Question Doctor Settlement, I was in an auto accident where a driver pulled across oncoming traffic. I t-boned him, was spun around in the road and then side swiped by another car.
I am being treated for back and ankle problems among several other things and both conditions have been aggrivated by this crash.
I choose not to have an ambulance called as this would have only resulted in a long hospital stay only for them to tell me what I already know. At he accident site I was shaken up but knew that I was basically OK.
I am currently on state unemployment which will run out in 4 weeks. Add to this the fact that I had just left the hospital where an appointment was made to have my ankle operated on, thought I have not met with the surgoens.
My vehicle has been totaled and the valuation is 20% below what I can replace it for. The at fault driver and myself are insured by state farm. I have read your info on this but thought I would include it FYI.
Do my prior physical problems make it more difficult to persue a claim. It seems as if both people having the same insurance co. degrades my service as they are not forthcoming with much help.
Many Thanks for the informative site.
TP
AnswerDear TP,
Thanks for the nice comment regarding my website at http://www.SettlementCentral.Com I wish it DID have a lot more free information; we are adding on all the time, though.
Yikes, I hope you don't walk under a ladder any time soon! You have had enough things happen to you in your life. Sometimes that can have a beneficial impact on how we value things in life, though. So I do hope you continue to see the best in each situation that is dealt to you.
You have four issues, and I will number each answer individually so you can follow along easier.
1. The easiest question to deal with is your last issue: is your claim or its value adversely impacted by having the same insurance company on both sides? Opinions vary. Some people like having just one adjuster to deal with and believe that it makes claims-handling go a lot easier.
As for me, I do appreciate the ease of one adjuster for both sides, but there just is something that bothers me about that arrangement. So I always seek to have one adjuster for my first party claim and ANOTHER adjuster (with a completely different supervisor to report to) for the third party claim, and NEVER THE TWO SHALL MEET AND TRADE FILE NOTES.
If you also like it that way, then send your two adjusters a letter to that effect and tell them that you do not authorize any part of your first party claims file to be shared with the third party adjuster. MAKE SURE IT IS IN WRITING AND THAT YOU DO HAVE A WRITTEN RESPONSE. Complain to your State Insurance Commissioner http://www.settlementcentral.com/links.php if they balk at your request.
2. "My vehicle has been totaled and the valuation is 20% below what I can replace it for."
OK, then consider ways you can find to keep it. Here are three topics when they want to total your car but will not give you sufficient money.
DO NOT "JUMP" JUST BECAUSE THE INSURANCE ADJUSTER IS PUTTING PRESSURE ON YOU. The only time frames that are worrisome for getting a TOTALED CAR paid off are two:
• They can terminate any rental that they should have given to you once they make a fair offer of settlement for your totaled car; and
• If you owe money on the car and you are short for making the current payment, you might feel some pressure to get the settlement so the loan can be paid off.
Thus, you have NO OTHER INCENTIVE TO MAKE A BAD DEAL JUST TO MEET AN ARBITRARY DEADLINE. Make sure you get the best deal you can, which may include a DECISION TO KEEP THE CAR, rather than let them total it.
So, here are THREE CHOICES. The first two deal with keeping your ride. Many people elect to fight to keep their cars by using one of the following three methods. The third choice is to let them total your car, but fight hard to increase the actual cash value. We will discuss those three in order.
A.) SAVE YOUR CAR FROM BEING TOTALED BY REPAIRING WITH USED and/or NON-OEM PARTS and STIPULATING TO IGNORE SOME COSMETIC DAMAGE.
Before we get started, have you thought about keeping your car? Many times people have put a lot of money into maintenance OR EXPENSIVE REPAIRS (i.e. new transmission) in a high mileage vehicle, and they KNOW what they have will work as reliable transportation for them.
So, rather than taking the low offer of cash and trying to find a vehicle that will be reliable, they put the money into fixing the wreck with used parts, leaving aside cosmetic damage (who cares if you drive a nine year old car with some bumps and bruises -- especially when that will reduce the repair bill a ton??).
So the first thing, if you are happy with the performance of your car, and if you have put a lot of money into maintenance or repair, as you have, would be to explore ways to keep the car.
Ask what the body shop would charge to repair your vehicle with USED and/or NON-OEM parts. You can negotiate to leave some cosmetic damage showing to save money. I would not be surprised to see up to 40% come off their repair bill in that case. If you have a car that was running fine, why not keep it, even if you have to drive around with some dents showing?
Find out the maximum amount that the insurance company will pay for repairs before they elect to total your vehicle. Then arrange for your repairs to be done within that limit. This is my first choice and better if you can make it happen. If the adjuster still wants to total your car, then you have to go to the next step.
B.) BUY BACK CAR FROM INSURANCE COMPANY, REPAIR IT, RE-TITLE AND RE-LICENSE IT, AND KEEP IT. YOU GET YOUR EQUITY, LESS THE SALVAGE VALUE THAT YOU PAY TO BUY IT BACK AND THE COST OF REPAIRS PLUS INSPECTION AND RE-LICENSING COSTS.
