Auto Insurance Claims: Claims, insurance expert, BI settlement


Question
First let me state that I do have an attorney handling my case.  My question is about the likelyhood of my case going to full trial.  I was t-boned in an accident a year ago where I was north bound on a state highway, the driver of the other car was coming out of a drive through and did not stop, resulting in t-boning my vehicle and totaling it.  She received the citation for failure to yield right of way with accident.  I received injury to C-3 through C-5 which causing a narrowing on my spinal cord.  After six months of physical therapy that did not resolve my issue I was sent to a pain managament specialist and from there I underwent two ESI procedures, with the likelyhood of more to follow.  The driver who hit me had just four days prior to hitting me, totalled their vehicle in a very similar manner on the exact same state highway.  I have had no tickets or accidents and in fact was a client of her insurance for many years before I switched to a much better insurance company about four to six months prior to this accident.  I'm curious as to how her insurance company might view these circumstances, fight it or settle?  It seems pretty silly to fight someone with an umblemished driving record when their client totalled two cars within four days.

Answer
Hello Blynn,

I'm sorry to say it's impossible for me to answer your question.  Your attorney has access to all of your information and is the one you need to be asking.

Now, as for the other insurance company, the only thing I can say is that decisions are not made because you have an unblemished driving record.  Nor is particularly important that the other driver totaled two cars a few days apart.  Under the circumstances, I assume they are accepting liability for your accident.

BI awards and settlements are based on the extent and permanency of your loss and your related pain and suffering. These are complicated issues which vary for everyone.

You are wise to have an attorney representing you.  He works for you.  Ask him for his advice.

Good luck.

Jane