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How much $$ for a car accident claim?

Discussion in 'The Okie Corral' started by Camper10, Feb 1, 2010.

  1. Camper10

    Camper10

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    OK, the other person's insurance company just called with the amount of my claim and I'm shocked.

    On 10/23/09 me, my wife and 2 young daughters age 2 and 4 were rear-ended while at a stoplight. the other driver was older lady, handicapped sticker and fairly incoherent like she was on medication. The 'officer' said something is not right with her and found out she's a cancer survivor, medication, blah blah.

    So that was Friday night. My wife and I were in pain all weekend, neck and lower back. She hit us probably 25-30 mph her Camry into our minivan. Insurance already paid $1248. for damage to our car.

    OK, so I now have chiro bills of $1795., xrays of $1632., 2 family doc visits maybe $200. Made 11-12 chiro visits and I've been released but have a crick in my neck still that makes me grouchy!

    So Progressive called and offerred $1329. for first 8 weeks chiro and $546. for me.

    $546., are you kidding me!!???!?!?

    Somewhere deep down I'm thinking $2-3K for the 'pain and suffering' part. What do you you guys think, any experience with this?
     
  2. F14Scott

    F14Scott Luggage CLM

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    Do not accept their offer.
    Get a lawyer to do your talking, from this moment on.
     

  3. kiole

    kiole

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    do you have car insurance? If so i'd make sure you talk to them about it as they may cover your cost and then go after the ladies insurance for the rest. Also they are low balling you, there are some people on here who deal with insurance and can tell you more about what to do.

    I'd send them your bills and remember your going to need more money for future treatment. You at the least should be getting reimbursed for any medical treatment you've had and will need.

    ALSO DON"T CASH ANY CHECK THEY SEND YOU..UNTIL YOU ARE HAPPY WITH THE AMOUNT...
     
  4. Camper10

    Camper10

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    Yeah, I think I have a good lawyer picked out. He claims he will actually go to court, not just settle everything.

    The Progressive person said "I thought your medical insurance paid for the xrays already."
     
  5. trifecta

    trifecta

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    I think it's unusual for them to not at least cover current bills. Did they provide some reason? Also, as someone else said, get your insurance company involved. See what they can do to help. If that doesn't work, then you will likely need an attorney.
     
  6. Cody Jarrett

    Cody Jarrett

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    Contact the lawfirm of Do-we, Screw-em and How immediately. Accept no monies for you personal injury.
     
  7. MavsX

    MavsX The Dude Abides

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    they should not allow old people to drive!!
     
  8. TurboRocket

    TurboRocket

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    I use to handle auto claims in another life, but that was 17 years ago so take this for what it's worth.

    If I were the adjuster for Progressive, I'd think you are trying to milk it (obviously, this not having any details besides what you've typed here). Your property damage is very minor, all things considered. $1200 is nothing. Also, given the relatively low speed impact indicated by the physical damage, low back injury seems improbable (sort of depends on how the impact happened).

    Having said that, just remember this is a negotiation - nothing more, nothing less. Progressive (eventually) just wants you to go away. Depending on their workload, they may be in a hurry, or not. But, you are in the driver's seat to some extent since liability is clear and not in question. As long as the file stays open with Progressive, the "liability" on their books never goes away, which means, by law, they have to estimate their liability and set aside $$$ reserves - the more $$$ they must set aside in reserves to cover unsettled claims, the less they can use to invest. On average, insurance companies make very little money - many lose money - on premiums collected vs. claims paid. They make money by investing the premium dollars in the market.

    You are certainly able to discuss with an attorney. However, some things to consider is, I believe, the low level injury case you have, the amount of damage, etc. Also, some insurance companies take a super-hard line against PI attorneys. I worked for one - they were not intimidated with PI attorneys involvement. In fact, they dug their heels in and stuck hard to the values they thought were fair - and they were successful at it.

    On the plus side for you, soft tissue injury cases (sounds like your case) are hard to evaluate true cost. There is a huge range, dollar-wise. If you think your claim is worth $3000, then ask for it. Have a reasonable method to substantiate it and argue your case. Or, call an attorney. Since you have kids and your wife involved, an attorney may like that - sees dollar signs.

