Settlement from Car Accident

[tonilea]

So you mean she wasn't strategically positioning her car and then patiently waiting for an uninsured motorist to hit her, totaling her vehicle and causing injury just so she could get a humongous settlement and retire?

 

[dodukes]

I hope your lawyer made u sign the agreement. This is common practice, those percentages I mean. If you are not happy with them then you shuldnt have signed. Not picking on you in particular even thok I quoted oyu but I work for a pi lawyer and get this often. I think people shud thinkb this thru beofre they go ahead and sue. You won't believ how many times they ask us to reduce our fees or costs. Sometimes he does it sometimes not it depends.

 

[Darcy03231]

she can sue her uninsured motorist ins. co. for their injuries. If you have any injuries (not just ER visit) you may want to go see an attorney.

And then watch your insurance rates go up!

 

[HelenePA]

I hope your lawyer made u sign the agreement. This is common practice, those percentages I mean. If you are not happy with them then you shuldnt have signed. Not picking on you in particular even thok I quoted oyu but I work for a pi lawyer and get this often. I think people shud thinkb this thru beofre they go ahead and sue. You won't believ how many times they ask us to reduce our fees or costs. Sometimes he does it sometimes not it depends.

My FIL picked out my lawyer.. honestly I wasn't even in the right mind 3 days out of the hospital to do this... why he was in such a hurry for me to get one I dont know... anyway its done over I've moved on and learned from it... Looking back I wouldn't have sued and I would have gotten more money from trying to settle right from the start..

OP please dont get a lawyer until you hear what they offer. If its fair TAKE IT! Once you get lawyers involved its a headache and a half!

 

[DVC-Don]

See what they offer, then decide if you can get at least 33% more (attorney fees) with an attorney.

 

[happily single]

The OP can collect under the UNINSURED/UNDERINSURED portion of her insurance policy.

Her rates WILL NOT go up

The OP needs wait until she has finished any and all medical treatment, then submit a "demand" to the insurance company. A general rule of thumb is to ask for $700 per week when you are considered totally disabled (ie: unable to perform your nomal activities) and then $400 a week until the doctor renders you fully healed. Don't forget about lost wages, etc.

The problem with handling it yourself is that you need to provide all medical records to the insurance adjuster, and a regular person may not be familiar with how to obtain all the medical bills and reports.

A reputable attorney will charge you 33%, plus costs. I've been doing personal injury work for 17 years and NEVER have we EVER taken more of a fee than the client gets (ie: if the settlement is $12,000 normally fee would be about $3,000; the client would ALWAYS end up with more in their pocket or we cut our fee). Additionally we never charge for things such as faxes, telephone calls, postage, etc. We do recover the money we expend, such as medical records and police reports.

Bottom line is you should concentrate on feeling better, then deal with the insurance company. They are trying to settle with you quickly to avoid your getting an attorney (and hence someone who knows what the insurance is offering you is peanuts)

Good luck

 

[C.Ann]

In NY, (under No Fault) you also need to be aware that your ins. will only pay your medical bills up to the amount of coverage you have for that.. Once that max is reached, you're on your own and will have to pay future medical bills (from this accident) out of your own pocket..

Hopefully you weren't injured too seriously and won't max out your coverage..

Good luck..

 

[golfgal]

And then watch your insurance rates go up!

Uninsured coverage is a comprehensive claim and will not increase your rates.

 

[a1tinkfans]

What an interesting thread
The laws governing your rights are very specific to your particular state.
You need to know what your rights are before making a decision on any offer that is offered to you.
Your first goal is to feel better and know what, if anything you'll be dealing with... medically down the line...possible PT, followup care, loss of wages etc etc.
IF you already settled your pd (property damage) portion, what did you accept? 100% offered and secured? Or was it less than that? If less, they will likely reduce your P/S offer by the same %... (ie you took 40%, you'll get 40% for this portion of your claim)
go slowly...perhaps consider a FREE consult with a local attorney to get a "feel" for your "case".
Not all attorneys are ambulance chasers and many actually know what they're doing You would have nothing to lose by inquiring...
What is your states statute of limitations? Is it three years to file suit? No need to Rush a decision that will be final and binding....Know what to expect..be Informed to make the best decision for your situation.
Best of luck!

