by Oneloveonelyfe » Wed Aug 25, 2010 03:19 am
On June 9, 2010 I was stopped at a red fire station light. I watched the fire truck start to exit it's driveway when it stopped and laid into his horn. I looked into my rear-view mirror to see what he was honking at and then bam I was rear ended. I had been stopped for about 10 seconds before I was hit. The speed limit on that road is 45mph and the firemen who were witnesses said she came flying down the hill. She was cited for inattentive driving and only had an intermediate license. My car was totaled and so was hers. I took myself to the er 2 hours later as the pain started to seriously increase. I was diagnosed with neck sprain and back sprain. 2 days later I returned to the er after trying to help carry in groceries and heard a pop in my back followed by a stabbing pain. The diagnosis was Myofascial strain lumbar. A day later I returned to the er with a severe headache, making me nauseous and dizzy. The diagnosis was tension headache. I followed up with a clinic and they prescribed me chiropractic therapy. I received chiropractic therapy every day for 3 weeks. Then 3 times a week for another 3 weeks and since then have been going for two times a week. Following the accident the doctor gave me a release from work for 3 weeks. Her insurance company has sent me a letter accepting fault. At this point the pain in my neck is gone and the pain in my lower back comes only when I put my body under load (standing for long periods or doing moderate to hard work). I have been a cement mason for the last ten years and I don't feel that I can do continue doing that type of work unless I'm willing to do it in pain. So I've enrolled in school and start next month for automotive technology. I have gotten all paperwork (bills, er discharge, police report and all that would be needed) just in case I seek an attorney. I am sure that her insurance company will low-ball, but would just like an idea on what a fair counter demand would be for my settlement. I have suffered mental anguish over many aspects and have documented them all. From not being able to interact normally with my 2 year old son to depression from financial worries for being out of work during the 3 weeks to what will I do if I can't do concrete anymore (it's all I know). I'm not some greedy dude but feel I do deserve something as this accident HAS affected my life in many ways. My medical bills are close to $10,000. Sorry I wrote too much, just wanted to give a info so that whoever responds can respond more accurately. Thank you for your time. Brandon
Posted: Wed Jun 12, 2013 02:18 pm Post Subject:
I agree with the above stated reply, you need to provide evidence of medical test in order to proof who suffered in the accident.
Posted: Wed Jun 12, 2013 02:54 pm Post Subject:
you've got to show proof of medical verification else it's difficult to prove who suffered in the accident
Actually, it's more important to be aware of the statute of limitations. Since this apparently happened more than two years ago, it could be that no case could be taken to court, and the OP would have to settle for whatever the insurance company chose to pay, which could be $0.The hysterectomy is probably entirely unrelated to the accident.
you need to provide evidence of medical test in order to proof who suffered in the accident.
As for rblack's agreement with patriciasanders . . . that's just an example of the blind following the clueless.Posted: Fri Aug 09, 2013 02:22 am Post Subject: was a passenger
Was a passenger in a van, driver fell asleep, I was tossed all over van when we wrecked doing 70mph, flipped and rolled. Van is totaled, I have 11 000 worth of medical bills I had ct scans, 9 x rays, and pt, therapy, contusion that made me not walk for three weeks and its still there after 4 months, healing slowly. What do you feel is fair demand on my first letter to settle. BTW Missed 4 weeks of work at 750 a week Thanks
Posted: Fri Aug 09, 2013 12:49 pm Post Subject:
This is a negligence claim against the driver/owner of the vehicle. The amount of insurance available might not even cover your actual damages, let alone any damages for "pain and suffering," So you need to answer (or find the answer to) some additional questions.
Do you know what the limit of liability for the driver/owner's bodily injury liability coverage is? For example, CA uses "split limits" as do many other states, and here the minimum requirement is "15/30" -- $15,000 per person, $30,000 per accident. Your medical expenses ($11,000) and lost wages ($3,000) would consume nearly all of the $15,000, leaving just $1,000 available for pain and suffering.
You are almost certainly headed to court on this. You need to consult with a personal injury attorney, who should ask, at a minimum, the following questions. Understand, however, that an attorney will take, at a minimum, 30% to 40% of your settlement or jury award. And your ability to collect any amount beyond what is covered by insurance is limited to what the driver/owner of the vehicle has in cash or other assets which can be liquidated, as well as by the claims of any other persons injured in the same accident.
What portion of your medical expenses, if any, have been paid for by your own health insurance? [You must repay those expenses to your health insurance company from the recovery you obtain.]
Were there other passengers in the vehicle who also suffered injuries? Were any of their injuries worse than yours?
When do you expect your medical treatments to end? [You should not attempt to settle your claim until treatments are concluded, or unless you know what more needs to happen.]
What do you think your damages are worth? [No one here can answer that question for you . . . there is no magic formula to make that determination. Many attorneys simply multiply actual ("special" or "specific") damages by two or three because they know insurance companies will probably agree to that as "general" damages ("pain and suffering", loss of consortium, etc.).]
