Questioni was in a car accident on 7/4 my boyfriend was the driver he was completely at fault it was a four car accident he slammed into the back of another car that hit the other car etc...everyone went to the hospital except us, we were not injured, his car was deemed totaled does his carrier have to pay him total blue book value for the car even though he was @ fault and he still owes $12,000.00 on the vehicle and he was at fault blue book is $16,000.00 on the car...
AnswerHi Sydney,
I am going to answer your question first, but then I want to address potential injuries that can pop up a month down the road from now.
The insurance DOES NOT PAY BLUE BOOK VALUE. True, Blue Book might be one piece of relevant evidence, but actual sales are also used. The insurance has to pay actual cash value, plus the unexpired portion of the tabs. Plus any personal property. Plus any add-ons that increased the value of the vehicle.
http://www.settlementcentral.com/page0007.htm
The best thing for you and for him to do is to get busy finding comparable sales. Remember that asking price is not a sale price, but still it is relevant. AND DO NOT BECOME INTIMIDATED BY THAT B.S. COMPUTER PRINT OUT THE ADJUSTER IS GOING TO HAND TO YOU. Those are not real sales, but projected sales.
Go thru online classified and autotrader.com and edmunds.com and local and distant auto dealers and get all of your information to support your claim.
NOW, on to the topic of your injuries. Soft tissue injuries are likely in a wreck wherein a vehicle sustained such high damage. They might not show for a few weeks, but believe me, with that much trauma, you WILL feel pain sometime with doing your physical activities.
First off, since your boyfriend is already in an at-fault accident with plenty of money paid out, whether you bring an injury claim or not will not affect his future rate one bit.
The adjuster will try RIGHT NOW to settle with you. She will say that you should get $500 for going thru the accident and any pains you might have. Don't do it.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT YOUR SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES. 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 your 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.
Your body suffered a VERY LARGE TRAUMA, and it likely impacted your soft tissue connections in ways we do not yet even know. In soft tissue cases the full extent of most injuries is not known immediately because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her 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 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 three weeks later when you mow the grass or go boating or water skiing and the pain starts to become too much, you go to a chiropractor 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: when you cash the check, you agree to close your claim in all aspects. Check with your PIP adjuster to find out whether they will pay anything once you close the claim against the tortfeasor.
Here is another 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: no one will be there to pay for your future medical or chiropractic care; nor will you ever 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
There may be a dull ache at night following 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 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 CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
