I know this should be in a different forum, but I need for the inquiry to get more exposure. I was rearended last sept. 14, in my destroyed cobra(now), buy a drunk driver who refused to speak english, and had no insurance, on his king ranch 4x4 4 door f150. Speed approx 55mph. My insurance has paid for all medical bills, including physical therapy, and gave me a decent settlement for the modified cobra, since you can't just find one anywhere. Which is how I ended up with the 04 crossfire. Now that all medical treatment has ended they are wanting to settle for pain and suffering. Their offer was 5000. I really don't want to envolve an attorney, since we have had the same insurance for a long time, and we have been treated pretty good so far. Does anybody have experience in this matter? What should I realistically counter offer? Looking online 5000 for whiplash seems to be a decent amount, but why would they start at 5000, expecting me to counter offer. If anybody can help me with this, it would be greatly appreciated. More money, more mods. Thanks, chris

 

They probably expect to give you around 10K. That is why they started at 5K.

 

How old are you?
You could have problems from this for the rest of your life.
Look into pain treatment costs for upper back and neck problems through various insurance companies, online and in person.
My epidural cost $2500.00 and I have to have one every sixty days. I will eventually have to have surgery.
(seven years have passed doing this)

I would shop around for some medical advice concerning long term care.

What you are wanting from them is a cash form of insurance that you can reach into when and if you have an unwanted surprise in the future.

It is a gamble on your part to trade off some wellbeing of your future. They are asking what will you need and you can't tell them, so you are suppose to watch out for yourself.
You are going to negociate that so that their insurance(in the form of this money settlement) will be there for you in times of unexpected pain and suffering which is the very nature of the spine and it's condition after any type injury.

Their insurance shouldn't have to do this , but if it happens enough maybe these big companies will lobby this government to do something about the death and havoc we now have in the USA. This is happening in communities all over and so far it doesn't matter to anyone. If you or I did this to someone , we would be ruined financially.

Remember; when they speak of pain and suffering they are not talking about what you have gone through, they are including what you may go through.

In your shoes , I would have my best two doctors determine what the odds are that I will or will not ever have a problem again, and then I would negotiate a larger settlement or keep the file open for a specified period of time before comng to an amount. They brought it up because they know your neck is a ticking time bomb. If you sign off , it is over.

Good luck,
PP

 

IMHO: DOnt sign until youhave an attorney.

Attorneys dont cost, they save and are self funding. YOu will be able to recieve more than you are offered. They are often compensated for the work with a fee of about 30%. The initial conference is without charge IF THEY ARE THE PEOPLE THAT YOU WANT TO TALK TO. If they want to get money up front, then leave them wanting.

I had my truck totaled by a "hill jumper" and the attorney handled the whole deal saving me hassel. If you dont get some information, then you are responsible for your self. THere are many incidences of people having long term issues DOWN THE ROAD. Be informed, choose wisely.

Woody

 

Unfortunately my PCP is out of the area now, and I have not had a need yet to find another. I'll give the physical therapist that did my rehab a call, concerning possible problems in the future. I had met with an attorney during my rehab, and he felt that he could help. Nothing up front, and the % he would make, of course depended on how long this was drawn out, and wether or not a trial was necessary. If it went to that point, I think his fee was 45%. I probably should have taken time off from work, but I was too stubburn to do so. Everyone that has mentioned whiplash healing time, told me to expect 2.5 to 3 months. And that was how long the initial pain lasted. During that time I was really concerned that it would never go away. Some of my family members suggested that I go after the driver as well, but I did not think anything would come from it. I know the city had an additional charge against him, but wouldn't give me a copy of the entire police report, on file with them, just the hand written copy from the officer that responded to the scene. I do know that his expired insurance was from brownsville tx. I have a cousin that is a cop, that could possibly do some digging, but I would hate to get him in trouble if he got caught. Ok this is starting to stress me out, better get back to the bud light. thanks, chris

oh I'm 32 years old.

