver, as well as reviwing damages to both your civic and the Altima. No police report was filed and no witnesses have been provided by either party.

After reviewing the evidence provided we have elected to accpept liability and would would like to resolve your injury claim. ATt this time we are prepared to offer you $500 to resolve your injury claim. We believe this offer to be fair and reasonable based upon our investigation. If you would like to accept this offer please sign and return the previously sent release to fax
If you have any additional information you would like to provide I would be more than happy to reconsider my offer. We would like to have the time to sit down with you to better understand your point of view. I hope to be able to do so tomorrow, Wednesday February 10th at 12pm."

Subsequently the adjuster and supervisor met me and gave me the offer for 2K. However, they say that they have overpaid me for PD but under no circumstances they want that money back. Their stand on 2K on BI claim is that they considered 1 month treatment which was pro rated to 2K whereas I had 12 sessions which ran into 1.5 months or so. They say that there should not have been such an injury that I needed 12 sessions. Also they say that the chiropractor has overcharged me, and if required they want to talk to the doctor and try to get me a refund.
They say they wont include loss of pay, hardship or any other items.

Posted: Sat Feb 13, 2010 10:08 pm Post Subject:

Sounds to me like you have basically two choices here...accept their offer..or..get an attorney (remembering the atty HAS to get another thousand, for you to STILL be at 2k in your pocket AND lot longer wait)..I've already given you my responses to what my arguments would be re: the damage to their vehicle, and will give you my responses to a couple of other things, but frankly I think it still comes down to those two choices..

However, they say that they have overpaid me for PD

I would ask that this be explained in writing as well, and how this could've possibly happened. Now this is where you HAVE to be 110% sure that you had ZERO prior damage in the area of impact or the part of your vehicle they PAID for that was damaged...

but under no circumstances they want that money back.

duh, that's no favor, they CAN'T ...

. Also they say that the chiropractor has overcharged me

Did he? They might be right about this...,

and if required they want to talk to the doctor and try to get me a refund.

They certainly wouldn't be 'required' to at all, but it couldn't hurt. Remind me did you have med pay on your vehicle? or did your health carrier pay ANY of this?

They say they wont include loss of pay, hardship or any other items.

I think they are saying this because the chiro has eaten up so much of what they feel your claim value is...12 treatments in six week IS a lot..and that's more than 150 per treatment....what DID that Chiro charge for?

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