QuestionI am 29 years old, Living in Texas, and was just recently in an acident. I was hit from behind in my 91 buick (lasabre Limited 100000k miles fully loaded, new alternator, starter, wheel berring) while stationary. The visual estimate on reparing the car was about 7000 worth of damage which well exceeds the blue book value of the vehicle. The police report indicates that the other driver is at fault. The person at fault's insurance company has offered 2400 for the vehicle, but the the vehicle was worth more than that to me because in was in good working order, dependale, and easy and cheap to repair if something went wrong. I can't afford payment on a new car and believe I will have a hard time finding an equivalent car money. Can I ask for more, and if so what are the steps? If I get a send a check and I cash it do I loose the option for more money? Any sugestions on how I should handle this? I don't want to get rich off this I just want everything back the way it was.
Also the day after the accident My neck was stiff and still is along with back pain now. I can't work more that a few hours before it really starts to affect my performance at work. I am going to the doctor this week to get it looked at, but don't have any heath insurance. I was adviced by a doctor friend to see a family doctor first and he could diagnose and order the tests that he seems fit. During the time of the police report It didn't seem that I was injured and I decline any imidiate help (Ambulance). I did inform the insurance company of the pains, but don't know what their responsibilities are exactly. I also informed my insurance agency of the same information. Am I following the right steps or am I forgeting something? Any sugestions would be appreciated along with any online reference matieral that might be appropriate. I can't seem to find much on good references other than this site which has been realy informative. Thanks for you time.
AnswerDear Scott Speichert,
I will answer your questions in the order you asked them, and I will include a link or two to my website for additional information on how to deal with these problems.
First, you may be able to get the car repaired with used non-OEM parts for a lot less than the auto body quote. I agree that the LaSabre is a great car, well-built and will run for many more miles. So, if you agree to partial repairs (leave some dents, what do you care?), you might be able to arrange to keep the car, and to use the insurance check to pay for partial repairs with used parts. That might allow you to keep the car. To read about your rights in all of this, and how to do that, go to my website and read here:
http://www.settlementcentral.com/page0007.htm
You can also see information on that page about how to get a little more for new parts you put on the car (argue that they increased the value because these new parts extended the life of the car).
Once you sign the check, you cannot come back and ask for more for the car.
Regarding your injuries, get your own insurance company paying the bills and get your treatment as soon as you can. Go to my website again and read about medical care under these three pages:
http://www.settlementcentral.com/page0205.htm
http://www.settlementcentral.com/page0119.htm
http://www.settlementcentral.com/page0203.htm
As to the responsibilities, make your own company pay the bills, and submit them to the tortfeasor's company with your demand letter. Keep up with all of your medical or chiropractic care and make your own company pay as it is obligated to.
Do not worry at all about not reporting pain immediately inasmuch as soft tissue injuries may take days and even weeks before they start to show much serious pain. MOST people DO NOT report any pains just following the accident.
I trust that this information has been of value to you, and thus I respecfully request that you go to the form on this site and leave me some feedback.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
