QuestionDear Dr. Settlement,
I have been reading through theses posts and your website and have found a lot of heplful information, however, I would like to ask your take on my specific sitation.
Six weeks ago, my 18 year old son, bought my 1998 Mercury Mystique from me for $3000.00 because I bought another car.(I paid $4500.00 for this car 2 years before that and had just that week put in a new transmission and new tires - to be all safe for him.)We had not changed over the title.
Two weeks after that while my son was headed to class, he attends the university in town,lives at home and has a job,was hit (t-boned) by a lady running the red light in her Escalade. Her car hit his in the passenger's door, raised up the car and shoved it over 2 lanes. He was, thankfully wearing his seatbelt, however was shaken all around and the visor was broken due to the impact and smashed between his eyes. The lady was cited and by the time I got there Zac had already refused the ambulance, although his head was bleeding and the Officer noted to me that he was stumbling around. I promptly took him to the ER and had him cheack out - the cut was not too serious, but his head was swolen and bruised and pain was a 9 out of 10. The ER Doc took x-ray only - nothing cracked and said he probably had a slight concussion, gave him pain meds, anti - inflammatory, and muscle relaxers. Also, because it is pertinent, Zac has had 2 prior concussions, 1 from high school football injury 2 years ago, and the other was even more serious just 10 months ago, Zac was hit in the eye with a softball causing a concussion and orbital fracture, which required surgery and a titanium plate and there is still permanent damage to his eye, and of course that is right where he got hit again.
The Questions:
1. The insurance adjuster for Grange is offering me $2800. for the car, even with all the invoices from the work. That does not even replace Zac's money just paid for the car. I have tried to show local vehicle prices higher but they will not budge. Is there anything eles I can try or should I just accept it? After 2 weeks they did give me 14 days of a rental, but it still cost me for the Collision Coverage - $194. - I only had liability on the car. Can that be recovered?
2. We went back to Zac's Dr.'s from the eye surgery because his vision was a blurry for a few days, but he found no damage, and the surgeon gave him different pain meds for the headache and said the plate was in tact so it was good. Zac does not want to be injured again and at the Dr. will say he is ok that the pain is not too bad, but at home it hurts and he has other symptoms like trouble sleeping and concentrating on his studies. He says it will be fine, and doesn't give the Dr's much to go on. He said just settle the medical claim so he can maybe get a car again. There have been some copays and meds, but I filed my insurance for them also. Do I just show the reciepts of what I paid to the Ins. Co. or do I need to get the whole bill statement? My insurance co. wanted me to file the mediacal claim with them but I am insure of what to do. Advice.
3. We live in Georgia and Zac is a good student - he has the Hope Scholarship to help pay for College. The weeks after his accident were the last weeks of school and he missed classes and could not focus on his papers or tests and did poorly. His GPA fell from a 3.0 to a 2.0 due to this. Now he will loose his Hope Scholarship for next year. Is it possible to try to claim this loss?
4. We have a court date for the other driver's arraingment from this, do I need an Attorney for that?
5. This final question does not pertain to the accident but rather the injury from 10 months ago. It was a Church softball league game so no one was liable for the injuries, however when the ambulance arrived and pulled onto the field, my son was laying in betweeen 2nd and 3rd bases, they checked him over - his face was so swollen he was hardly recognizable and was bleeding a lot, had me filing out Insuraqnce papers and I looked over and they asked him if he could just get up and walk to the gurney because he was a big guy, he said I'll try, and the helped him up - he the began to have more svere pain and began vomitting that did not end for 24 hours almost constant. I was so mad - he even had to hold his own FULL spit tray in the ambulance. I called the ambulance co. and they said they do have a no walk policy and apologized and said they would investigate. They did and told me the EMT's were reprimanded. I believe that making him walk surely made him worse, is there anything I can do about that?
I know this was long - thank you so very much - I look forward to your reply.
Julie
AnswerDear Julie,
It is no fun to watch our children suffer with injuries. In this case, the injury is severe, at least from what you have described, and one that may give him problems in later years. I want to ensure you GET COMPETENT MODERN HELP FOR A SERIOUS BRAIN INJURY, and also I do not want your son to settle for far less than he should.
1. OF IMMEDIATE AND UPMOST IMPORTANCE IS TO GET YOUR SON TO A NEUROPSYCHOLOGIST OR A NEUROLOGIST—other than the surgeon he already had—ASAP.
Your son has all of the classic signs of a serious brain injury. It is beyond belief that someone somewhere somehow did not put this man in for a CAT scan or MRI of the brain. Make darn sure that the new doctor knows about your son's past significant brain traumas, that he hit his head hard enough to smash the visor, that the police reported him as stumbling around, that his head was swollen, and that his pain was 9 of 10.
With that history alone the doctor should have ordered more through and accurate tests.
[side bar: GET PHOTOS OF THE VISOR OR GET THE VISOR ITSELF, and PhOTOS OF THE CAR. YOUR SON'S MAJOR CLAIM IS BRAIN DAMAGE FROM DIRECT TRAUMA. You MUST preserve the evidence of the trauma if it is at all still available.]
