QuestionQUESTION: I was involved in a car accident that was not my fault. Someone slid on the ice and totaled my car. He admitted fault and filed the claim right away. I hit my head hard enough on the driver's side door to break the window and both air bags went off. I went to the hospital and they ran a CT scan and said my brain was not bruised. The spot where I hit was very sore for about five days (I mean so sore it hurt when the shower water hit it!) and now I've had like a low grade headache for about the last couple of days.
I was driving a 1997 Ford Aspire which is a discontinued make of car. The retail value of the car was estimated from Kelly blue book at around $2500.00. The insurance company offered me $1300.00. I've been online and driving around for three days looking for a car. I can't touch a car of that year for less then $1700.00 to $2500.00. They said their marketing company found three vehicles like mine in a 200 mile radius and that's where they came up with their price. I looked online and (of course in a larger radius) came up with a few but they were all priced at $2400 to $3900. How can I get the insurance company to negotiate the price so that I don't end up without a car. I feel like he hit me and I had a car when he hit me and I should be able to have a comparable car when it's all said and done. What are my options as far as settling for the car amount and if i don't settle do they have to keep paying for the rental car until I do settle? Or should they at least pay for the rental until I can find another car. I work two jobs so i won't be able to look for a car until the weekend but they want us to pick up the check and turn the car in Thursday. What are my options here?
Thanks alot for any help you can give me!
Kim Elliott
ANSWER: Hi Kim,
You should demand that the insurance company provide you a copy of whatever they used to determine the value of your car. In that document will be a listing of comparable vehicle that should include their location and phone number. You can call these locations to verify that they actually have the vehicle and even make a rrangements to purchase it if you want to. If the cars are not available or the information is incorrect, you can argue with the insurance company about the listing. You should also do your own search and print out any information you find to send to the insurance company.
The insurance company will likely use the rental car as a way to twist your arm behind your back. If you do not accept their offer they likely will cut off paying for the rental car as a way of forcing you to accept their offer. If you have the ability to pay for the rental car while you are agruing with them then you will have some power to negotiate.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: HI again. Thanks for your help on the previous question. I got them to come up from $1300 to $2000 on the car and I felt pretty good about that price so that's all settled. Even though we actually had to keep the rental car a few extra days and ended up paying for that ourselves.
My follow up question is on the injury claim. So far we've got $2000 for the car and about $3500.00 in emergency room bills and $200.00 for the rental car. The injury guy called me today and he said we can do a settlement where he can put like $6000.00 in a fund to pay all of my medical bills which includes the emergency room bills and any thing that is left will be just in case I decide i have to go back to the doctor again. My head is still a little sore and I am still having slight headaches but nothing real major. But I wasn't comfortable saying that I knew for a fact that I wouldn't have to go back to the doctor. So he said we can do the $6000.00 for medical and if I did have to go to the doctor again and it went over that then that would be fine and then he said he would give me $1100.00 for myself for pain and suffering. I don't feel like that number is fair. I've had a headache for over two weeks, my head is still sore, I missed three days of work on my second job and had to pay someone to help me for three days on my day job because it can't be done without me so I just had to get someone to help me. I've been completely stressed out because if I don't have a car I don't have a job. As I said I've been completely stressed out over finding a car and stuff like that and I get freaked out when it snows and I have to drive in it which is not good because I drive for my job. I guess what I'm asking is does that number sound fair??
I told him I'd have to think about it because I wasn't sure if I was ready to settle yet and he said I could call him back in a few days and let him know.
I don't want to shortchange myself and I don't feel comfortable telling him that's not enough for the suffering and pain that I endured. What would be a fair amount in your opinion and how do I say that to him without sounding crass! I'm not trying to rob him or anything like that I just don't want some fast talking claims guy to talk me into something that I really don't know anything about and cheat myself out of a settlement that is rightly mine.
Thanks in advance for your help!
Kim Elliott
AnswerHi Kim,
You should not agree to the creation of any "fund" only to be used if needed. There should be a lump sum settlement paid in full in exchange for a full release. If you do not feel comfortable signing a release form yet, there is no rush. Wait a few more weeks to be sure you feel ok and are not going to need additional medical treatment. Then if you want to settle for about $6,000.00 to $7,000.00 that would seem fair. If you can document any lost pay and extra expense you incured as a result of the accident, you should add up all of your medical bills as well as list pay and expenses, then double that amount as an initial demand for settlement. Of course you will need to be willing to negotiate a bit. Also keep in mind that your medical bills wil have to be paid out of the settlement amount.
I hope this helps
Richard Hixenbaugh