    I couldn't tell from your post whether the med bills were just for you, or your wife and kids, too.

    Anyway, those are my thoughts. Don't flame me. Just giving an honest opinion.
     
  9. DR. HOUSE

    DR. HOUSE Everybody Lies

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    DO NOT ACCEPT!!!
    I was also recently involved in an auto accident and lerned the ropes.

    Heres what should happen. All your medical bills will be taken care of, your vehicle taken care of(which you already stated)

    remember, you have the right to sue and insurance companies dont want that. I got a settlement of around $2,000 in pocket after all bills were paid.
     
  10. TurboRocket

    TurboRocket

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    Something else I forgot. If I recall correctly, the liability claims for your kids do not go away until they turn 18. Don't quote me on that but I believe this is still the case - although, laws change all the time and every state is different. This might be something that sways you towards discussing with a PI attorney.
     
  11. GlockPride

    GlockPride Glock 23

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    Most states do have a statute of limitations to settle. Texas is two years from date of accident to complete the claim or file a suit.
     
  12. Glockdude1

    Glockdude1 Federal Member CLM

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    :agree:
     
  13. nmk

    nmk

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    I feel like I got screwed in an accident a while back. While it was nothing as serious as yours, I should have contacted an attorney before doing anything.
     
  14. Glenn129

    Glenn129

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    Hey, let a jury of 12 peers decide. Insurance companies tend to not like this kind of justice.
     
  15. mike253

    mike253 NRA - IWLA

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    Don't sign any checks from the insurance company, do not sign anything at all without reading it completely.

    Basically, don't release them until you and your wife are sure you feel better.

    Your "pain and suffering" isn't worth much to anyone so don't make any plans for the money. Honestly, if you ended up with $1,200 in damage to your vehicle, it was likely a very minor accident.

    Save reciepts for any medical bills, when you're all done with that, submit to her insurance company to close out the claim.
     
  16. VC-Racing

    VC-Racing General Flunky

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    I was involved in a accident back in 08 . A lady ( 72) run a stop sign and crossed into my lane of travel and I struck her with a loaded Tractor trailer. It was bad but fortunately no one was killed. The tractor I was driving sustained around $30,000 in damages and it also totaled the Hiab crane mounted to the back was around $50,000 it also twisted the trailer to the point that it was unrepairable add another $8000. Next was my medical bills which consisted of 2 knee surgery's and about 9 months of rehab which was around $55000 in medical expenses then the settlement for workmans comp ( undisclosed) for which I didn't have my attorney handle but had him look into their insurance to see if they would make a made a offer for pain and suffering and lost wages that worker comp did not cover . They did and we accepted under the terms that it not be disclosed . Had I not been seriously injured I would have taken a settlement of lost wages plus some pain and suffering due to the mental anguish of the whole ordeal.
    What I will say is, have a attorney look into it, if you are not interested in making a $$$ settlement make sure you are cover medically for at the minimum of 1 yr.
     
  17. faceplant

    faceplant

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    $3K in medical bills from a minor damage accident. Get a laywer and a safer vehicle.
     
  18. Stubudd

    Stubudd

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    Get a lawyer. I'm having to do the same thing. A week ago today some guy swerved into my lane trying to avoid rear ending somebody else and hit him almost head on- totaled my benz. I talked to my lawyer before I even called progressive.
     
  19. AAshooter

    AAshooter

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    Consider hauling her to small claims court (have to check on pain and suffering). Attorneys aren't allowed but more importantly, clients don't like going to court and tell their insurance companies to settle.

    Basic start is triple your expenses . . . realize you may be contractually obligated to reimburse your medical coverage for the expenses they paid for. Make sure you and your family are fine before settling.
     
  20. Camper10

    Camper10

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    It's been frustrating from the start, cops not showing up for 45min to an hour. Rainy friday night and lots of crashes I guess.

    Took my 4yr daughter to the pediatric ER on Monday after the wreck to just make sure everything was OK. Waited with a bunch of sick street humans coughing up swine flu for 2 hours and left there.

    I just get over the old lady was charged with Following Too Close. ONly that. We were at the red light for its full cycle and then bam.

    Oh well, just glad no one was hurt (except my neck). That is interesting about small claims court instead of the insurance/lawyer route.