by Guest » Sun May 16, 2010 08:06 am
Let me begin by saying SORRY for such a long post. Trust me, it could have been longer, but I need to write this story out to the fullest. Please take a few minutes to read:
A few months ago when driving back home on the freeway in California, a car suddenly swerved out of his lane and straight into mine (it was a two lane highway, nothing but a yellow line separating the two lanes). The car crashed into mine straight on and the impact hit my car so hard it shot backwards off the shoulder and 25 feet down a small hill until it finally reached a stop about 30 feet down. My car was totaled, I was trapped in the car, and could feel pain coursing throughout my neck and body. The driver literally fled the scene on foot. Turned out he was an illegal Mexican with no insurance and no care whether I was alive or dead in the ditch. I was taken into an ambulance and it was determined that I was not seriously hurt except for tissue and muscle damage in my neck, back, shoulders, and head pain. I was given some Oxy and sent home.
The thing is, I was in excruciating pain for almost 2 weeks and lived off of the Oxy. I went to a chiropractor about a week after the accident and continued to get treated there for two weeks (I am a college student visiting home on Winter break, I had health insurance through my school, but no one in my hometown--far from my university--would accept it)
So I go back to school about 2 weeks later where I immediately developed a deep depression in that I basically laid in bed for two weeks, missing most classes and work, leading me to come within an inch of dropping out, had not my best friend grabbed the paperwork from my hand and told me to stay and fight. Moreover, my neck and back were still killing me, but I was too depressed to do anything about it. With the help of amazing friends, I was able to defeat the depression. Unfortunately, I also have a history of anxiety problems, where I get light-headed and nauseous, but have been doing well for a year thanks to some psych medication. Unfortunately, this accident caused my medication to stop working completely. I began having more anxiety than usual, and I my light-headedness grew worse than before. I spent the entire semester in and out of psychiatrists offices, taking new meds, feeling emotional and having unstable mood swings because of the meds, going to physical therapy because of my neck and back, etc. Basically, my life was a hell full of physical and mental problems.
Now, as the semester is coming to a close and I'm graduating, my neck is feeling better, my back pain is manageable, but my head/anxiety pain is worse than before. Remember, I have had a problem with anxiety/head issues before, but I had been feeling fine because due to the medication I had been taking for over a year that let me function normally. But the horrific car accident changed everything. You hear about "pain and suffering" but you never think it could be so bad. It caused my anxiety/head problems to escalate BAD.
So here's the thing. I have uninsured motorist coverage of $100,000.00 per person that applies to this accident. The thing is, my insurance company has received my medical bills, from the hospital, ambulance, chiropractor, and one bill I sent them from my psychiatrist (only one) and they want to settle for about $10,000, $1000 (!) for pain and suffering. This does not include any future protection for my neck and back, nor does it take into account my anxiety issues.
I KNOW I am getting ripped off by my insurance company. I know that is what they do. But I am having a hard time coming up with an appropriate settlement return. I feel I deserve way more money because this accident has increased my light-headedness (a form of anxiety) higher than ever. Moreover, I am graduating in about a week or two, will have no health insurance, no job, no place to live. I plan to move back in with my mother, but I feel I deserve compensation for future neck/back pain, along with money to continue to treat my head and anxiety issues, which were all caused by this accident. I just don't know how high to go. My friend, who is studying pre-law at our university told me no way to take their ridiculous settlement, and said I could go so much higher. I don't want to get an attorney, who will just end up taking half of the money that I need for future health expenses. I want to fight this on my own.
ANY suggestions or help is welcome. Please. I have been researching as much as I can, but with my current disabilities,it is hard, as I focus almost all my attention and energy on my schoolwork and part-time job (which is a pain, but I absolutely need as much money as I can get to get health insurance right away). :(
A few months ago when driving back home on the freeway in California, a car suddenly swerved out of his lane and straight into mine (it was a two lane highway, nothing but a yellow line separating the two lanes). The car crashed into mine straight on and the impact hit my car so hard it shot backwards off the shoulder and 25 feet down a small hill until it finally reached a stop about 30 feet down. My car was totaled, I was trapped in the car, and could feel pain coursing throughout my neck and body. The driver literally fled the scene on foot. Turned out he was an illegal Mexican with no insurance and no care whether I was alive or dead in the ditch. I was taken into an ambulance and it was determined that I was not seriously hurt except for tissue and muscle damage in my neck, back, shoulders, and head pain. I was given some Oxy and sent home.
