QuestionHello Dr. Settlement. I was reading through your previous answers and was unable to find a similar question... so here goes: I was rear-ended in a thre car accident. I was in the first car, the car behind me came close to hitting me but managed to stop, and unfortunately, the car behind that second car hit that car and pushed it into my car. The third car that caused the accident hit with such force that his airbags deployed (we were on a highway and I heard his tires screaming as he tried to stop in vain). The second car had rear damage from the impact and front damage from being pushed into the rear of my car, and the car looked totaled. According to the shop, my car a 2005 is estimated at $10K damage and the other driver's insurance plans to pay for the repairs. The Blue Book Value of my car before the accident was $22K. I've done a lot of reading on your website and other sites and was shocked when the insurance company offered me only $400 for my injury claim. This alone does not even compensate me for the time I have missed from work (not sick days, but meeting with adjusters). I know this is far to low and I rejected the settlement. I am unsure of what is reasonable for me to expect. The Orthopedic I plan to visit will be charging me $550 for the office visit and x-rays. To describe my injuries, I had bad neck and back pains on the first two days, and now, three days later, I am very tense in the neck and back with less pain. I have had spasms in my leg and wrist. The general practicioner has prescribed a muscle relaxant for me. I am in the state of Texas. I appreciate any information you can provide. Thank you in advance.
AnswerDear Bailey,
You have done a great deal of research already, and I am not sure what I can add to the information you have already learned. But let’s take it one topic at a time and see how we end up.
You started out with the car damage issue, but just when I expected a question to pop up regarding repairs or such, you switched to the bodily injury offer. I want to go back to the car damage. If you have a newer car with $10,000 in damage, I am worried that you might not get full FMV when you sell it. Will the parts and repairs be done to original manufacture’s specifications? Will the warranty still be in place when you leave the shop?
It does not matter whether you intend to keep the car for a number of years. The issue is: how much value did your car lose because of this accident. I would like for you to read these two pages on diminished value claims and to consider getting professional help NOW—WHILE THE CAR IS BEING REPAIRED SO HE CAN OVERSEE ANY PROBLEM AREAS. Make sure the expert is competent to give a diminished value claim expert opinion, AND THAT HE IS CLOSE ENUF TO BE ON SITE IF NEEDED.
Diminished Value-What it is and How to Make an Insurance Claim for a Cash Insurance Settlement http://www.settlementcentral.com/page0455.htm
FAQ: Diminished Value Insurance Claims Explained in Answers by Doctor Settlement, J.D.-Auto Accident Insurance Claim Expert http://www.settlementcentral.com/page0454.htm
As for the bodily injury offer, the adjuster has no idea of your injuries inasmuch as he has no doctor’s reports. Of course it is waaaaay too low, but let your doctor’s records educate this adjuster. Don’t forget to speak with witnesses at work, etc. DO NOT BE WHINING AND COMPLAINING A LOT. They cannot give testimony about that, but they can testify that you had to lie down during the day, or that you could not sit still or stand in one place for 10 minutes. Stuff like that.
Thanks for visiting my website. I do not know what pages you saw, so let me just give you a general introduction to how to handle your own claim. Someone who is such a self-starter and thorough is more than competent to handle your own personal injury claim.
Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
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
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
With that kind of hit, and with radiating pain, be sure to take your time to settle. You had a good deal of trauma in an accident that produced $10K property damage. I am a little worried that anyone with THAT MUCH PROPERTY DAMAGE on the car likely sustained some pretty good trauma, and soft tissue injuries have a way of coming back to haunt you later when you start to get active again—maybe this Spring after you have concluded your treatments.
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
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
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
ON Valuation--write to me again once you know the reason for the radiating pain. No one would venture a guess at this time. Plus, you will have to go through some time to "use" your body in its normal way in order to see how much residual pain and suffering you experience.
Keep good track of everything. Even the time spent on sick leave or to see the doctors. By the way, your time meeting with adjusters and auto body shop owners and your own expert IN NOT COMPENSABLE. That kind of time is never an element of damages, although in fairness it darn well should be. Talk to your state legislator about getting that time paid as part of damages.
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