 

[disfan07]

My car was totaled in 2008. It was a 2002 Honda accord. We got $9,000 from teh insurance company. The other dirvers insurance paid the other $9,000 it cost to get a used 2007 Camry.

10 Days in the hospital. 2 days ICU, 8 days on the floor. 3 broken ribs. dislocated shoulder. punctured lung. concussion. bumps and bruises.
6 months of PT for my knees and for my shoulder. Our insurance was reimbursed by her insurance and we were reimbursed by her insurance for the $10,000 OOP we had to initially pay.

Now, we were also in a weird situation. My accident happened 6 days before my mom was supposed to be moving out to California (I was staying ot finish up that year of school and my job). obviously, she didnt leave. BUT, our house was already being closed on so we had to get a hotel for the extra 8 days that she was here. So we were reimbursed for the hotel, rental car and food and for the change in my moms plane ticket.

I dont know how much she and her insurance company ended up paying out. I know it was a lot. The hosptial bills alone were over $100,000.

Now, the difference with our situation was...she took FULL responsibility for the accident immediately. She told the police right away that it was 100% her fault. So we didnt have to fight to get anything compensated. She willingly did it.

 

[Darcy03231]

Uninsured coverage is a comprehensive claim and will not increase your rates.

While in theory it isn't supposed to increase your rates, it can. It doesn't happen all at once and the insurance carrier doesn't attribute it to the claim. It happened to us. After years with minimal increases (we'd been with the same carrier for over ten years) our rates really jumped the next renewal. We were told it was an across the board rate change. Next renewal same thing happened. Same response.


When we went shopping for a new insurance company the comprehensive claim kept coming up as an accident although it wasn't our fault (rear-ended by someone with no insurance).

We were finally able to go with a new carrier at a much better rate, but if you take a settlement the carrier will find a way to make up the money they paid out somehow.

 

[golfgal]

While in theory it isn't supposed to increase your rates, it can. It doesn't happen all at once and the insurance carrier doesn't attribute it to the claim. It happened to us. After years with minimal increases (we'd been with the same carrier for over ten years) our rates really jumped the next renewal. We were told it was an across the board rate change. Next renewal same thing happened. Same response.


When we went shopping for a new insurance company the comprehensive claim kept coming up as an accident although it wasn't our fault (rear-ended by someone with no insurance).

We were finally able to go with a new carrier at a much better rate, but if you take a settlement the carrier will find a way to make up the money they paid out somehow.

Sorry, but they CAN'T increase your rates because of a comprehensive accident and your rate changes WERE an across the board rate hike. To do otherwise would be illegal. Insurance rates have to be filed with the state every year, they can't just pick and choose who will get rate hikes and who won't so they have to do it by class, most often zip code-EVERYONE in that zip code got the same rate hike you did.

Shopping around can be a good idea. Many companies offer new customer discounts but when those go away, expect a big increase again. The insurance company "made" the money well before your accident ever happened. Their actuaries can figure out pretty accurately how many of their policy holders will have accidents and how much it will cost them and they apply for rates based on that information.

 

[RUDisney]

You might want to try and settle without involving an attorney. They'll take 33% of whatever you get.

My accident was 4 years ago. We have still not settled with the insurance company. We sent a demand letter to them a year ago and they turned it down. Stupid them. In the year since, I have had more PT and additional problems that are attributed to the accident. The future care that I will need will exceed the initial demand.

As far as I'm concerned, my atty has been worth every penny he will earn at the settlement.

I didn't go with the first atty I interviewed. His techniques were wishy washy and he told me to do what I thought was right with the insurance company. The lawyer I hired told me to not speak with the insurance company except to provide my statement about the accident. He has handled everything else the way he was educated and learned through experience to handle them.

I'm sorry that you got hurt, Pembo. No one should ever have to experience a bad, injurious, car accident.