Sure, the first surgeon is going to believe that his work will hold up. I know that the doctor will tell you that all is well with the work he has done, but I will bet that if you research your son's injuries and symptoms online or with another doctor, you will find that people have a lot of problems in later years, even with excellent care in the early stages.
I am not trying to scare you: but I do want you to think about whether or not you have really given enough examination and attention to the symptoms your son is displaying. Post concussion syndrome is often difficult to diagnose. The symptoms include:
• Headache
• Dizziness
• Mental confusion
• Behavior changes
• Memory loss
• Loss of ability to think clearly
• Depression
• Sudden changes in mood
You asked about insurance. Use whatever you can for him. Use health insurance first and then your PIP/MedPay coverage on your auto policy. Use the tortfeasor's policy only when coverage for your own insurance is exhausted.
This is potentially a lifetime serious injury, and I do not want him to settle his claim too early. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
2. UNCOOPERATIVE SON IS A PROBLEM—BOTH IN MEDICAL TREATMENT AND IN MAKING A PERSONAL INJURY INSURANCE CLAIM
Your son CANNOT BE ALLOWED to sabotage his medical care and his claim. This is NOT some teenage game of seeing who can be a tough hero. This is a situation that could affect your son's life for years.
Before you get in to see another doctor, make sure he understands the value of making thorough medical records so the doctor can make accurate and complete medicals records that will better support your son's personal injury insurance claim.
Medical Records Key Personal Injury Insurance Settlements http://www.settlementcentral.com/page0114.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
3. ANY CLAIM FROM THE VIOLATION OF THE EMT "no-walk policy"?
What you believe could be perfectly correct, but if you wish to pursue a claim on it, then you will have to come up with some proof.
Thus, in this instance it appears that your son was exhibiting one of the signs of a concussion. It is a condition in which they know walking will make things worse for the patient. IF the doctor has this in his records and he will say that some damage was done by walking, then there is something to go on. An attorney would have to advise you about making a claim.
If it was just the vomiting, then there is nothing to go on. Such vomiting is also a sign of a concussion. You will not win a malpractice case on speculation; medical testimony is required to prove your son's claim. Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
4. COURT HEARING FOR TORTFEASOR—SEEK RESTITUTION VIA PROSECUTOR
NO, you do not need an attorney. Your son is not a party to the filing. He could be a witness for the state. One thing you can ask the judge about is RESTITUTION.
TRY TO GET THE JUDGE TO ORDER PAYMENT FOR ANY DEDUCTIBLES YOU HAVE HAD TO PAY, and also any unpaid value of the vehicle. Have all of your documents in order and summarized. Hand them to the prosecuting attorney and ask her to go after restitution for you and your son.
5. YES, YOU CAN CLAIM FOR LOSS OF YOUR SON'S SCHOLARSHIP
Yes, this loss of scholarship is a consequential damage item from the trauma suffered to the brain of your son. You may surely claim it for him, but of course you will need to support that claim with both letters from school and his doctor.
6. THREE IDEAS FOR COMBATING AN OFFER OF AN UNDERVALUED VEHICLE THAT THE INSURANCE AGENT WANTS TO TOTAL
A.) SAVE YOUR CAR FROM BEING TOTALED BY REPAIRING WITH 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.
Have you considered whether or not YOU want your car "totaled"? Do you know whether or not the money you will receive will buy you anywhere near the same quality of transportation that you enjoy with your present vehicle
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.
Ask what the body shop would charge to repair your vehicle with USED NON-OEM parts. You can negotiate to leave some cosmetic damage showing to save money.
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.
Here is one way to get the insurance adjuster at her own game. Let's say that you value your car at $5,000, but the insurance adjuster, after considering the latest documentation you have to offer, values it at only $2,800. Don't forget, that is her value BEFORE THE ACCIDENT.
NOW, if you were to pay that amount and then to set up the repairs to be done with USED NON-OEM PARTS, and perhaps forgoing some of the strictly beauty finishing items, you could get repairs done for a lot less than the estimate given to the insurance company. Say, around $1,300.
You pay for the state patrol inspection and then the re-licensing through the Department of Licensing
You will have the auto body company authorized to repair with USED NON-OEM PARTS, which in this case, will bring the cost of repairs down to $1,300. To that you will add the cost of inspection ($100) and re-licensing (say 8% sales tax times the salvage buy-back price of $2,000, equals $160).
In summary, you got $2,800 cash for the car, and you paid out $700 plus $1,300 to get it repaired and ready for inspection and licensing, which are $100 and $160, respectively.
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. Use a distance of at least 300 miles. 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. Since you have made major item replacements, above and beyond normal maintenance, you need to document them and include your receipts for all recent work done, tires added, etc. How about new tires or a new stereo system? Car Accidents: Totaled, Repair, Valuation, Your Rights http://www.settlementcentral.com/page0007.htm
7. FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Communicate with the adjuster in writing, showing your own analysis of value. It is fine to meet with him or her, 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.
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 locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
http://www.SettlementCentral.Com
