QuestionThank you for reading this Mr. Hixenbaugh.
I was in a car accident Oct 25th 2006 (so the statute of limitations is quickly approaching).
Background: I was on the freeway at a complete stop. The driver of a Ford Bronco hit a Minivan ,who was stopped very closely behind me, who then hit me. The insurance company of the Bronco guy accepted responsibility for the accident. Damage to my car was $1500, damage to the Minivan was $4500 (according to the insurance adjustor)
Injury: I immediately felt a burning in my neck and went to the ER shortly there after when the neck really stiffened. I was off work for 4 days and was told to come back if symptoms of whiplash persisted (they did). My primary care physician then recommended I take off work until 11/17/06 and attend physical therapy. I did all of this. The neck still hurts occasionally when upright for long periods.
Losses: Appx. $6000 in wages and medical copays
Result: The insurance company initially tried to settle for $500, then $650, then $1000, and finally they've stalled at $2500. I (under the advice of my attorney brother in law who practices in intellectual property) took the insurance company to small claims court where it was promptly thrown out because they aren't the at fault party.
So then I sent a demand letter for the payment of Bodily injury and Damages to the Bronco Guy (as the small claims court website suggested). He turned it in to his insurance company. They wrote me that the highest Bodily injury they'll pay out is $2500 and the damages claim is still "in dispute."
I faxed the insurance company medical records and proof of lost wages and they still say all they'll settle for is $2500.
FINALLY the questions:
What the heck do I do now? :^)
*Do I need to just take the Ford Bronco guy to small claims court?
*Who is liable for the injury claim and damages claim? (if it's even a seperate claim)
*If I accept the insurance companies $2500, then does that eliminate me from being able to collect on the lost wages in court?
*Anything else you can offer? This is all so confusing to me and I feel like I've really screwed it up. Should I just go see an accident injury attorneys?
I GREATLY appreciate any advice that you can give me.
Jason
AnswerHi Jason,
The insurance company is acting as the agent for the at fault party. They are not the ones who injured you. The job of an insurance company is to try to settle the claims of its insureds for as little as possible. To do this they make the process seem very difficult and costly. They will stall and delay and will even try to make you feel like a criminal just for trying to receive just compensation.
If the insurance company will not properly negotiate with you then you will have to file a law suit directly against the at-fault person. His insurance comapny will provide him with a defence attorney. You can either file the suit and represent yourself or you can hire a personal injury attorney. Either way it would be a good Idea to sit down with a personal injury attorney just to ask questions and to learn about the process. Based on the brief info you have provided it sound like your case is likely worth 10k to 15k. Do not accept the offer from the insurance company unless you intend to accept is as payment in full. They will make you sign a release form to get their money and that will be signing away any rights you have to sue the at-fault person.
I hope this helps
Richard Hixenbaugh
