QuestionQUESTION: I had a three car accident which the first car (no insurance driver) hit the second car which hit me. The insurance company paid to get my car fix and agree to pay my medical but I am a veteran which the VA medical center do not charge me for bills. Therefore the insurance company is only willing to give me $1000. b/c they said my bills is not much. My car had $7000. worth of damage and I was out of work one week and in pain six months after. Can I sue in my local court for a company in Texas and can I sue the second driver for traveling too close? We both have the same insurance. The uninsured driver is no where to be seen but I have a police report.
ANSWER: Hi Cece,
Since the uninsured driver is gone, your claim will be a combination of both your UIM and the second vehicle. If your UIM is big enough, then why not just stick with it and do everything thru your own company.
That way you do not have to sue somewhere else. I guess that the accident happened away from your home, but I have no idea why you mentioned suing in Texas if you did not tell me where the accident occurred. You will sue where the accident occurred ONLY IF YOU ARE GOING against the second tortfeasor.
But if it is just your UIM claim, then yes, that claim can be resolved in your home state. So if Texas is your home state where you purchased your UIM coverage, that is where you will conduct the UIM arbitration or trial.
As for the offer, one has no idea again because of lack of facts. How can I tell whether or not the $1,000 is bonus big money or a marginal offer if you don't tell about your injuries?
I am left to guess based upon the damage to the car, and that is no guide at all. So I cannot comment upon the offer.
BUT, AS TO THE BASIC QUESTION: No, you do not have to provide the basic estimate of costs to the adjuster inasmuch as the value of your claim should be based upon the suffering and time away from work and the quality of the medical record.
You need to be sure that your written notes from your medical record are in the adjuster's file. BUT I would never invlove the VA in this. I would watch out about alerting the VA too much regarding this claim since they can file a lien for payment of their costs. Therefore, DO NOT ASK THE VA TO MAKE UP A SHEET SHOWING THE REASONABLE MARKET COST OF SERVICES. YOU MIGHT END UP WITH THEM FILING A LIEN VERSUS YOUR AWARD.
I do not think you need the market cost of your services, but I have used this technique in the past when my client had a lot of USN medical treatment. Instead of going thru the government for an estimate, I would ask a local practitioner to take a look at your medical treatment and to estimate the cost of same. You do not have to use a doctor. Someone knows someone who is an office manager somewhere for a doctor and she can help to make a witness statement regarding the estimated costs of your services.
But, as I say, it is the quality of the medical record that is going to make the value in your claim. IF YOU DID NOT SUBMIT YOUR RECORDS, DO SO NOW WITH A DEMAND LETTER.
Do NOT tell the VA desk clerk what you need the records for. Just ask if she can copy off the past year of so of your records "just so you can have them." Then make a solid written demand letter and start anew with the adjuster.
Thank you for your service to your country.
Dr. Settlement, combat veteran Vietnam Brown Water Navy
www.settlementcentral.oom
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QUESTION: Sorry for incomplete details but I am filing against my insurance which is offering me $1000. I was a week out of work from two jobs, the accident happened in 9/06 and I still feel pain occ. and I have sent a demand letter going as far down as $10,000 for loss wages and pain. The insurance company is only wanting to pay $1000.00. The representative keep stating I didn't have any medical bills to pay for. That's why I'm suing the second car and I wonder should I sue my Uninsured motist insurance also. The accident happened in Georgia where I live. My insurance company is USAA in texas
AnswerUSAA has really gone downhill in recent years, according to a lot of posting on the Internet. Google USAA and employee comments, for example.
At one point it sold only to officers, but since they opened it up to even the lowest enlisted, then they have exposed the existing policy holders to subsidizing those immature drives with higher premiums and refusal to make fair first party settlements.
Here is what I would do: write to the chairman of the board and to the chief executive officer. Tell them that of all companies to pull such a stunt, IT NEVER SHOULD BE USAA since they KNOW DARN WELL that most of their policy holders get government medical care and such IS NEVER BILLED AT MARKET RATES.
Yes, you can have your UIM claim arbitrated in your home state. Unless, of course, the company elects to make you go thru a jury trial, in which case they would have to bring to bear that little time bomb hidden in your policy that says each party has the right to resolve differences AS IN THE MANNER OTHER CIVIL MATTERS ARE RESOLVED (i.e. jury trial).
Read here for how and why your company fooled you that way:
http://www.settlementcentral.com/page8008.htm
I would make a petition for a UIM arbitration right there in your home town.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
