Auto Insurance Claims: auto accident, personal injury attorney, chronic back pain


Question
QUESTION: hi my name is nathan i'm 20 years old,i was recently in an accident on sept. 6 of 2006. i was a passenger in my friends 86 ford ranger. while me and my friend where heading up north to go fishing we were in the fast lane on I-5 going about 65-70 mph as when the left rear tire blew which sent us into a spin,  then after spinning about three times the tire that blew caught and we ended up rolling twice. [ from what the witnesses said] i don't know how many times we rolled. anywayz i've had chronic back pain after the wreck. and up until a few months ago i found out i had a ruptured disc in my back. i've been going to doctor to doctor trying to figuire out whats the best way to take care of a ruptured disc. so far i've been through therapy chiropractors and now recently i've tried steroid injections. the pain has never gone away and it is getting worse. So far i've gone over my p.i.p claim  money which was 10,000. and the claim adjusters want to settle the next time we talk. my question to you people out there is what should i do?? and what reasonable amount of money should i get for this??
ANSWER: Dear Nathan,

As for the PIP, you should have both his policy and your own auto policy to tap into.  

You have MOST SERIOUS INJURIES, and unless you can prove negligence, you will just be offered a token "go away" figure, instead of the tens of thousands of dollars your claim could be worth.

I have no idea on what grounds you are able to make any claim for negligence against anyone based upon what you told me.  Is there some reason to believe that the tire manufacturer was negligent, or that the driver was going too fast for a tire that was worn?

Have you checked the tire to see how worn it is?  If you do have any grounds for a claim of negligence, do not discuss them with anyone but your attorney.

The main point is: get this to a good personal injury attorney ASAP and let her figure out where the negligence is.   

My website, below, exists to show injured people how to settle their own claims.  But in VERY SERIOUS LIFE LONG injuries such as yours, we ALWAYS INSIST ON RECOMMENDING AN ATTORNEY.  THUS, GET YOURSELF OVER TO AN ATTORNEY ASAP.

Since you have a HUGE PERSONAL INJURY CLAIM (IF you can prove negligence), DO NOT EVER TALK TO THAT ADJUSTER.  NEVER, NEVER talk to the adjuster ABOUT ANYTHING -- fishing or sports or anything.  NO MORE talk at all: EVERYTHING you say will be recorded and can undermine your position later.  The adjusters are pros at this, so in this particular case of jumbled liability combined with HUGE claim value, keep your mouth shut and communicate by writing only, or thru an attorney.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com

---------- FOLLOW-UP ----------

QUESTION: ty for replying so quickly. so as in negligence what do you mean by that?? if the tire was a worn tire would that be negligence at my friends fault?? and if it was his negligence and it was my friends fault  what are the outcomes of the settlement if it is his fault. would i get less of an settlement or what would happen?? And one more question. how long do these claims usually go on if you turn done the first offer?? and i know you really can't tell me what i'll get. but for instance what do you think i should end up with what should i take  and what shouldn't i take???
ANSWER: Hello again, Nathan,

Thanks for the nice comments on the feedback forum.

I am not going to answer your question as you have asked it because we first need for you to understand that Santa is not going to rush in and give you a settlement because you have been such a good boy.

Go back and re-read my first answer.  You will only get a small "annoyance settlement" UNLESS YOU CAN PIN THE TAIL ON SOME DONKEY, i.e. prove negligence.  

As I mentioned the sources of negligence above, they are 1) your friend for driving on poor tread; or 2) the tire company because the tire was in good shape but it failed; or 3)--there is no #3 that I can think of.  

So, Nathan, go back to what I put down for you and read each sentence and follow each sentence.  If you do not, you are an absolute fool inasmuch as you are fresh bait for an insurance adjuster who will get an "employee of the month" award for screwing you over so well.  Does that make it clear enuf for you?  

Why do you not follow what I have told you and instead ask about how much you should get?  That is an inane question if you have no one who was negligent.  IT IS YOUR DUTY TO PROVE NEGLIGENCE, AND THAT IS WHY YOU NEED AN ATTORNEY ASAP.

I am really disgusted that someone of your ignorance regarding the tort system is so willing to forego tens of thousands of dollars because he is so stuck on negotiating this by himself.  

IT IS ABSOLUTELY NONE OF YOUR BUSINESS TO ASK WHAT THE CLAIM VALUE IS.  You are incompetent to do anything with the information since you know nothing about the insurance claims process.  Please do yourself a favor and follow to the word what I already wrote to you in my last three paragraphs above.  That way, you will be assured of getting something closer to actual value than if you persist on your own.  Good luck, Nathan.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com

---------- FOLLOW-UP ----------

QUESTION: so lets get back to the negligence thing. if i can prove this tire that blew was a retread, is that negligence?? Also i do realize that i don't know anything about these claims, thats why i'm seeking advice. And yes, i em going to get a lawyer asap. i might be young and dumb but i'm just curious!? i'm sure you've heard this hundreds of times but i didn't ask for this to happen to me. i would give alot of things just to go back and change the past, i wish this never even happened. Anywayz ty for your help. you've answered my questions that i needed answers to Thank You

Answer
Thanks again for your feedback, Nathan.

I needed to give you some "Tough Love--Legal Style"!

Negligence means that someone owed you a duty of care and he breached that duty.  Having a retread by itself will not be evidence of negligence.  Thousands of businesses sell excellent retreads everyday across the land.  

BUT, NOT PAYING ATTENTION TO THE CONDITION OF THE TIRE COULD BE NEGLIGENCE.  You can ask some questions like where he got that tire and when and then have him estimate how many miles were on it at the time of the wreck.

But beyond that, leave it to the attorney to make the case for negligence.  We are pretty experienced and we can make a case where some think there would be none.  That is how the attorney earns her money.

Do not try to make up some negligence claim by getting your friend to cooperate.  Besides, the claims department already has looked into the condition of the tires.  

Here is the thing: it is none of your business to try to cook up a case of negligence by huddling up with your buddy. True, he will not be hurt by agreeing that he had bad tires.  Just his insurance will pay.

BUT if the two of you get together and cook up a story, that WILL  BE COLLUSION, AND NO INSURANCE WILL BE PAID, plus there could be a criminal investigation.

So settle down and get an attorney and let her earn her fees.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com