QuestionHi my wife was riding a bicycle yesterday with a friend here in salt lake city,
and a driver driving under the influence of alcohol hit my wife from behind.
My wife jumped out of the bike and crawled to the side of the road to save
herself from the car. The driver did not wanted to call the police, but my
wifes friend did that and police and ambulance arrived to the site. Then the
police found the driver had been drinking and was charged with a DUI plus
injury of a person I believe is the term. I took my wife to the medical center
and she stayed there, she has a broken coxis and was very lucky, thats what
the doctors said, the coxis would end up healing some time in the future. I
just got the insurance of the driver AAA, and I was wondering what should I
do next, hire a lawyer, call AAA and tell them what happened to open a case,..
Could you please explain what are the next basic steps for us to follow.?
My wife and her friend were riding their bicycles at the correct side of the
road, in line one in front of the other, with helmets and reflectors on the tail
of the bikes.
Thanks a lot for your response.
AnswerHi Ed,
It is always tough for Doctor Settlement on personal injury details inasmuch as the ole Dr. Settlement has much experience with injured victims of negligence, and I hate to see how the trauma has impacted the victims of negligence.
In this case, Doctor Settlement knows auto accident injuries so well that I can say with authority that your wife is JUST NOW STARTING A LONG TERM PROBLEM WITH PAIN AND SUFFERING.
Here are the choices. First, make sure that you use your own PIP or Med/Pay first party benefits to get all the medical care that is needed. Your wife is covered by your own policy for both first party medical pay and wage loss. Furthermore, if the tortfeasor's policy limits are minimal, then your own Underinsured Motorist Coverage (UIM) will kick in to provide insurance for the full value of your wife's claim.
Do not goof around with some promises from the third party adjuster. Your own insurance will not increase your rates since this in NOT an "at-fault" accident on the part of your wife.
Let's start with whether or not your wife should make a recorded statement to the adjuster. We trial attorneys almost always advise against making a recorded statement. Why? Read up on the following links to see how the adjuster can take advantage of you. No insurance adjuster http://www.settlementcentral.com/page0206.htm recorded statements ALLOWED by common sense!
Be Prepared for the Kinds of Questions insurance adjusters Might Ask you. Of course we would like to avoid giving any recorded statement, so ask the insurance adjuster to send a list of questions since you do not think well in quick pressure situations. Fat chance she will do that, but you could try. At a minimum, you need to be prepared for an interview.
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
Here are two pages that tell what to do now if you have already given a recorded statement to the adjuster.
http://www.settlementcentral.com/page0058.htm Recorded or Written Statement To The Adjuster After Injury Accident?
http://www.settlementcentral.com/page8014.htm What to do if you have already given a recorded statement to the insurance adjuster
Xxxxxxxxxxxxxxxxxxxxxxxxxxxx
OK, Ed—you asked about how to proceed, so here is a list of pages that have some ideas for you on how to make an insurance settlement. You are absolutely correct that now is the best time to learn how to submit and settle your own personal injury insurance claim—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
Personal Injury Insurance Claim Medical Bills http://www.settlementcentral.com/page0201.htm Insurance Company Payment of Injury Medical Expenses as Incurred
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
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
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Next, you asked whether or not you need an attorney, or are there any Do It Yourself Advantages. As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute, although you DO HAVE SOME SIGNIFICANT 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 http://www.settlementcentral.com/page3011.htm Save Thousands of Dollars Settling Your Own Insurance Claim
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 Settlements http://www.settlementcentral.com/page0014.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
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
With the very difficult injuries you sustained, Ed, I think you can really improve the value of your claim if you GET WITNESS STATEMENTS.
Witness Statements Settle Personal Injury Insurance Claims http://www.settlementcentral.com/page0196.htm
You should use a witness statement to document what you need to in support of your wife's claims of pain and inability to perform chores at work or around the home. We use co-workers, family, and friends to make up witness statements.
Keep track of work, home, and activity problems and make the witness statements based upon what the witness could see or hear or observe, as opposed to what YOUR WIFE TOLD the witness (which is hearsay, so not as valuable as first hand observations). Just because it is not paid, do not dismiss domestic chores as unimportant. Housework and yard work and caring for children are surely valid things that must be done, and any difficulties you have doing these tasks, or any pain your wife feels at night or the next day after a bout of doing these tasks is good fodder for a witness statement. Witness Statements http://www.settlementcentral.com/page0196.htm Settle Personal Injury Insurance Claims
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Because of the serious long term consequences of your injuries, I would also CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling the insurance claims.
Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
Since you would not be asking for a narrative report until much later after you have healed, 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. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
POLICY LIMITS SITUATION
I think that your wife's claim value could possibly exceed most insurance policy limits. Hence, it is best early on to consider a POLICY LIMITS situation for the tortfeasor, resulting in an Underinsured Motorist Claim (UIM) against your policy.
What if the tortfeasor has coverage of only your state minimum insurance liability policy limits http://www.settlementcentral.com/page8008.htm? Look up the state where the tortfeasor resides to see what the minimum liability insurance policy limits are.
If it is something like 15/30, then that means that $15,000 is the bodily injury liability for one person in an accident, and $30,000 is bodily injury liability for all people injured in an accident. Thus, if the tortfeasor has just the minimum, then $15,000 would be all that is available to your wife. Same result if it is 25/50, except that the limits are $25K and $50K, respectively.
If that were all the insurance that is available, then you likely would be in a policy limits situation if your wife's doctor is predicting future problems with all of her injuries.
The value of your wife's claim DOES GET A BUMP based upon the social hatred for the acts committed by the tortfeasor. JURIES PUNISH DUI criminals. Hence, you can expect some extra bump in value due to the despicable actions of the tortfeasor.
Take a moment and become familiar with some of the issues in policy limits insurance claims http://www.settlementcentral.com/page0451.htm
NOTE: don't go asking what the limits are until you get into full blown negotiations. We teach our members how and when to demand limits information.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
FINAL TOPIC, Ed: 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
