QuestionQUESTION: My husband was recently in a car accident with a semi truck making a turn from the completly wrong lane on a RURAL two way highway. My husband told the police he did not see the truck until it pulled out in front of him. (Like the truck was riding in that lane or parked over on that side for awhile knowing he was going to make a turn?) My husband ended up hitting the semi right in the front tip of the cab he estimates he was going 50mph, totaled our minivan airbags deployed was a mess. no tickets were issued at the scene by the police officer. Our Ins. company has already paid out for our car being totaled. They are still waiting on a police report for the liability decision? My husband did end up not going to work on Monday and going to the hospital where they did several tests MRI chest x-ray due to a ongoing headache all where negative and he is ok. My 11 year old son was in the car also he was in the very back of the minivan thank GOD and was soar from the seatbelt which went away after a few days, so I never took him to the dr. I guess my question is if they come back and say its 80% the truck drivers fault and 20% my husbands to we still have a medical claim? and since my son never went to the Dr. but still was soar what about him. sorry about the babbling on. It looks like 3 x the medical bills is a good request? This is a wonderful sight and GOD BLESS YOU GUYS FOR HAVING IT.
ANSWER: Amie,
I didn't catch the State where this occurred and that makes a big difference. Generally, if you are less than 50% at fault, you can recover damages. As for the 3 x's medical. Sure this is a good place to start, but again, depending on where this occurred and the tendency of juries in that area, you may not be offered 3 x's the medical. Insurance adjusters will only pay for what is documented. As for your son, I would have to say that normally, an 11 year old, if no medical treatment was sought, would warrant at the most a nuisance value claim of no more than $500.00.
If you provide me with a little more information, I am sure I can more definitely answer your question. For the most part, you do have a claim, and 3 x's the medical is a good place to start. Don't forget to get all your medical bills in line quickly and be aware of the amount in case the hospital claims their lien. Most times, a city, county or State hospital automatically has a lien on services provided, and if you had health insurance that paid for the MRI and medical bills, then they have a lien by virtue of common law. Anyway, I hope this helps!
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QUESTION: It was in Missouri so how do i request the bills for the mri and chest x-ray?
ANSWER: Okay, so in Missouri, they use the pure comparative fault model. This means that the trucker can recover 20% of his damages if he is found to be 80% at fault. You would be able to recover 80% of your damages. In order to request payment for your damages, you should simply draft a demand letter and send it to the insurance carrier for the trucker. You should add up your medical costs and lost wages, and then ask for that amount plus an amount for "non-economic" damages such as pain and suffering. Add the medical bills and the pain and suffering demand up and send a letter or e-mail stating you will sign a release for this amount. Then sit back and see what the adjuster does. If you need further direction, information is always free at Petty Details, LLC. Visit our website and contact us by phone if you feel so inclined, we answer.
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QUESTION: So the Ins. company told us it is 60% my husbands fault and 40% the trucker? My claims guy told me they discussed and are going to accept this because of one word in the police report that makes it look like my husbands fault? I got the police report and not only did the cop not write down my husbands statement correctly but he said there was only one person in the car when in fact my 11 yr old was in the car also. You would think he would have remembered that since he gave my husband and my son a ride? I told my Ins. company I do not agree and don't accept there decision. I asked what I needed to do? He told me there was nothing i could do they already made there decision unless the cop takes out the (behind) in the report? heres the report
:on 00-00-00 I was radio dispatched to (street name) for a automobile accident. Upon arrival I met with driver #1 who stated he was traveling north on (street name) BEHIND vehicle #2 when he struck the front passenger side of vehicle #2 as it began to turn right into the driveway the (street name)....
Driver #2 advised he began to slow his semi truck as he approached his (street name) while traveling north. He then began to make a wide turn as he did so he observed driver #1 to approach his passenger side. His truck was then struck causing cosmetic and mechanical damage to passenger side front tire.
Both parties refused medical treatment
So we have a call out to the policeman my husband is going to ask him why he didn't write down exactly what he said? because my 11yr old also heard the statment that was given and my husband clearly stated there was nothing in front of him? I dont understand? The Ins. company said they have a recorded call from my husband stating there was nothing in front of him BUT with the BEHIND word in the police report they did not want it going to litigation because then it could come back 100% my husbands fault because of the police report. They dont want to take that chance WHAT NOW? The fact that there is other discrepancies in the police report like one passenger when there was two. does that account for anything I just think my Ins company dosent want to fight this bigger Ins Co.
AnswerUnless the police office witnessed the accident, the police report narrative is not admissable as evidence in a trial. It is hearsay. The adjusters handling the claim are either bullying you or don't really understand how litigation works. It is probably the latter.
There is not a lot you can do except file a suit on your own. If you file a suit on your own, then you get countersued by the trucker, then your insurance company will have to send an attorney to defend you guys. Adjusters and insurance companies in general sometimes hide behind fake knowledge of the litigation process in order to convince you they are the professionals and that you should take their word for it.
I do not take anybody's word for anything. . . I find out on my own. I have found out that 90% of all adjusters are full of it and don't care to change that fact.
If I were you, I would find a friend or attorney to discuss this case with. There are a lot of variables when it comes to determining liability. Nobody except a judge / jury can determine liability for sure. Up until a lawsuit is concluded, everybody is just speculating about how the judge or jury will decide.
Information is always free at Petty Details, LLC.