One would have to consider the amount of damage done in the accident to come up with a salvage value, but it should be a lot lower than the value before the accident. In rough figures, it should range around 12% to 15% of the value PRIOR to the accident.
So, before you decide to total the car, ask the adjuster what the salvage value would be. That is the amount that the company will get for the car after the accident, in its post-accident state, without any repairs having been made. Hey, this is ONE advantage of having them give your car a low actual cash value: the salvage value should be pretty low!
NOW, if you were to pay that amount and then to set up the repairs to be done with USED and/or NON-OEM PARTS, and perhaps forgoing some of the strictly beauty finishing items, you could GET THE REPAIRS DONE FOR A LOT LESS THAN THE ESTIMATE GIVEN TO THE INSURANCE COMPANY.
Plus, once the car is repaired, you will have to take it to the state patrol to be inspected as a salvaged vehicle. You will need paperwork from both the insurance company and the auto body shop that confirms both the amount you paid for the salvage, the fact that you are authorized to title the vehicle, and a receipt for the work and parts from the auto body shop
In summary, people often make out pretty well by buying their car as salvage and by following the route listed above to repair and re-title the vehicle.
C.) THIRD, FIGHT THE ACTUAL CASH VALUATION WITH YOUR OWN RESEARCH AND COMMUNICATE IN WRITING.
Now, changing topics back to how to get that value up for the insurance adjuster, let's get started for you. The first tasks are to get at the actual cash value and next throw out that outrageous offer that they made you.
My favorite sites for valuation are www.Edmunds.com and www.autotrader.com. They want to know your zip code, and then they ask for a range in miles to search. Don't limit yourself to your city: it is reasonable that someone could go up to 300 miles to pick up a used car. That way you will get a lot more information. Be aware that you should pick the option "any distance" from your zip code. You can use information from local papers, advertising flyers, car dealerships, and the Internet.
Be aware that the prices shown are the "asking" price, not the actual cash value. But also be aware that the insurance adjusters have used a computer scan of sales that were at the trade-in value, NOT the actual cash value.
If you have made major item replacements, above and beyond normal maintenance, you need to document them and ask for a review of those extras. For example, a rebuilt transmission or the like will add value to a used car. How about new tires or a new stereo system? The issue is: how much (if any) did they increase the FMV or actual cash value of the car. See this link and scroll to the bottom for more information on that topic. Car Accidents: Totaled, Repair, Valuation, Your Rights http://www.settlementcentral.com/page0007.htm
3. "I am currently on state unemployment which will run out in 4 weeks."
THAT sounds to me like you want to get this settlement over and done with so you can live on the proceeds. NO, DON'T DO THAT. This is to compensate you for your injuries, not to provide a living allowance.
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. 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
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
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
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
4. "Do my prior physical problems make it more difficult to pursue a claim? I am being treated for back and ankle problems among several other things and both conditions have been aggravated by this crash."
YES, preexisting symptomatic conditions DO ADVERSELY impact the claims handling process and the amount of the award. But let's be certain of one thing: you ARE ENTITLED TO FULL 100% COMPENSATION TO THE EXTENT YOUR DOCTORS CAN IN FACT STATE THIS ACCIDENT ADVERSELY IMPACTED YOUR PREEXISTING CONDITION.
In other words, you stated that your doctors told you that your back and ankle conditions "have been aggravated by this crash". That will be the key piece of information that you need to get into the hands of the adjuster. Make sure that your doctors DO IN FACT have in writing within your medical chart their opinion that your symptomatic preexisting condition has been made worse by this trauma.
One way to do that is to beg or pledge (make a lien from your settlement) money to buy a NARRATIVE REPORT from your doctors.
NARRATIVE REPORTS—THE SECRET INGREDIENT FOR SUCCESS!
I would also take a look at all of your medical records to see what they say. I would consider using requests for narrative reports when your doctors' notes do not have the depth that they should to convey the total picture. Using a narrative letter from the doctor can make a big boost in some claims.
As for the narrative report, it is a written letter that can be prepared by the doctor to summarize her diagnosis, treatment history, closing exam, and prognosis. Thus, in this case, your doctor can analyze and compare and argue for an exacerbation of your preexisting condition in ways that he cannot do in his office notes.
Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. For example, if you just ask for a narrative letter now, you best go in for another appointment first and document for the doctor all of those nagging signs of soft tissue injuries you are noticing following a full day of sitting at your computer or doing physical activities. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
The case of an settlement offer from the insurance claim adjuster: How to respond?
Respond to Insurance Settlement Offer From Claims Adjuster http://www.settlementcentral.com/page0244.htm
Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
LAST "SIDEBAR" TIP:
Communicate with the adjuster in writing, showing your own analysis of value. It is fine to speak over the phone, but have your 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.
http://www.SettlementCentral.Com
