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Accident Settlement?

Started by calamari, January 11, 2006, 11:00:52 AM

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calamari

Well here's the deal. I really don't know how much to expect to get in settlement for an accident I was involved in some months ago in 2005. The thing is, I still have to go to rehab, but I haven't done so because of the lack of money... did not have medical insurance at the time of the accident and I've been working my way out of the medical bills I had since then, and I even used the money I received for my vehicle to pay for them (the vehicle was totaled).

So anyway, the settlement for the car was done and the moeny was used (in medical bills), and now the insurance agent keeps calling me wanting to settle the matter with little money. He's offering $700 for pain and suffering  :cookoo:

Now here's the thing: I got rear-ended while stopped. Things I noticed at the time was a very sharp pain on my neck, shoulders and fingers (hands).
Since then, I realized many other things were wrong. I can't remain standing for more than 10 minutes before I get sharp pains in my lower back. both of my thumbs (in hands) are very fragile now... I almost always have them 'folded in' to avoid accidentally injurying myself, I can apply 3 times less pressure with my left hand grip, and most important, going to sleep really sucks because I must be extremely tired to ignore the pain in shoulders/lower-back (or go to sleep in fetal position).

I think I've had enough of that (some 8 months now), so I am looking forward to obtain settlement for injury, but I don't know how to go about that. I know I must go to rehab, but like I said, money was and has been the issue (no medical insurnace when this happened), and the insurance agent keeps wanting to settle for mere $700  :laugh:

My best guess is ligaments or something (for my thumbs and shoulders),and I have no idea about my back.
what would be an educated guess about settlements in cases like this one?

(btw, this happened in a car, not motorcycle  :thumb:)
Caturday yet?

mastrind

I would get a lawyer....they can provide you with actual information that about what is necessary and what you should expect....
PETE: It's four in the funking morning!

SHAUN: It's Saturday!

PETE: No, it's not. It's funking Sunday. And I've got to go to funking work in four funking hours 'cos every other funker in my funking department is funking ill! Now can you see why I'm SO FUNKING ANGRY?

ED: Funk, yeah!

natedawg120

I wouldn't settle for anything before you talk with a lawyer.  Also you can say you are talking to a lawyer, even if you aren't, and they will raise thier settlement normally.  They just want to settle for as little as possible.  Since you were not at fault your bills and repairs/replacement should be covered by the other persons insurance.  Unless those costs go over what their maximum coverages, then you uninsured motorist coverage, if you have that, should take care of the rest of the expenses and then they or you can sue for stuff like pain and suffering or loss of wage due to the accident. 

Short -> don't settle with what they offer talk to a lawyer and you will get more.
Bikeless in RVA

pantablo

lawyer. absolutely. if the insurance co is offering you 700...means they're afraid they'll be paying $70k...

O0
Pablo-
http://pantablo500.tripod.com/
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Quote from: makenzie71 on August 21, 2006, 09:47:40 PM...not like normal sex, either...like sex with chicks.

Jake D

I'm a lawyer.

Look, if I had your case, I'd pay to get you checked out by an expert in backs.  And I'd start by demanding at least three times your medical bills plus future meds.  That is sort of the jumping off point.  So you had $10K in meds, then $30k demand plus future meds. 

Here is the  down side: insurance companies have been trying the shaZam! out of these cases lately and winning a lot of defense verdicts.  They try and paint these as MIST cases (minor impact soft tissue) and try and say that some of your woe was pre-existing.  They have videos of a "crash" that is rear impact at like 10 MPH that they made and the driver barely even flinches.  The plaintiffs bar as a real video of a crash at 10 MPH and the mofo gets tossed around like a salad. 

If you don't get a lawyer, you're a sucker.  $700 is a joke.  But be prepared for a fight.  Like I said, they've been trying the shaZam! out of them.  And the juries of your peers have been coming down with virdicts like this: Plaintiff 0% and fault.  Defendant 100% at fault.  Recovery to Plaintiff $0.00. 
Yeah, I can't figure out that shaZam! either.  But I think the darling media and and MOFO insurance companies have been doing a good job painting  lawyers and plaintiffs as blood sucking bastards that the juries are buying into it and when people are actually injured, they get whip sawed by their "peers". 
2003 Honda VTR1000F Super Hawk 996

Many of the ancients believe that Jake D was made of solid stone.

calamari

yes, um... I did not have medical insurance only. at the time I did have car insurance and all kinds of insurance (even life), except for medical.

I've settled only for the cost of the car (since it was totaled), but they have not paid for medical bills, nor for rehab (not done yet), and some of that money paid fo the car (had not paid it yet) and the rest for medical bills.

now, I did go to a lawyer some time ago, and they said I should get rehab first, and then they would get in the case, but that I should do that within 2 years from the date of the accident (CA laws).

the thing is... no money to go to rehab  :cry: so I'm kinda stuck as to how to go about this. oh, and before you say it... I am not entitled to obtain goverment help on this one... I tried already with my medical bills (because I'm no resident/citizen).
Caturday yet?

calamari

oh, and I got rear-ended while standing still and the lady ram her car at 35mph (no brakes at all). he car looked much worse than mine  :mad:
Caturday yet?

Jake D

#7
Yeah, I understoud you correctly. 

Your medical bills x 3 = pain and suffering.  I hate to put it that way.  Plus future meds.  This is all aside from any claim you'd have for property damamge.

35 MPH if a freakin' hard hit.  Did you ride in an ambulance?  Did you have any broken bones?  Closed head injury? 

Absent that, insurance defense is going to try to say that you had a soft tissue injury.  In the mind of an insurance doctor, all soft tissue regenerates on the human body every six months, so any pain you feel beyond that is psycosematic or malingering.  You and I both know that that is BS. 

I hope you find a lawyer that will take your case before the statute runs.  I hope you find someone to treat your injuries or at least evaluate your future medical needs. 

Edit: taking $700 now would be a mistake.  You'd them be precluded from making a claim in the future if you get worse. 
2003 Honda VTR1000F Super Hawk 996

Many of the ancients believe that Jake D was made of solid stone.

calamari

thanks for your advice. I will try somehow to get rehab and when done go back to the lawyer office.

i know I won't be taking those $700 now, is just that the insurance guy had been calling everyday to 'settle' for that amount for the past 5 months or so.

I did not go in an ambulance because when I called the police to report, they asked me 'any broken bones, visible blood, or children involved?' I said 'no, but i'm in pain'. to that, they said they won't be even sending an officer, unless there it was a life threatening situation  :o

some laws and regulations don't make sense to me. it has been over 6 months since the accident, and I know the pains I get are not imaginary  :laugh: (most times, I wish they were  :cry: )

I'll see how it goes.
Caturday yet?

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