QuestionMy SUV was totaled by another driver who was given a ticket for driving on the wrong side the road. The SUV turned over and a fireman had to cut off seatbealt so I could climb out. I went to the hospital and follow up visit which was over 5K The other driver's insurance company put me in a rental over 35 days ago.The called and gave me payoff to finance company would be which is same as KBB.They keep telling me they are waiting for records I ended up sending them my ER bill. I do not have any injuries other than medical bills. Is there a time length? I will still have to use my GAP insurance and I'm afraid I will have to turn in the rental before I will be able to get another car, and I don't have the money to just get another car. What can I expect for a settlement? I only lost two days of work.
AnswerTake the Initiative for Maximum Insurance Claim Settlements
Hi Jay,
You had a very serious accident and yet it appears that you are headed for a minimal settlement because of your rush to settle too soon and your passive role in the process. This will take a lot of my time, but it is worth putting down a lot of information for you since I do believe that you were hurt a lot more that you think at this point. If I am going to put in the time for you, I hope you will take the time to read and to understand how to proceed to make a winning insurance settlement.
I will give you five topics to think about and to use.
#1. Take the Initiative for Maximum Insurance Claim Settlements
#2. Continue Medical Treatment for Residual Injury Pains and do NOT Settle too Soon
#3. How to Make a Successful Insurance Injury Claim Settlement
#4. Value the Terror of Horrific Accident and the Wrongdoing of the Tortfeasor
#5. Effective Communications With the Insurance Adjuster.
Ready? Here we go, Jay.
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#1. Take the Initiative for Maximum Insurance Claim Settlements
Take the initiative and DO NOT LET THE ADJUSTER DICTATE THE SIZE OF THE BALLPARK you are going to play in: Get your demand letter out there.
You asked: “What can I expect for a settlement?”" Unless you take the initiative in this claim, what you "can expect" is to become another success story for an adjuster who has run over uninformed claimants and denied them a fair settlement award.
You should be commended for having the initiative to seek out a website such as this and to ask for help, but the most important part of achieving a successful personal injury claim HAS TO START WITH YOU, NOT THE ADJUSTER. Do NOT let the adjuster set the parameters of the negotiation: get your demand letter out there RIGHT NOW. It is not all that hard or mysterious to put together an Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm It does not have to be "fancy" or complex; just hit the main points and get it out to the adjuster soon.
It is not too late for you to take the initiative, and I will explain how below. But just for a second, put yourself in the shoes of the adjuster and see what you would do if you let the adjuster have all the control of the claim. As an adjuster, he is trained by his company to reassure the injured party that he is acting in THEIR behalf, as opposed to the interests of his company—sort of like a car salesman who convinces a customer that he will fight for them versus the auto store manager. Sure.
But both of those are relationships are to the disadvantage of the consumer, aren't they? We would like to trust people who are in the position of the adjuster to act at least nominally in our behalf. But it is just as much as a mistake to take a passive role here as in buying a car: you have to get up and make something happen yourself.
If I were you, what I would do right now is to become as fully informed about the insurance injury claims process as I can, with the objective of seizing the initiative in prosecuting my claim, instead of taking a passive, reactive role. Can you see the difference in postures and how one works to your advantage and the other to your disadvantage?
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#2. Continue Medical Treatment for Residual Injury Pains and do NOT Settle too Soon
If your big SUV was totaled, and you had to be cut out, then you were in a pretty hard crash. I am willing to bet that even after your treatments, once you start to get more active this Spring and Summer, you will notice pains once again. Mark my words that at first you will have a dull ache, and that ache will become a nagging pain with your increased physical activity later this Spring if it is not treated.
Listen to your body and to get medical attention when you feel any aches or pains that continue for a day or more. You were in an accident that was hard enough to “total” your SUV, there likely was sufficient trauma to cause soft tissue injuries.
GET MEDICAL CARE FOR YOUR INJURIES—if you have any aches, DO IT NOW. You were involved in an accident with a lot of impact. It is likely your body suffered trauma sufficient to cause injuries. And there is no reason why you should suffer. Plus, if you get medical or chiropractic care, you are entitled to recover for personal injuries from the tortfeasor.
It seems like you are trying to get a quick settlement, but that is instead the goal of the insurance adjuster. SHE wants the quick settlement, NOT you.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before the claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding his body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your body will respond until you have experienced sufficient physical exposure to load-test the ligamentous scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a doctor only to discover that you can expect a course of treatment that will cost a lot of money? After you settle your claim, all further treatment is YOUR responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement.
Here is page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: you will never see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
I know that you think this is going on too far with this one topic, Jay, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times. So just have patience a bit longer and commit yourself to read the following:
There may be a dull ache at night following a day at work or some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A FALL ACCIDENT http://www.settlementcentral.com/page0104.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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#3. How to Make a Successful Insurance Injury Claim Settlement
OK, Jay—now it is to learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS.
Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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#4. Value the Terror of Horrific Accident and the Wrongdoing of the Tortfeasor
Dr. Settlement teaches bodily injury victims about successful insurance claims at http://www.SettlementCentral.Com Our members have access to a lot of information, but at least exposure to some of that on the free side of my site can be of benefit to you. Hence, I am going to give numerous pages of information just so you can get a flavor for how to make a successful auto accident insurance claim settlement.
One thing that is on the members’ side that is not on these free pages consists of an analysis of valuation based upon the social stigma placed upon the actions of some tortfeasors. For example, let’s consider two auto accident victims WITH THE SAME INJURIES. If one were hit by a drunk driver who then took off in a hit and run, that victim is going to get a HIGHER insurance injury settlement higher than someone who was hit by an innocent tortfeasor whose foot slipped off the brake. Why? Human nature, I guess. The jury has real people before it and in deciding between the two parties, the wrongdoing of the first one is going to be punished by awarding a bigger sum.
Of course that does not translate exactly to the situation where you are dealing with an adjuster. But when auto accident victims at www.SettlementCentral.Com learn insurance claim settlement topics, we always tell them to emphasize to the adjuster the wrongdoing of the tortfeasor, and of course, the great trauma suffered by the victim.
In this case you have two things going in your favor. First is that the tortfeasor was on the wrong side of the road. Second is that he was going fast enough that the impact rolled your big SUV. THAT is something that in and of itself is compensable, to-wit: the FEAR AND TERROR of the crash that rolled the vehicle. The adjuster does not have that topic in her valuation column, so you have to hit her on that and remind her that the terror of flipping over is a separate compensable item, and that a jury will give money just on the terror. How much money would it take for one of them to volunteer to undergo such a horrific accident?
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#5. FINAL TOPIC, Jay: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