How much less than what you think your damages are worth would you be willing to accept as payment in full (minus the 30%+ the attorney will take off the top before you see $0.01)?
A personal injury attorney will also look to see if there are any "deep pockets" to tap. is the vehicle manufacturer liable for something? Is the state (or any other party) responsible for anything?
If you use the special damages x 2 (or 3), you're looking at about $50,000 to $75,000, total: $11,000 to your health insurance company, $3,000+ for your lost wage = $14,000. 2 x $14,000 = $28,000 (3 x $14,000 = $42,000). Add the attorney's cut = $13,000 to $18,,000 and you get a total of $52,000 to $74,000. Into your pocket will go the $3,000 + the $28,000 to $42,000. But if you have suffered a permanent disability, it could be "worth" far more than that.
But most people don't do the math that way. Instead they (or their attorney) ask for, and often get, $50,000, pay the attorney $15,000, the health insurance company $11,000, and deposit $14,000 in the bank. Who won that pissing contest? Could you write a coherent (meaning leave out all of the emotional baggage and stick strictly to the facts) demand letter and collect the $31,000 to $45,000 on your own?
Probably. Unfortunately, most people never try. They listen to the junk PI attorneys say in their radio and TV ads that lead them to believe the insurance companies are evil and don't pay claims. For the most part, neither of those two statements is true.
What are you willing to do? Feel up to writing a letter on your own or hiring an attorney and paying him/her $15,000 to write the same letter?
Posted: Fri Aug 09, 2013 08:15 pm Post Subject: thanks...
25 000 is the coverage, it was a family member so I wont sue of course I am the only one hurt I am guessing I can ask for the difference between the medical bills and what left up to 25 000? is that correct? insurance has been good so far, and yes willing to write letter myself
Posted: Sat Aug 10, 2013 06:54 pm Post Subject:
it was a family member
What do you mean by this? Under certain circumstances, such as when the other party is a spouse or child, the insurance company would pay $0.You have left out enough important details that trying to answer may be more wrong than right. Post the proper details.
Posted: Sat Aug 10, 2013 10:21 pm Post Subject: accident
it was my x wife, gave me a ride home after surgery, we don't have same policy, live together nothing. she fell asleep at the wheel and almost killed me, no pain and suffering from her policy?
Posted: Sat Aug 10, 2013 10:39 pm Post Subject:
So was it a "family member" or an "ex-wife". The two are not usually one in the same.
If an ex-wife, then you are entitled to recovery as long as you do not share the same household. If the policy limit is $25,000 and you don't intend to seek a larger amount, then that's what you make your claim for and hold out for. If you involve an attorney, you will give up $8300+ for something you can handle on your own.
Now, the good news is this: If you press a claim for $25,000 -- the policy limit of liability -- and the insurance company refuses to settle for that amount, then you have a free pass to sue for $$ infinity. Case law in virtually every state will pin the excess judgment on the insurance company when it fails to limit its insured's exposure to a greater loss by "tendering" the policy limits as settlement in full.
The problem you face is your ex-wife. There could be the basis for "collusion" between the two of you to conspire to extort the insurance company for mega-bucks and split the proceeds. That would be a crime, as your ex-wife would have no entitlement to any of that money.
If you need some additional coaching on filing/pursuing a claim, email me.
Posted: Sun Aug 11, 2013 03:41 pm Post Subject:
Case law in virtually every state will pin the excess judgment on the insurance company when it fails to limit its insured's exposure to a greater loss by "tendering" the policy limits as settlement in full.
Actually there are very few states that allow for third party bad faith claims. What usually happens is the insured gets an excess judgement and then the _insured_ sues their own carrier for the difference plus. The insured then uses this money to pay off the 3rd party judgement.
I can't tell you the number of times I've been threatened with this action. Plaintiff counsel loves to use this as a threat for the carrier to pay more.
it was a family member so I wont sue of course
If the insurance company does not make an offer you want to accept then you will.can ask for the difference between the medical bills and what left up to 25 000? is that correct?
Yes.... and you'd be crazy not to ask for the policy limits. Just guessing but your claim could easily be worth $17,000 - $20,000 (just a wild guess) and at that amount the carrier might as well just pay the extra $5,000 to avoid an excess verdict... heck, to avoid paying $15,000 - $30,000 more in defense costs.Personally, I'd just demand the policy limits and stick with that. Do you have Underinsured Motorist coverage?
Posted: Sat Aug 24, 2013 05:18 am Post Subject: car accident
Its been 13 days since car accident and im still having pain in my left shoulder and left shoulder blade i often have headaches at night and have to prop my arm up to rest st night my nerves are bad since the accident i recieved care st tge etr the day of the accident and was pkace on pain pills and to folliw doctor orders. is ut ojay for me to go to urgent care due ti still beibg in pain ir its toi late and how wld the insurance company settle this matter.
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