by Guest » Tue Jan 17, 2012 05:41 am
"I was involved in a head on collision with an elderly person . I negotiated with his insurance a property damage claim and attempting my injury claim where I suffered a broken hand and soft tissues injuries to neck, knee and shoulder. My medical bills and physical therapy are $26, 521 and last month I was diagnosed with carpal tunnel in the same hand I fractured from the accident. The ortho surgeon believes more than likely it was due to the car accident. I have decided on cortisone injections but he advised me that eventually surgery will be needed which will cost in excess of $3k. The at fault insurance adjuster's highest offer has been $10k exclusive of pip. I was outraged that they are not offering enough to pay my current medical bills.
Other facts:
1. I am a disabled 52 yr old type two diabetic with diabetic neuropathy in the both feet.
2. at fault driver cited for failure to yield the right of way and was also driving a toyota corolla that was part of the recall but he made no mention of it to the police.
3. Both parties vehicles (2010)were totalled in accident.
4. Both parties taken by ambulance at scene of accident.
5. At fault driver recently deceased in 2011.
6. At fault policy limits are $100k.
7. I have very detailed physician notes and letters indicating the carpal tunnel in my right hand is not due to my diabetes.
8. My insurance carrier has lien on my settlement.
9. Both parties reside in the state of Kentucky
I want to settle this on my own and trying to determine what would be a fair amount to ask for pain and suffering. I honestly feel that since I still will require surgery for the carpal tunnel syndrome and will have a permanent scar that my pain and suffery should be equal to the amount of my medical bills. So I am thinking of asking for $30 for pain and suffering and to date $26,251 for my medical bills
Any input on a fair amount or if my amount is excessive. or if I should get a attorney
Thanks"
Other facts:
1. I am a disabled 52 yr old type two diabetic with diabetic neuropathy in the both feet.
2. at fault driver cited for failure to yield the right of way and was also driving a toyota corolla that was part of the recall but he made no mention of it to the police.
3. Both parties vehicles (2010)were totalled in accident.
4. Both parties taken by ambulance at scene of accident.
5. At fault driver recently deceased in 2011.
6. At fault policy limits are $100k.
7. I have very detailed physician notes and letters indicating the carpal tunnel in my right hand is not due to my diabetes.
8. My insurance carrier has lien on my settlement.
9. Both parties reside in the state of Kentucky
I want to settle this on my own and trying to determine what would be a fair amount to ask for pain and suffering. I honestly feel that since I still will require surgery for the carpal tunnel syndrome and will have a permanent scar that my pain and suffery should be equal to the amount of my medical bills. So I am thinking of asking for $30 for pain and suffering and to date $26,251 for my medical bills
Any input on a fair amount or if my amount is excessive. or if I should get a attorney
Thanks"
Posted: Tue Jan 17, 2012 06:01 am Post Subject: help! part 2
Also my settlement for my vehicle was $24,104 I fought very hard for them to pay this amount and stuck to my guns on my vehicle worth since I had it less than 2 months.
Other facts
I have been disbled since 2008 due to my diabetes.
I feel the adjuster is using my diabetes as an out. They have requested medical bills back 5 years which I have provided. I have debated obtaining an attorney and/or seeking financial compensation from toyota (if possible) in the event the at fault insurance carrier uses the fact their insured's vehicle was part of the toyota sticky pedal recall. The accident happened in 2009.
Posted: Tue Jan 17, 2012 04:16 pm Post Subject:
Consult an attorney and try to settle this in the small claims court. The at-fault driver is dead so the only way to seek compensation is to settle it through his estate. You need to speed things up. Probate law will allow you (as a creditor) to file a claim for up to year (at least in the state of California) from the day the at-fault driver died. By the way, how is it that your insurance company has lien on your settlement? Just curious.
Posted: Tue Jan 17, 2012 10:41 pm Post Subject:
My health insurance carrier pip only paid for the first 10k .
Smalls claims court there is a max amount my lien from my health insurance carrier is over 25k
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