QuestionMy wife was rear-ended on 2/16/06. At the seen the investigating officer directly stated my wife was not at fault and the other female was. Upon contacting the other lady's insurance company (Donegal) the claim rep. stated she will tell me what our mint condition 1990 Mazda Mx-6 w/ 190,000 miles is worth. Furthermore, I asked about propery lost in the accident and she didn't seem to care about that. Then I inquired about lost wages for both my wife and myself since I had to take FML due to my wifes "severe concusion", disorientation, unsteadiness, etc.
the only response I received was "I am not sure about being compensated for wages lost". Maybe its me, however it already seems as though they are going to try to get over on my wife and I. I must also say we have family that is in the auto insurance industry. Inwhich has advised me to try to handle this myself, but I am afraid of getting towards a "bargaining point" then realizing I need an attorney and it possibly being too late. Final question, Donegal Insurance informed me that all medical bills must go through my insurance first, yet my insurance (progressive) (who I have Liability Ins with) says that since we were not at fault we have to send all medical bills to the other insurance company....Who is right here (before these bills come in and I get sticker shock?
I thank you for any and all help, especially psycological.
Answer
Dear Michael Kelly,
I am sorry to hear you are experiencing a bit of a "run around", and especially since your wife suffered a severe concussion. Brain injury is serious business, and I would be darn sure that your wife does get a thorough examination and that you continue to keep a good history because the signs of brain injury can go unnoticed. Make sure she gets a psychological workup as soon as practicable if you think you may have to make a claim for damage from the head trauma. INSIST ON IT, and don't let some general practitioner doctor tell you that no further work need be done since she appears to be "just fine".
If I may, I will summarize your topics in to the following issues:
1. VALUATION OF CAR—TOTALING OF CAR
This is a two-pronged issue. First is whether or not you even want your car totaled in the first place. What if you have kept it up to date mechanically, as you suggest with the adjective "mint"? You will not see much, if any, increase in value for a recent brake job and tune-up, but you will get the benefit of those expenditures if you should keep the car.
But if you really do like your car and it is in excellent shape, why not keep it? Take a look around to see what else you can buy for the money you will get for this car. If you want to keep your car, explore using NON-OEM PARTS, INCLUDING USED PARTS whenever they make a big difference in price.
The second part of this first topic is valuation of the car. What about that upgraded stereo system, or the new tires? And—don't forget to collect for the unexpired portion of the license tabs.
I have much free information on ALL OF THESE TOPICS on my website. Point your browser to the following:
http://www.settlementcentral.com/page0007.htm
Car Accidents: Handling the Accident Scene & Your Damaged Vehicle (Part 1)
2. LOSS OF PERSONAL PROPERTY
See my link above to learn how to collect for your damaged personal property. You will be paid for that in accordance with the quality of your proof of value and damage.
3. WAGE LOSS TO ATTEND TO WIFE
You will have to wait on this until you settle her personal injury claim. Include it as a cost, an item of special damages: necessary services.
4. HOW TO DEAL WITH THIS INSURANCE ADJUSTER
Hey, don't feel "special" in getting an unusual one: many insurance adjusters are unresponsive to the claimants' needs. Have patience, take the high road, don't make threats, or try to intimidate or let them know that you will not be pushed around by trying to be tough and insulting. It never will pay to do those things.
Instead, do as above, and as we suggest in the following page of my site:
http://www.settlementcentral.com/page0059.htm
Car Accidents: Insurance Claims Adjuster; Correcting Officer's Report (Part 2)
5. WHO SHOULD PAY FOR THE MEDICAL BILLS AS INCURRED?
Actually, we RARELY recommend using the tortfeasor's insurance. Please see the following two pages, among others, for an enlightening discussion of all facets governing payment of medical bills as incurred. I guess that medical insurance is usually the first choice, for reasons cited on the following pages of Dr. Settlement's site.
http://www.settlementcentral.com/page0201.htm
Personal Injury Insurance Claim: Insurance Company Payment of Medical Expenses as Incurred
http://www.settlementcentral.com/page0203.htm
Managing Your Medical Care
6. SHOULD I GET AN ATTORNEY?
A "severe concussion" may require an attorney to take the claim to trial. BUT, WHAT IF THE OTHER SIDE HAS MINIMAL POLICY LIMITS? Why would you need an attorney to collect what should be paid to you in any event?
Given what you have told me, if your wife's injury is at all serious, then her claim will easily exceed minimal policy limits and they SHOULD BE paid out to her without having to go to court. Why pay an attorney one-third JUST to sit back and open the letter awarding policy limits?
On the other hand, if the limits are higher, there is no reason why an intelligent victim who is willing to do a little work cannot achieve a good-sized offer to take to an attorney, hire her and exclude the offer, and thus achieve a substantial reduction in attorney fees.
7. THANKS FOR PSYCHOLOGICAL HELP.
You are welcome: that is why we are here. We enjoy helping people, and on our site, we also make sure to let members know how to do every little and big thing necessary to achieve a maximum personal injury award.
I trust this information has been helpful to you, and I respectfully request that you take the time to complete a feedback form for me.
Best Wishes to you and to your wife,
Dr. Settlement, J.D.
Www.SettlementCentral.Com
