[Dona]

I just got a call from the adjuster who is representing the "other" driver who caused my accident. She said "we got the police report today and we'd like to pay for the repairs to your car, under so-in-so's policy". Well, I may be a dumb blonde but I KNOW what that meant....they deemed it 100% her fault and it is going against her policy, NOT mine, which is the way it SHOULD be anyway!! They are coming out to inspect the damage, cut me a check, etc., and then once it's up on a rack at the collision repair shop, they will go over the underside with the repair team, noting any additional damage and paying for that directly to the repair shop.

Now, about the medical part. She explained that after I've gone to the doctor and when I FEEL I'm ready to sign a release (I know what this is) then I could bring all the receipts for medical, treatment, bills, etc., to their office, we would sit down and they would (her words here) "settle this claim with you and give you the amount we all agree upon". Now, I'm not quite sure, but what exactly do they mean by that? When I spoke with my mom a week after the accident, my left side of my neck was still giving me fits and she said "make sure you make them pay you for that, you have pain and suffering because of her"...but, I didn't think they would just shell out money for that, how can you put a price tag on that?? Is that what this adjuster was referring to when she said we would all sit down and find an amount we (mainly I) agreed upon? Otherwise, I'm thinking they would just write a check for the bills, treatment, etc., in which case, we wouldn't need to discuss an "amount" as it would all be totaled up in the receipts.

I sure hope I asked that right...just wanted to make sure what she meant. I KNOW I will not even settle until I feel I won't have any more pain, or I can live with it and just want to settle. It's mostly an annoying pain right now, a steady, dull ache, in the left side!

Thanks to everybody for reading this and also, for any light you can shed on this....

Bubbles

 

[5111]

Make sure that they pay for your car first, then get a lawyer to set the price. He will probably screw them, but at least you won't get screwed. Of course, he will probably want to sue.

 

[H1RESQ]

Bubbles,

You got hit??????

Where was I?

When did it happen?

Are you OK?

 

[TBBullitt]

Car repair is pretty cut and dry. On the medical though, I would suggest getting a reputable ambulance chaser to represent you (on a contingent basis). The insurance company will probably settle for whatever he/she asks. Personal Injury is tricky, especially in fender benders because some of the effects (and medical expenses) can not show up for a while and linger for the rest of your life, and once you sign the settlement, you can't get any more. You may have to pony up the cash for an MRI though (I remember more than I thought from that month as a contract paralegal for the ambulance chaser), which will be recovered in any settlement. Again, I highly recommend consulting an Ambulance Chaser, they are the experts.

Good Luck

 

[jsg660]

Hi Dona. First I'm sorry to hear about your accident. I've been in the insurance/litigation biz for quite some time. I would strongly advise you to NOT sign any kind of release. You could potentially be treating for any injuries you sustained as a result of the acident for quite some time. The company may be looking to avoid a law suit or keep down the value of any bodily injury claim you may make. You can do one of two things-consult with a lawyer and go ahead and file a suit or wait until you feel you 100% before settling your claim with them on your own. An attorney will get anywhere from 33% to 40% of your settlement on a contingency fee basis. Good luck.

 

[beefmd]

One word: attorney. I would strongly advise against signing anything before you have counseled a lawyer. Just a simple letter from a law office is usually enough to let the insurance company know you mean business and cannot be bullied around. Hope you and your car feel better soon.

 

[Dona]

Hi all and thanks for the posts and advise.

Unfortunately, I don't know any lawyers here or how to find one. You mention Ambulance Chasers, but do you know how I'd go about finding the best possible lawyer I can?? Of course, I see the commercials ALL the time about this kind of thing...but I also heard those guys are "kooks" and to not call them. I am really in the dark here and need all the assistance I can get...any advice on where to go, where to look or what to look for in a lawyer would be greatly appreciated.

The lady who called me was very, very nice and actually urged me to get medical care, etc., and save all receipts. I know it costs them less to sit down and "settle" with me and I assume they would prefer it. And, I guess when I think of getting a lawyer, I tend to believe that is for when you feel you are getting screwed...but this lady was very, very nice about it all...so, I don't feel "screwed". I'm sure with an attorney I'd get more out of it, but I'm not a greedy person, but if I am to have a constant neck pain, then yes, I want to be compensated for the long term pain of it all and not settle for less.

H1RESQ - Yes, I was in a wreck on Feb. 28th....one street over from mine....I posted it, I'll find the post and link it for you.

Bubbles

 

[01GTCOUPE]

Dona, please do not take this the wrong way. I feel that you are not qualified to represent yourself in this case. You really need an attorney to represent you and preserve your rights. The attorneys fees will be more than offset by the service and peace of mind that you receive. Your receipt of damages could likely be ten-fold what the insurance company offers.

Also, DO NOT TALK TO THAT INSURANCE COMPANY DIRECTLY AGAIN. Inform them that they must contact you through your attorney. The person on the other end of the phone is paid to be "very, very, nice," but represents the interest of the insurance company. Your interests are the LAST thing on their minds. Do no mince words or sign anything with them without adequate legal representation. They will use your kind and forgiving nature against you in any way possible.

