Insurance Settlement Problems

FstRyde03

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Hey guys just wanted to see if any of you work with insurance companies or have recently been involved in an insurance accident settlement, basically my insurance adjuster is being a real ass and beyond calling an attorney even though I hate them I don't know how else to proceed.

Background: I was involved in a hit and run about 18 months ago, my car was totaled (they paid me full price and them some for my cobra so I can't complain). As a result of the accident I suffered a herniated disk at L4 L5, another disc issue a little higher at T10 and 11, have pretty much daily back pain numbness and tingling in my legs and have to take three different prescriptions. Although I am feeling way better then I did and things seem to be looking up it's still a pain and it's affected my life big time as well as jobs that I can't now apply for the time being. I have paid for all my medical appointments with my own insurance through Kaiser.

The question I need answered and I know that it's not black and white is what is a fair settlement to ask for? The insurance lady basically said she's willing to pay me for 6 months of medical and pain and suffering even though I've been dealing with this crap for 18 months?? If she's offering me a few grand what do you realistically think she's willing to pay and settle for? My insurance policy has a $100,000 uninsured motorist amount and I know I'm not getting the full amount it's not like I was paralyzed or anything. I know I'm not going to accept her first offer but what's you opinion on what's reasonable?

Any opinions or ideas would be great, thanks all sorry for the long ass story.
 

speedsun

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A fair settlement I would say is 3 times the amount your medical bills are. At least that's what I asked for when I was in 2 major car accidents.
 

stang1971

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Hey guys just wanted to see if any of you work with insurance companies or have recently been involved in an insurance accident settlement, basically my insurance adjuster is being a real ass and beyond calling an attorney even though I hate them I don't know how else to proceed.

Background: I was involved in a hit and run about 18 months ago, my car was totaled (they paid me full price and them some for my cobra so I can't complain). As a result of the accident I suffered a herniated disk at L4 L5, another disc issue a little higher at T10 and 11, have pretty much daily back pain numbness and tingling in my legs and have to take three different prescriptions. Although I am feeling way better then I did and things seem to be looking up it's still a pain and it's affected my life big time as well as jobs that I can't now apply for the time being. I have paid for all my medical appointments with my own insurance through Kaiser.

The question I need answered and I know that it's not black and white is what is a fair settlement to ask for? The insurance lady basically said she's willing to pay me for 6 months of medical and pain and suffering even though I've been dealing with this crap for 18 months?? If she's offering me a few grand what do you realistically think she's willing to pay and settle for? My insurance policy has a $100,000 uninsured motorist amount and I know I'm not getting the full amount it's not like I was paralyzed or anything. I know I'm not going to accept her first offer but what's you opinion on what's reasonable?

Any opinions or ideas would be great, thanks all sorry for the long ass story.
i have been thru ALMOST the same thing.. In 09 i was hit by a uninsured motorist... i had 3 vehicles with 50,000 uninsured coverage...i hired a lawyer and it was by far the smartest thing i could have done. My insurance company did everything they could to find a reason to not pay me. Having a lawyer to take care of stuff was very smart. In the end my insurance company paid but i know without a lawyer i wouldnt have recieved much if anything.... HIRE A LAWYER... you will be glad you did....

btw in my case i had 15 broken bones and had internal bleeding.. Believe it or not i have very little side effects from it to this day. i did get $150,000..... my lawyer got a percent of it and i used the rest to pay off bills and stuff.
 
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ElscottHavoc

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Get a lawyer. A good attorney will get you more than you could yourself even without paying attorney fees most likely. Plus, it will be a huge weight off your shoulders as the lawyer will take care of a lot of stuff. The attorney will know a reasonable amount.

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Zemedici

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Lawyer up. I was rear ended in 2009 when I was stopped by a van doing 50mph. It snapped my arm, screwed up my already bad back, and my knee actually broke the dashboard in the accident.

Took about 7 months of daily arguing with the insurance company, but when I threatened to get a lawyer they wrote me the check I was asking for (25,000)

Of course I had to pay medical bills with that, but that was in addition to them paying me for my totaled vehicle.
 

oldmodman

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It is imperative that you are represented by the very best personal injury attorney you can find.