The thing is, I was in excruciating pain for almost 2 weeks and lived off of the Oxy. I went to a chiropractor about a week after the accident and continued to get treated there for two weeks (I am a college student visiting home on Winter break, I had health insurance through my school, but no one in my hometown--far from my university--would accept it)
So I go back to school about 2 weeks later where I immediately developed a deep depression in that I basically laid in bed for two weeks, missing most classes and work, leading me to come within an inch of dropping out, had not my best friend grabbed the paperwork from my hand and told me to stay and fight. Moreover, my neck and back were still killing me, but I was too depressed to do anything about it. With the help of amazing friends, I was able to defeat the depression. Unfortunately, I also have a history of anxiety problems, where I get light-headed and nauseous, but have been doing well for a year thanks to some psych medication. Unfortunately, this accident caused my medication to stop working completely. I began having more anxiety than usual, and I my light-headedness grew worse than before. I spent the entire semester in and out of psychiatrists offices, taking new meds, feeling emotional and having unstable mood swings because of the meds, going to physical therapy because of my neck and back, etc. Basically, my life was a hell full of physical and mental problems.
Now, as the semester is coming to a close and I'm graduating, my neck is feeling better, my back pain is manageable, but my head/anxiety pain is worse than before. Remember, I have had a problem with anxiety/head issues before, but I had been feeling fine because due to the medication I had been taking for over a year that let me function normally. But the horrific car accident changed everything. You hear about "pain and suffering" but you never think it could be so bad. It caused my anxiety/head problems to escalate BAD.
So here's the thing. I have uninsured motorist coverage of $100,000.00 per person that applies to this accident. The thing is, my insurance company has received my medical bills, from the hospital, ambulance, chiropractor, and one bill I sent them from my psychiatrist (only one) and they want to settle for about $10,000, $1000 (!) for pain and suffering. This does not include any future protection for my neck and back, nor does it take into account my anxiety issues.
I KNOW I am getting ripped off by my insurance company. I know that is what they do. But I am having a hard time coming up with an appropriate settlement return. I feel I deserve way more money because this accident has increased my light-headedness (a form of anxiety) higher than ever. Moreover, I am graduating in about a week or two, will have no health insurance, no job, no place to live. I plan to move back in with my mother, but I feel I deserve compensation for future neck/back pain, along with money to continue to treat my head and anxiety issues, which were all caused by this accident. I just don't know how high to go. My friend, who is studying pre-law at our university told me no way to take their ridiculous settlement, and said I could go so much higher. I don't want to get an attorney, who will just end up taking half of the money that I need for future health expenses. I want to fight this on my own.
ANY suggestions or help is welcome. Please. I have been researching as much as I can, but with my current disabilities,it is hard, as I focus almost all my attention and energy on my schoolwork and part-time job (which is a pain, but I absolutely need as much money as I can get to get health insurance right away). :(
Posted: Sun May 16, 2010 01:30 pm Post Subject:
Kara, first off so sorry for your misfortune, but very very happy it wasn't worse. I've been an adjuster for more than 20years, see people killed every month by less severe claims.
I KNOW I am getting ripped off by my insurance company.
not sure how you'd KNOW this, but remember this is subjective.I know that is what they do.
It's really not...But I am having a hard time coming up with an appropriate settlement return
Understandable, but re-read what you said...if 'you' can't put a number on this, who can?I feel I deserve way more money because this accident has increased my light-headedness (a form of anxiety) higher than ever. Moreover, I am graduating in about a week or two
I agree there was certainly a 'trauma' factor involved in your accident. But remember this adjuster is not your mom or best friend, they have to look at what's in front of them, (ie your records)...the arguement can (and I'm sure would) be made that you've suffered from anxiety and depression for years...without this accident, common sense would tell you that as you approach your final semester, and graduation anxiety levels would go up....your anxiety and depression were 'pre-existing' condition(s)...I don't doubt that your anxiety went up due to this wreck...but so would anyones...the depression? well I'd expect that as well especially with the mix of psych drugs, AND opitates...what I'm saying is you are going to have a really tough time PROVING (and you HAVE to prove it), that this part of your claim was due to the accident...Moreover, I am graduating in about a week or two, will have no health insurance, no job, no place to live
What does this have to do with the accident though? (congrats by the way on your graduation!)I plan to move back in with my mother, but I feel I deserve compensation for future neck/back pain,
Most carriers won't 'bite' on this...if you are having neck/back issues still then you shouldn't be settling until you are healed, or as good as you're going to get. Some will provide an open-ended release with 'x' amount of money set back for future medical treatment only. But I thought your neck and back were ok now? If not what treatment are you getting for it?along with money to continue to treat my head and anxiety issues, which were all caused by this accident
I seriously doubt this will happen...and with a prior history of this..I'm almost certain it won't...they may cough up for another doc appt but doubt much more. Let me ask you a couple of things...just how long (prior) have you been treated for these? What has been done to treat you? Before and after this accident? What does your doc say? Why are you not better? Remember the carrier has every right to request and review (and probably already have) your medical records...what are they reading Kara?I just don't know how high to go.
