Auto Insurance Claims: Hit & Run by Drunk Driver, chrysler concorde, 2002 chrysler concorde

Question
2 years ago my husband and I, along with our son were rear-ended at a stop light by a drunk driver. He was traveling in excess of 45 miles an hour and hit us so hard it pushed our car into the middle of the intersection. My car (2002 Chrysler Concorde Limited)was totaled. Fortunately it was late in the evening and there was very little traffic. Also fortunately we were not seriously injured although the impact threw our son, who was seat belted into the back of my husband seat which bloodied his mouth (he had braces at the time). The man got out of his truck and asked if we were alright, if we had insurance, provided us with his name/insurance information, and lastly, said he could not stay around since he was drunk. He got back into his vehicle, pulled to the right lane, waited for the light to give the left-hand turn signal and slowly drove off. We were able to get a full description of his truck and license number. When the police showed up to work the accident they did not go after his vehicle. The police traced his plate number the following day and called him. At first he denied having the accident. The police asked him to bring his truck to the station for inspection. A week later he arrived and it was obvious that recent repairs were made to the front end of his vehicle. The head lights were mismatched and improperly aligned, the grill had be replaced with one that did not fit the vehicle, the front-end had recently been painted with Krylon spray paint and there was over-spray on the trim work, the bumper had been straightened and lastly, he had smeared mud all over the front end claiming his kids had finger painted his truck. When questioned about all this, he admitted he had hit a deer recently and had the repairs made by a semi-local repair shop. The police took pictures of the vehicle and called the "semi-local repair shop" to verify his statement. This repair shop was nothing more than a towing company that did not do body repairs - only tow cars. When the police called him again, he stay maintained he had not been an in auto accident. They eventually arrested him for hit and run. In the meantime, my husband contacted his insurance company (Geiko). We all had sustained whip-lash, my son's mouth healed without concern, and sought treatment with both our primary care physician and a chiropractor. Geiko called us almost daily mainly because they could not get their own insured to return their calls. Initially they wanted to settle the claim for both my husband & I but wanted to keep our son's medical open until he reached age 18. When their insured finally called them back a month later Geiko stopped talking with us.

Now it's two years later, our own insurance paid out on our car and half of the rental car coverage. We still have not settled with Geiko although they recently called and wanted to settle the entire claim, medical and all for $24,000 (this does not include squaring up with our own insurance). They do not want to consider chiropractic care or his records as valid medical documentation. My husband has had very limited motion with both of his shoulders since the accident and the chiropractor ordered an MRI. He has had injections in both shoulders twice by an Orthopedic doctor. The insurance company is refusing to accept the MRI since it was ordered by the chiropractor.  Somehow, I don't think this fare.   This amount is suppose to cover our medical, loss of wages, pain & suffering and our out of pocket deductible. Am I being unrealistic? Is there anyway you can tell me what I should expect?

Answer
Hi Deb,

You are absolutely correct. You claim is worth a lot more. All of the medical treatment and tests should be considered and paid. This insurance company is as slimey as a lizard. (punn intended). They do not care about you. You need to treat this as an adversarial process. You need to get tough and don't let them push you around.

Total all of your medical bills then multiply by 3, then add your lost wages. That is what you should demand in order to settle. Of course you should be a bit flexable in negotiating a final settlement. If they try to get tough, ask the adjuster how much in punitive damages a jury would award you if you sued their insured and brought the police officer to testify about how he lied, had his vehicle repaired and when cought still lied to the police and was arrested for hit & run. If they do not treat you fairly, seek the advice of a "pit bull" attorney.

I hope this helps
Richard Hixenbaugh