QuestionQUESTION: Hi
On September 16, 2008 I was at a light on the highway and my 03 Honda
Accord was rear ended by a Dodge Dakota. The man said he was at fault, I
called the police and they filed a police report and I also called my Ins co and
filed a claim with both mine and his. My car had major damage, but was still drivable. My roomates drove it home while another took me back to the apt.
about an hour later I went to the ER bc I had a really bad migraine and
swelling from the neck down to lower back and could barely move. The ER Dr.
said i had severe swelling which was obvious, and whip lash. He gave me a
shot and prescriptions. and told me to stay home for a couple days and rest
and take meds and use ice. Since I just moved, from CA to TX the week prior,
I had no Dr. in the area and he advised me to follow up with either a Chiro or
Dr the next week if i was still having problems. Later that night the bodily
claims lady from Allstate called to check up on me and i told I wasn't ok and
that I'm seeing a Dr. WELL.... here's where I need help, this is my first
accident (and I wasn't at-fault). I have Farmer's Ins. but only Liability and
since I wasn't at fault they said Allstate is responsible for my car repairs and
my medical. My car was towed to a body shop and was almost considered
totaled but was only $1000 short so they fixed my car and paid for it ($9300)
they paid for my rental for 4 weeks while my car was in the shop. My medical
Ins didn't cover Chiropractic care so the Chiropractor I found had me sign
(3rd party billing) which she said bills the the ins directly. So for about 4
months I saw her and I was getting better (she took x rays which showed that
I had 2 pinched nerves on my spine and muscles on my neck were very
swollen which had shifted something. Well about 3 weeks after the accident
the Allstate adjuster gave me some numbers and I didn't sign anything and
my Chiro said not to sign bc she hasn't released me and she wanted me to get
an MRI and see a specialist bc I kept on getting Migraines (which i never had
before the accident) well when I told the Adjuster week later that i was
gonna see a specialist she left me a voicemail saying she didn't know I was
still seeeing the Dr and that they weren't gonna cover anymore medical. Well
here's where i Know i messed up I got really scared and just toughed it out
and stopped seeing my Chiro and the specialist she referred me to. My health
ins. didn't cover as well (so since I'm just a student out here I didn't have any
money out of my pocket to pay for any additional visits w/ anyone). it's been
2 months since not seeing my Dr. and I'm actually not doing that bad. The
adjuster and I have been playing phone tag for the past 2 weeks.
My Chiro Bill is $3600
and they're telling me they're gonna pay $2040 (which when i asked who pays
the balance? the adjuster said thats between them and the Dr. I WON'T BE
PAYING IT) IS THAT TRUE???
AND originally when they first gave me a number for pain and suffering it
was $1000 and now it's $1700
I don't agree with that amount bc I feel that bc I wasn't realesed by my Dr. I
want to be able to pay for some more visits and I dont believe that $1700 is
enough for that and also all my time spent going to and from the Dr and all
my headaches and just all the crap this accident has just been.
I've never been in anything like this, and my parents (who the car actually
belongs to and are just lending it to me while I'm n school) don't agree with th
e amounts as well. They want me to get a Lawyer now I'm really trying not to
do that. How can I resolve all this fairly????
ANSWER: Hi Kim,
First, you must understand that the insurance adjuster has absolutely no interest in fairly and properly compensating you. Their job is to get out of the claim paying as little as possible. The will utilize many tactics to accomplish this, including; trying to reduce your medical bills by saying they are not usual and customery, by making very low ball offers and by trying to confuse and frustrate you until you through up your hands and agree to whatever they are offering.
You must take control of this situation. You need to prepare a formal demand letter which is the basis of your claim. In the letter you will outline all of your expenses which will include:
Total medical expenses to date (Actual expenses incurred to date)
Expected future medical expenses (25% of medical expenses incurred)
lost wages (actual lost wages incurred)
Pain & suffering (double the amount of the medical bills)
You should add up all of the above and that is the amount you will demand as payment to settle the claim. Send your letter to the adjuster by certified mail/return receipt requested. You should end your letter by stating that you will expect a written response with in a certain number of days (say 25 days). If they do not respond to you with a reasonable counter offer then you may want to seek the advice of an attorney.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Hi Richard,
I've done the Demand Letter already, and I knew they were gonna low ball me.
Now that they have what's next? They clearly disregarded all the information
that was in the letter. How do I counter their offer???
AnswerHi Kim,
Not being fully aware of all of your case file, it is hard for me to make specific recommendations. If you have done those things and they are still low balling you, it sounds like it may be time to seek an attorney. That is what they get paid for. Knowing your file details and being able to counter the nonsense from the insurance company. They also carry the big stick of being able to file a law suit if the insurance company does not play nice.
I hope this helps
Richard Hixenbaugh