 

Reputable lawyers are going to charge you about one-third plus expenses no matter how long it takes (which is where the expenses can accumulate if there are expenses...).

Charges against any person are a matter for public record. You need to go to the court house and file a request but you have every right to get the charges and disposition. We still live in a democracy.

You have a pretty long time to recover medically and see if the problems after the accident go away or persist. If you are not 100% healthy don't settle - your doctor can help you defend waiting, and the state has laws about how long you are allowed to wait.

I got hit by a car when I was a kid. The guy who hit me got out, looked at me lying in the road and asked me if I was OK. I said "I think so..." and he drove away and left me there. We never knew who he was (scumbag) and years later when my brother almost got killed getting off a school bus (drunken scumbag hit him) my parents told the lawyer about what happened to me.

Turns out my Dad's insurance covered uninsured motorists and his agent lied to him when he asked about coverage for my incident. The lawyer handling my brothers case checked into it and in the end I got way more than you're being offered and that was ten years after I got hit. (I'm a bit of a jackass but that's not considered a medical outcome of being hit by the car so I guess I have to live with that... )

Know your rights. And don't let the insurance company give you advice - they're NOT on your side no matter what they say. You can't lie to them or file a false claim, but they can pretty much tell you anything they want as long as they don't outright lie to you. Listen to how they talk to you - "We'd like to offer you $xxxx to settle your case." Sure, they'd like to... But they're not being Santa Claus. They "managing cost". You're a bill.

They're haggling with your for the lowest settlement they can get. And the minute you sign the check, they're legally free of any future liability, no matter how crippled you wake up the next day. Sorry for the dark sentiment but that's just the way it is.

 

When considering the possibility (very real) of having neck/spine problems for the rest of your life......$5000 seems a little low! Look at it this way.......your neck is only worth 5k?


I'd absolutely go after the driver as well! In my eyes that's half the problem with this country anymore......the lack of personal accountability.

Consult a lawyer.

 

Get a lawyer but also check into the uninsured/underinsured portion of your policy. If you have decent limits you can get that full amount. Remember, once you take a settlement you can't go after the other guy again. If he had a nice truck odds are he has other assets.

 

PPRO : How well written, full of info and spot on...............Kudos, Woody

 

I agree, a friends lawyer told him not to sign anything until he was absolutely sure that every matter was covered completely and he was satisfied. It is in the other parties best interest to get you to sign ASAP, it is not in your best interest at all.

 

I would also point out that just because your insurance company has helped you out so far, doesn't mean that when the time comes when you really need them to come through for you, they will be there. Just keep in mind insurance companies, although they supposedly are there to help you, will not think twice about not covering you or your wife for whatever reason that violates policy. You have just been fortunate so far every problem you have had has been covered by your policy. Millions of Americans are turned away from hospitals every year or forced to take a cheaper treatment that won't solve their problem because their insurance does not cover the treatment they need.

I guess my point is think of your insurance company not as someone who is helping you out of kindness, but rather a business machine that accepts and rejects claims based on policy and who might cover you today and might bail on you tomorrow.

 

ppro sorry to hear about your past experiences! I called the physical therapist today, and of course she couldn't guarantee no more problems, but how my therapy went, and the condition I had improved to during therapy, led her to believe I should not have anymore problems. When reffering to uninsured motorists, would the max limit include compensation for the car, and all medical so far? I believe I have 5 years to go after the other driver, and 10 years to reach a settlement. From the few people I have talked to 5000 was alot more than they recieved. I'll try to find my policy and see what it says. The thing that really gets me is that I can't talk someone in person, just someone at a desk, with my file, waiting to get it off of his desk. PPRO what do I specifically have to ask for at the courthouse. The prosecutor wouldn't even give me a copy of the police report, or charges against the guy who hit me. This whole thing really blows. Thanks everyone, chris