I have taken the liberty of contacting an attorney friend and asked him how to go about selecting a qualified attorney on your own. I live in PA, we can't help you. But I'd like to know if he can suggest how to reach a good lawyer, no matter where you live.

Good luck, be patient, and I hope you and the Bullitt do well.

_________________
DHG #2095

<font size=-1>[ This Message was edited by: 01GTCOUPE on 2002-03-15 16:53 ]</font>

 

[Lou6969]

Donna - Look in the Yellow pages under LAWYERS for the local Bar association or a Lawyer Referral Service. They should be able to recommend a Personal Injury lawyer in your area.

Someone stated before - The lady from the insurance company is paid to be your friend. She is paid by the insurance company and her job is to get you to sign the release. Sure she will throw a few thousand $$$ at you, but once you sign the release, you will have no future claims for injury and she will move on the the next case.

You really need to find legal representation.

 

[Blakwing]

Hi Dona..
IMHO.. stay away from TV ad lawyers. These guys usually have a team of rapid fire, quick and dirty assembly line lawyers looking to scoot as many claimants in and out of their doors as possible. A Lawyer is a must however.
The insurance company ask about your injuries and most Firms have a specified amount for any type of injury..
3000 for a knee.. 1000 for a thumb.. 1500 for a middle toe and so on and so forth. But with a neck injury you'll want to see at LEAST 3 different specialists. I made the mistake of settling with my old job when I was 19 for $13000 for a pretty bad knee injury. $13k to a teenager is a lot of scratch.. but it's now an ongoing problem for me and will require surgery someday, it's just a matter of time.. unfortunately this will have to come out of my own pocket as I accepted the settlement. When you accept the settlement you sign away your rights to future claim. So you're going to want to be absoluetly certain that your injury isn't severe and WON'T give you trouble later in life. That's why you need to see a few experts to be sure. Just be sure you have your bases covered.

_________________
Blakwing

2001 DHG Bullitt #171
100mm Densecharger
Steeda Tri-Ax w/MGW handle
Interior by MGW.

<font size=-1>[ This Message was edited by: Blakwing on 2002-03-15 18:05 ]</font>

 

[Dona]

Thanks again for all the posts, I really appreciate it as I said, I don't know where to look for a good lawyer. Yes, I know where to find lawyers in the Yellow Pages...but a GOOD one? Haven't a clue. I won't talk to the insurance lady again...well, I DO have to talk to her again because...IMHO...I believe I should be given a rental car AT NO CHARGE to use while Bulletta is in for repairs. I have rental car under my policy and they only pay 80% a day...that's not good enough. She is 100% the reason I'll be without a car, she should pay 100% or her insurance. So, that is the only reason I need to call this lady back. I KNOW they want to settle without an attorney, but for me, I have to have an attorney who will not require $$ up front....I can't do that, not right now.
WHEN I get an attorney and use him/her services, does this mean that I can NOT ask the insurance (other lady's) to pay my medical bills, prescription charges, office fee visits, etc? I mean, will all this be included in what the attorney will ask for or will it be above and beyond (in addition to) what an attorney will ask for? Just wondering....also, MY agent said I could submit all receipts to them for medical payments out of MY policy as well...DO I do this or not?? My agent ALSO told me that I could submit all my medical bills to BOTH insurances and be paid twice....is this so?? Help a poor soul who hasn't a clue what to do! IF you want to e-mail me, that's good too!

Thanks for the help!!!

 

[beefmd]

Hey Dona:

I am not an attorney, so please do not take what I say as holy writ, but I do deal with attorneys a lot and have many who are friends. If you were in LA I would have no trouble recommending a good one. If anyone reads this and finds what I say inaccurate, please speak up.

First off, aside from jumping to the yellow pages and picking the biggest ad or calling a TV hack, there should be some sort of consumer referral service that you can use, probably the local office of the American Bar Association is a great start. The second thing you may want to do to start your search is just start asking your friends for referrals. I would just try to make it an expedient process.

As far as dealing with the insruance company, do keep in mind as others said that they want to settle with you as quickly as possible and with as little damage to their pocket. Again, the nice lady's job is to be ingratiating, calming, soothing and placative. She will tell you what you want to hear. I would not contact them again until you retained counsel and then have your attorney deal with them. The rental car issue is a minor item and will be included in the cost of your final settlement.

We all know that you are not out to be litigious and greedy, but you have to protect your rights. A neck injury is a very serious ordeal that can have long-term effects that cannot be readily seen or quantified, therefore it is important that you not only be compensated for your current pain and suffering, but also for your future difficulties, if any. My friends that have been in similar situations have seen average settlements ON TOP OF all repairs, medical bills, rental cars, etc. of $25,000 to $50,000. That is all done with a couple of letters and phone calls. I would say that 90% of the time, none of this goes to court. It is an ordeal that you have little involvement in aside from the hassle of car repairs and doctor visits.

