Question My wife had an auto accident. From what I was told by the police officer, and my wife, She pulled out in front of a van that was allegedly doing 50 MPH. That is what's posted. There was a woman and her 10 year old son in the van. My wife asked the officer if they were ok, and he in turn said "yes." However, the lady was taken to be checked out by ambulance. The boy did not. Now, Their Attorney sent us a letter wanting compensation for their 94 Chrysler van with 173,000 miles in the amount of $4,500. I called him up and he told me to offer like $2,000, and they would most likely accept, which they did. After the fact, he sent me pictures of their van with some guy under the hood, and the damage doesn't look to be nearly as bad as I would have thought by looking at my wife's 94 accord. The left front fender,tire, door, and the window behind the door was shattered, however the police report shows no such damage in that area and it doesn't look like that panel was damaged at all. The pictures are of low quality as well, focused only on the damage, not the vehicle as a whole.
Now, on to the medical. The accident happened on 1/31/07, and from what I am being told by both their insurance, as well as the attorney is that they are both in treatment for soft tissue damage to date. I am not sure what questions to ask, or what information I am able to receive. I have little knowledge in soft tissue claims, but am told by many that there are many fraudulent claims every year. Something tells my that this may be one of them. Lastly, should I make out an agreement like I saw in another post and pay for both at the same time seeing as my wife lost her license until all damages are paid and the medical portion seems to be taking a very long time? Any and all info/advise will be very much appreciated. Thank you
AnswerHi Rolando,
The property deal is done, so why worry about it? You delivered the money and they accepted. End of issue, unless there was fraud on their part, which is not likely inasmuch as they have an attorney involved. He has a duty to treat you without fraud, and he is not about to lose his license over some two-bit accident claim.
Even if you have not sent the money, it is not going to be much less than $2K by the time a body shop finishes its estimate. Have them give you a body shop estimate.
You can settle the property damage issue now if you wish, or try for an early settlement of the personal injury as well. One advantage of making an early arrangement is to get your wife’s license back sooner.
And you may not have to wait until she finishes all of the treatments, either. It is possible to make arrangements to post money into a blocked account.
The license can be restored ASAP via the department that took it away. They have what is called a financial responsibility law, and if you cause an accident, then you can post the amount of claimed damages into a blocked bank account (in which you can earn interest) until such time as the case settles. Since the third party has until the statute of limitations to sue, your wife could be without a license all of that time unless you make arrangements to post that amount which is allegedly sufficient to cover damages.
Another arrangement is to agree to a promissory note with interest. You could offer to secure it with personal property, such as your car.
As for fraud in the claim, that is not a worry since they have an attorney. However, the attorney will surely build the best case he can for his clients. How do you figure out the value? How will you negotiate?
Maybe advertise on Craigslist or Backpage or Monster for a retired insurance adjuster. She could help you to negotiate the claim since she would know the value of the claim better than you.
You could also hire a personal injury attorney to assist you. Is that too much expense? I don’t know—what if they demand $19K and the attorney can settle it for $6K? That is a good investment.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
