QuestionHi,
I had a auto accident on 10/19/07. I was driving at about 5:30 AM in morning traffic. The car in front of me suddenly stopped. I locked the brakes and it was wet out and slid into the stopped car. I was traveling at about 45mph, so I slid into them fast enough to blow the air bags.Not a hard hit, maybe about 15-20 mph. Then suddenly was hit hard from behind by another car that sent me hard into the first car again. The damage to the front is up high, mostly hood and headlights and front bumper. The rear damage is unbelievable. The trunk opening is almost closed and the rear bumper is about center of the trunk. My 25 year old son was with me. His side glass was blown out and the windshield was shattered. Both seat backs were broken back and won't come back up.
As it turns out, the lady in front had stopped because there was a 4x4 fence post laying across the road. After the second impact she had rolled over the post and it was in front of my car. There was no visible damage to the car I hit and it was driven away at the scene. My car and the car that hit me had to be towed. Mine still ran and moved under it's own power , but couldn't be driven. The lady I hit refused to get out of the car and had them take her away in an ambulance. She has lawyered up and won't give any statements to the other 2 insurance companies. American Family hit me and I have been working with them and my insurance , Farmers. I did not carry full coverage on that car, so settlement is only with American Family. They want to give me 70% of the total loss on the vehicle. The vehicle value is $13,400. It's a 2004 Dodge Stratus RT with 40K miles and was in immaculate condition. Their reasoning is that although the rear impact totaled the car , the front damage on the first hit is prior damage and they are deducting for that. Since they can't get a statement from the first car lady, they are going with her insurance companies claim that she only felt one impact. They want to settle with Farmers.I have supplied pictures of the damage to American Family and Farmers that show clearly that the rear impact was severe. But American Family won't get off the 70%. I called and asked to speak to the adjusters manager, and he won't call me back. She just told me yesterday that since I wanted more than the 70% and that was all her and her manager are willing to go, she wants to roll the car into the personal injury claim and settle it all at once. I was willing to go 85% and settle the car, but now this opens a new situation. I have been treating my back pain with a chiropractor that I have used before. She only charges $42 a visit and I have about $500 in visits so far. The adjuster says they only treat soft tissue injuries for about 8 weeks.We are past that now. I had another vehicle and drove it, so there was no rental car involvement. American Family has reimbursed me for the technician tool case and parts that were in the trunk and towing the car home. I have it here at home so that also saves them the storage costs. I don't know what to expect next. I had bought another car and am out sales tax because they won't even send out a total loss statement till they settle. I am looking at my second car payment also in a few days. I had planned on paying off that loan with the settlement on the car and it has drug out so long I am making payments. I just wanted to ask someone who knows, what I can expect and what else I can do if they shoot me low money. I think bringing a lawyer in is going to slow it way down and cost me more money in the long run. I just feel like there should be some other way to reach an agreement other than taking what they offer. What are my options, and is there anyone I can contact to help mediate this?
Thanks for any help you can provide,
Keith
AnswerHi Keith,
Unfortunately, when it comes to dealing with an at-fault persons insurance company, you are pretty much on your own. It would be difficult to impossible to find an attoeny willing to take the case because there is simply not enough money in it for them. You should not allow them to combine the auto damage claim and the injury claim. Some insurance companies try to do this simply to confuse the issues and to trick you into accepting a lower overall settlement.
You should sent them a letter by certified mail return receipt requested, outlining houw much you are willing to settle for. I think you are correct that 85% would be a good compromise but you should be willing to come down to say 80%. Do not sing over your title or any other documents until you have a written statement from them showing a breakdown of what they are paying you.
If they refuse your offer you only have 2 choices; either accept their offer or file a law suit against the at-fault person.
I hope this helps
Richard Hixenbaugh
