QuestionMy wife and I were in and auto accident on June 22, 2007 we were hit from behind and the driver of the vehicle that hit us had no insurance. My wife is 6 months pregnant. On the day of the accident I took her right away to get checked I was not in much pain at the time of the accident so i went two days later as the pain got worst. I had X-rays done, then two weeks later after still having pain my doctor requested and MRI and I'm also going to therapy. This has also caused depression and my doctor wants to put me on prozac. My wife and I were getting ready to go on vacation and because of this we are unable too. We are in pain everyday but we have to continue going to work to keep a roof over us. our insurance adjuster offered us $350.00 each and we told him that was just not good enough after all the inconvenience it has caused. I have even had to pay to get my lawn done and pay the baby sitter extra for keeping our child when we are not feeling well. My question is do I have to accept his offer? and if no what should i do next? I went to a lawyer and he told me since it my accident was not major then there is not much we can do. Our car was repaired by our insurance company and we have no photos of the damage car. My wife continues to be in alot of pain and there is not much she can do as of medication or therapy. Her doctor order some therapy for her a few days ago. It has been one month since the accident. Please advice
Thanks
AnswerHi Albert,
I assume that your own insurer was making you an offer on your own Uninsured Motorist Coverage (UIM) and that in your state you are entitled to make a UIM claim. If so, then that offer is an insult. Who are you insured with, AllState? That company is among the worst in abusing its own insureds; never believe those bogus TV ads.
The attorney is wrong to say that because this is not a major accident there is not much you can do. What he means is that the case is not big enough for him to get a decent fee on a contingency basis for all the time it will take him to see it through to a successful conclusion. That is not unreasonable for an experienced attorney inasmuch as he will usually attract cases that have a bigger pot at the end.
But I see your case as a good one for younger attorneys. Surely there will be another attorney who is just starting out who will be happy to take your case and who will do you a good job. So try that route.
If you want to learn a bit about how the claims process works, then here are some pages to read. Simple and Easy Settlement Insurance Injury Claim: Do It Yourself and Save
http://www.settlementcentral.com/page0014.htm
Read the detailed secondary pages linked at the bottom.
Yes, negligent infliction of emotional distress is compensable under UIM. Make darn sure that your doctor documents your depression and PLEASE LET HER PRESCRIBE SOME MEDS. They will help you, PLUS, that is the best way to prove emotional distress.
Next, you two are WAY TOO EARLY TO TRY TO SETTLE. And DO NOT let the adjuster suggest such a figure without writing him back to tell that you are having problems and you want to be healed before any settlement talk.
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TAKE CHARGE OF THE CLAIMS PROCESS NOW: do NOT let the adjuster make the first offer.
Take the initiative and DO NOT LET THE ADJUSTER DICTATE THE SIZE OF THE BALLPARK you are going to play in if he makes the first offer: Since you are way too early to think of settling, just let the adjuster know you will contact him later. Tell him that once you see how your bodies handle the physical activities of summer, you will get a demand letter to him soon thereafter.
Give some real thought to the weakness you put yourself in if you simply invite the adjuster to throw out a figure now. He will always be low, and that sets the dimensions of the ballpark. Mo’ Betta you be the one to set the dimensions with your settlement demand.
In negotiations, once the first figure is on the table, it gains some legitimacy just by its mere existence. In essence, it will then be up to you to move the figure: to show where he is in error.
You should be commended for having the initiative to seek out a website such as this and to ask for help, but the most important part of achieving a successful personal injury claim HAS TO START WITH YOU, NOT THE ADJUSTER. Do NOT let the adjuster set the parameters of the negotiation: get your demand letter out there once you are ready to settle. It is not all that hard or mysterious to put together an Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm It does not have to be "fancy" or complex; just hit the main points and get it out to the adjuster soon.
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
It is not too late for you to take the initiative, and I will explain how below. But just for a second, put yourself in the shoes of the adjuster and see what you have done by letting him have all the control of the claim. As an adjuster, he is trained by his company to reassure the injured party that he is acting in THEIR behalf, as opposed to the interests of his company—sort of like a car salesman who convinces a customer that he will fight for them versus the auto store manager. Sure.
But both of those are relationships are to the disadvantage of the consumer, aren't they? We would like to trust people who are in the position of the adjuster to act at least nominally in our behalf. But it is just as much as a mistake to take a passive role here as in buying a car: you have to get up and make something happen yourself.
If I were you, what I would do right now is to explore two avenues:
FIRST, pick a young attorney and go that route ASAP; or
SECOND, chose to handle the claim yourself and become as fully informed about the insurance injury claims process as youI can, with the objective of seizing the initiative in prosecuting your claims, instead of taking a passive, reactive role. Can you see the difference in postures and how one works to your advantage and the other to your disadvantage?
A settlement phone call or a meeting with the adjuster at this time is the WORST POSSIBLE THING YOU CAN DO. What? You are going to show him your present condition, which is of minimal pain, but then when you have real pain this summer you have to climb a mountain to get him to believe you could develop pain? Phoning or meeting with an adjuster just four weeks following a pretty serious accident works to your disadvantage in all ways. Plus, it shows him that you are not a “player” in the field of personal injury claims negotiations. There is not one advantage that can be gained by such a phone call or meeting. Satisfying your curiosity about what he would offer is not a sufficient reason to undermine the value of your claim.
All of the advantage of a settlement phone call or a meeting is HIS; all of the risk of the meeting is YOURS. Don’t do it—or, if you are so stubborn that you cannot—or will not—see what I am saying to you, at least delay that discussion for the minimum of one month—no sooner. In the meantime, you and your wife keep track of the small pains you feel at the end of the day and make sure your medical record gets updated with your reports of how that pain is felt after certain activities and how it interferes with your lives.
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DO NOT SETTLE YOUR INSURANCE CLAIMS TOO SOON. YOU SHOULD BE ABSOLUTELY CERTAIN THAT YOUR SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODIES WITH PHYSICAL ACTIVITIES. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before your claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three weeks of treatment.
In serious soft tissue cases—which this COULD BE if you hit yourself hard enough to have an MRI discussion (and likely significant soft tissue injury)—the full extent of most injuries is not known immediately after finishing one early round of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding his body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your body will respond until you have experienced sufficient physical exposure to load-test the scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you or your wife were to settle now and three months later when you mow the grass and the pain starts to become too much, you go to a chiropractor only to discover that you can expect a course of treatment that will cost a lot of money?
After you settle your claim, all further treatment is your responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement: when you cash the check, you agree to close your claim in all aspects. Check with your PIP adjuster to find out whether they will pay anything once you close the claim against the tortfeasor.
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money. 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
There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
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CONSIDER USING A NARRATIVE REPORT. Before you send in your demand letter, look at the medical records to make sure that they mention all things of importance that occurred in conversations with the doctors. When applicable, consider asking for a narrative letter to assist in settling the insurance claims.
Have you seen any of the doctors' records that went to the insurance adjuster? If not, it is easy enough to get a copy so you can make sure that everything of importance you discussed is included therein IN READABLE FASHION.
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 the lives of you and your wife 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.
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Sixth, if you think you can do this yourself, you will be wrong UNLESS you educate yourself about personal injury insurance claims on a self help basis. 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
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
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
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—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC: 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