Well honey, ask for your policy limit :wink: ...you won't get it, but you could ask...You need to be realistic about this...what do you want this money to do? Will getting this or any amount of money make you feel better? What will it take to get your life on track?My friend, who is studying pre-law at our university told me no way to take their ridiculous settlement, and said I could go so much higher
Becareful about advise from people that have zero understanding of claims....I don't want to get an attorney, who will just end up taking half of the money that I need for future health expenses. I want to fight this on my own.
They'll get at least a third..ANY suggestions or help is welcome. Please. I have been researching as much as I can, but with my current disabilities,it is hard, as I focus almost all my attention and energy on my schoolwork and part-time job (which is a pain, but I absolutely need as much money as I can get to get health insurance right away).
IMO, you need to do some soul searching on the way to getting this claim settled. You can counter as high as you want, doesn't mean you'll get it....but then that's where negotiations begin..YOU need to decide what YOU think this claim is worth, realistically.I hope I don't sound too harsh, and reading back thru my post I doubt I've helped you and this pains me. I'm truely sorry for your accident, and all the suffering you have and have had...but clearly whatever you're doing isn't working....maybe you should be looking at alternative treatment? Some times life just stinks, and that's all there is to it...it doesn't always have to be someone elses fault. That's not to say that I don't think you're due a settlement I do....but I think you are 'graying' some lines between what is accident related and what is not.
Posted: Mon May 17, 2010 06:52 am Post Subject:
You state that this accident caused your prior anxiety to become worse and your meds stopped working. I'm guessing you sought treatment for this or mentioned it to your treating doctor? If not, why not? If you sought treatment for anxiety after the accident there should be bills from this doctor as well. Are there? What I'm guessing at is the following, is there any documentation to support this portion of your injury claim? If not, I think you can see it would be difficult to convince anyone that it existed. This sounds like the biggest part of your claim, compared to the soft tissue injury you mention.
You seem to indicate that you will need follow up medical treatment. If this supported by doctors notes? If no, will a treating doctor confirm this in writing?
It's all about supporting documentation. If you pay an attorney to represent you, this is what they would be getting.
Have you explained all of this information to the adjuster? Perhaps written it down and sent it with a letter asking for x amount of dollars?
Keep in mind that their offer of $11,000 is a first offer. I have little doubt that this amount will do nothing but go up. You will need to negotiate a settlement with the adjuster. You also need to keep in mind that your insurance is taking the place of the other person's insurance. As such, you may need to remind your insurance company that a jury is not going to at all pleased to hear that the person who caused your injury was an illegal immigrant without insurance. It probably would not be hard to find several people on a jury who are a little "upset" with this scenario. As such, they could award you a lot more money just based on that situation. You may want to mention this to the adjuster. Please understand that you are attempting to convince the adjuster that your claim is worth a whole lot more... but you also need to explain why. When attorneys negotiate they put their game face on and "act" like their clients claim is worth $10,000,000 and that any jury is going to agree.
Posted: Mon May 17, 2010 07:59 am Post Subject:
I KNOW I am getting ripped off by my insurance company. I know that is what they do.
Sorry, but you're misinformed. Granted, insurance companies are in business to make money. So is McDonald's. McDonald's makes money by selling fried dead cow parts stuck between two halves of a bun. Insurance companies make money trading your risk for theirs.
Does McDonald's stays in business because they serve a great hamburger, or because people apparently don't mind being ripped off? To be honest, neither is true.
Insurance companies stay in business by paying claims, not by ripping people off. If insurance companies took peoples' money, and never paid any claims, two things would happen. (1) The word would get around and people would stop doing business with them, and (2) the state insurance regulators would put them out of business.
But I am having a hard time coming up with an appropriate settlement return. I feel I deserve way more money
If that's true, you just have to determine what you believe your injuries are worth, and then prove it. You've probably never had solid, full time employment, so you have no idea what your "economic value" is. That being the case, multiply the federal minimum wage by the number of hours you could not have worked (if you had been employed), and that's your loss.
200 hours? 1,000 hours? 10,000 hours? Those number would translate into $1550, $7750, and $77,500.
What sounds reasonable to me, might not sound reasonable to you. But I would think that having all my medical expenses paid plus another $5000 - $7500 in the bank would be more than generous.
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