It isn't only your medical bills. It is lifetime impairment, future and current medical expenses, recovery for all loss of earning capability, any and all future adjustments to your lifestyle, post accident.

Why do you think that the news is full of stories of multi million dollar settlements?
 

CobraBob

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Ditto to all who said get a good injury attorney. Your insurance company is NOT going to pay but the very bare minimum. That's the game that is played. A good attorney will get you a very very settlement. Ask me how I know. I was involved with a hit and run myself a few years ago. The driver's insurance company worked hard to pay me as little as possible for my medical treatments and pain & suffering. I could have gone to court and gotten a lot more (per my attorney's advice), but chose not to. We still got a decent settlement out of court. I would not have gotten anything for pain and suffering without an attorney in my particular case.
 

WHITESVTCOBRA

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at least your dealing with a car insurance company....I'm going through the same crap with workers comp insurance, and they state law to justify their pathetic excuse for compensation....
 

FstRyde03

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at least your dealing with a car insurance company....I'm going through the same crap with workers comp insurance, and they state law to justify their pathetic excuse for compensation....

Thanks all and yeah I hear ya man I've seen a close friend go through the workers comp thing they treat you like a liar and a jerk and you're a working man it's pathetic.
 

Poppacapp

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A fair settlement I would say is 3 times the amount your medical bills are. At least that's what I asked for when I was in 2 major car accidents.

Depending on the serverity, and long term complications of the injury, settlement can vary from 2-5x medical/lost wages costs

Get an attorney. Insurance companies don't want to pay out.

Wrong. If you educate yourself, you can do just as much as an attorney can. All they will do it file your receipts, and negotiate with the insurance company with what you could have done yourself. And to top it off rip you off for 33% of your settlement for doing next to nothing.

I was in a bad motorcycle accident in 09'. Trimalleolar fracture of my left ankle. Out of work over 1 year, 4 surgeries on same ankle within that year. I represented myself..had all my shit together, finished all of my medical treatment, got my paperwork together, and presented my package to the other person's adjuster handling my case(122pages mailed to him, plus CD-R with my MRI images/x-rays, along with spreadsheets I made with loss of wages, doctors office visits mileage etc etc etc.
My claim was substationally more than the liability limits on the other person's policy.. meaning if I wanted more, I would have to personally sue the other person, and go after personal property.
The insurance adjuster could see(throughout the process), that I would not be taken lightly. There was no negotiating.. based on the sheer thorough data that I presented to him, (which any person can do themselved WITHOUT an attorney) I received a check for the full amount that the insurance company was liable for.

Long story short, if you can use a file folder, and put papers in that file folder, and wait until full medical treatment is completed before settlement, then anyone can represent themselves.

In OP's case, it's dealing with his own insurance company, and the situation may be slightly different. But the comments on here saying a lawyer can get you more money is bullshit.

I think it's rediculous for an attorney to charge someone 33% of their settlement to do nothing more that be a file cabinet for them, and negotiate no more than the person themselves could do. People just get "scared" by the whole situation.

medical issues = attorney or they will not take you serious

Wrong.

Get a lawyer. A good attorney will get you more than you could yourself even without paying attorney fees most likely. Plus, it will be a huge weight off your shoulders as the lawyer will take care of a lot of stuff. The attorney will know a reasonable amount.

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Wrong. The only benefit to an attorney is is full court action is needed.

Ditto to all who said get a good injury attorney. Your insurance company is NOT going to pay but the very bare minimum. That's the game that is played. A good attorney will get you a very very settlement. Ask me how I know. I was involved with a hit and run myself a few years ago. The driver's insurance company worked hard to pay me as little as possible for my medical treatments and pain & suffering. I could have gone to court and gotten a lot more (per my attorney's advice), but chose not to. We still got a decent settlement out of court. I would not have gotten anything for pain and suffering without an attorney in my particular case.

Sorry you had that happen to you. But you also paid for your lawyers vacation when you didn't need to. Being out of work for a year with an elevated leg tends to allow for alot of time to research things.

To the OP.. good luck either way. But do some research online on what you SHOULD be owed in this particular situation.
 

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