QuestionDr.
I was recently in a car accident in April. The other party was found at fault. I was rushed to emergency because the impact pushed me from driver side to the side hitting the windshield. It has been determined that I have herinated disk in my L4 L5 and U1, and I just had Ulnar nerve surgery in my left arm. The person at fought had the min. of insurance coverage and my bills are getting ready to exceed their policy. I have already open a UM claim to pick up the rest, but I am concerned that it may not be enough and that I can not sue myself. What should I do?
AnswerHi Chris,
You have a VERY SERIOUS INJURY, and please get some good professional information before you take any action toward settling your claim. I think you need to consider three things:
#1. Should you accept the tortfeasor's policy limits or sue to take their assets?
#2. Can you get your health insurance and auto PIP or Med/Pay to waive subrogation?
#3. Make sure that your own health insurer and auto insurers have notice of your desire to settle with the tortfeasor and that you intend to fight their claims of subrogation.
#4. Are your UIM policy limits at least $100,000? If not, better get some advice on whether there is some other tortfeasor you can bring in (i.e. bad roadway planning).
Here is some background to consider when contemplating which way to go.
Directory of Legal Information on Liability Insurance Policy Limits Settlements http://www.settlementcentral.com/page0451.htm in Personal Injury Insurance Injury Claims: Car Accident Injuries, Dog Bites, & Slip and Fall Insurance Claims
Introduction to Subrogation http://www.settlementcentral.com/page0459.htm Insurance Companies Want Forced Payback to YOUR OWN Insurer From Your Personal Injury Award
If you have less than $100K UIM, then you might be able to handle this yourself, ASSUMING two things: 1) there is no chance of naming another tortfeasor; and 2) you can work thru the subrogation claims to your advantage.
There are excellent step by step instructions to handle policy limits claims and subrogation defenses at www.SettlementCentral.Com members' side. But do not become a member of my website unless your UIM limits are less than $100K, since you ought to be able to get those limits on your own with the demand letter www.SettlementCentral.Com insurance claim examples and negotiation instructions.
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OK, Chris—now it is to learn how to submit and settle your own personal injury insurance claims—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
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
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
This is a list of questions insurance adjusters ask http://www.settlementcentral.com/page0207.htm injured claimants.
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
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
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex 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; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
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 Settlement" http://www.settlementcentral.com/page0102.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
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FINAL TOPIC, Chris: 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