So, I hope that gives you a little more food for thought. If you want to pick my brain some more, shoot me an email.

Joshua

 

[Dona]

Joshua - I just "shot" you that e-mail!! LOL

Thanks for the post, it's very helpful!!!

Bubbles

 

[roushraven99]

Hello Dona,

I sympathize with you in your struggle with doing what you feel is reasonable versus going the litigation route. I have a brother who is a lawyer and he, just like everyone else, suggests that you seek the counsel of an attorney. You mentioned not being able to find one in your area so here is a place to start www.lawyers.com Try the search function to get ideas. All the best --- Arthur

 

[donwil]

Dona,

You seem to be intelligent enough to handle this as you are asking the right questions. Be concerned, very concerned for the lasting effects to your neck and/or spine. I went through this when I was rear-ended by a drunk driver. No he did not have any insurance so mine had to pay up under the un-insured/under-insured part of my policy. Luckily we have an Attorney at work and he gave me some direction on what to do and not to do.

1. Document EVERYTHING, all conversations, dates, times, etc...

2. Do NOT settle for an answer by one doctor. They kept telling me that nothing was wrong and that my neck would heal over time. Well after 8 months of re-hab (what a joke and waste of money) I went to a Neurologist and had an MRI done. Well it will never heal as I have two partially ruptured discs. Only surgery will resolve this. Weather changes do affect me now in these ruptured areas.

3. Be careful if they try sending you to a Chiropractor as most/all don't have the technology to determine any deep damage. See #2 above.

4. BE PATIENT.... It is better to listen and not react emotionally. This was real tough for me, as my own insurance company was trying to ROYALLY SCREW ME, State Farm, not my agent but THE company claims rep. No longer with SF because of this.

5. Get as much free advise as you can. What I ended up settling on is 3-4 times my meds. Well this exceeded my total coverage so I maxed out on the amount my insurance had to legally pay.

6. Be sure that you use their insurance for meds because if you use your insurance there will be a subrogation settlement for your insurance to get repaid.


I did this with the advise of our company Attny and did not have to pay one for any services. If you HAVE to use one be sure you understand that they will get a significant piece of your settlement. Weigh the options. The BALL is completely in your hands. Don't let them pressure you to settle. Get informed and play their game. Good luck.

If you need more details let me know as I still have all my records with exactly what steps I took.

 

[scottmartin]

hi if you need a referral email me at [email protected] i have a kansas city lawyer who can help. he is very good and ethical. if you are injured you need help. good luck to you.

 

[Stan]

Dona,

Please, please, please tell me you used an attorney when you purchased your home. If so, perhaps he or she can be of assistance to you here. If not, ask anyone and everyone whose opinion you value if he or she can offer you any recommendations.

[To address any soon-to-be home/property owner Bullittheads here, I believe not having a JD represent you in such transactions is a HUGE tactical error that could cost you megaamounts of $$$ and grief down the road. Don't believe me? Then - right this very minute - go check out the "property dispute" section of your local law library! I would bet it is no less than 2nd (possibly behind contract litigation)
in size of quantity of cases past or ongoing. By the way, representatives of mortgage lenders, title insurance companies, etc. are also, in many cases, paid to be very nice to you and can be singing different tunes if/when the [email protected]#$ hits the fan.]

Happy Saturday!

 

[MrStangman]

Hi Dona I agree with all of the post above that I have read . DO NOT ACCEPT ANY SETTLEMENT OFFERS. I am not a legal expert. I would only like to re-iterate whats been said. While you are in the process of finding a good honest lawyer, document everything.Your pain when, where and how it occurs. Dates,times, places, phone conversations, Put it in a journal for the actual settlement time. Let me tell you this much. Insurance companies are in business to make money. We all take out policies that come with terms and conditions and limitations. That all has a dollar amount associated with it . The insurance companies are watching that dollar amount in terms of profit and losses. They all want to settle quickly,cuz the longer a claim is open,the more it effects them in terms of profit and loss for the company. I do not mean to sound cold about it, thats just business. Take control of the situation . do not let the situation control you. Relax the best you can and have patience. The insurance settlement process[property, and personal injury] is just that a process that everyone goes through when they have an accident. Best wishes for a full recovery for the both of you .

 

[Dona]

Thank you ALL for the new posts, I am very appreciative of all the suggestions and advise. I just recently started writing down how I feel and when....I am having headaches daily, which isn't usual for me...and I still have the place on the back of my neck, left side, the hurts nearly every day. I'm in to see my doctor this week. He's very good, so we shall see.

I also have a number to call from the ABA referral service to find an attorney....IF it doesn't work, I'll give you a holler!!

Oh, about an attorney when we bought this house?? Well, my husband had this big house built before I met him...so, I don't know about that. It was his dream house and he had it finished about 9 months before he and I met!

Thanks again!
Dona