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Got hit real hard - he never hit his brakes - take the money or...

A guy in a Suburban rear ended me in my SUV in January. I was at a complete stop. He never hit his brakes. He was going around 25 mph. My car has been fixed - halfl by my insurance company as he only had $5,000 minimum limit.

However, the other insurance company IS offering me $500 for pain and suffering. And I did hurt for a couple of days - went to my Doc - he said you're gonna hurt for a couple of days. End of story - my health insurance paid for the doc. I never asked them for any money for pain - but I do think they should have entirely paid to fix my car.

Do I:: take the $500? Don't take the $500. Ask for more?

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Old 06-09-2008, 01:35 PM
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Im sure if you take the $500 it will include you signing something that you give up your right to sue at a latter date. I might ask for $1000 but it sounds like a free lunch either way.
Old 06-09-2008, 01:38 PM
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To you, is $500 fair compensation for the pain/suffering you endured? If so, take it. If more, ask for more. If less, ask for less.

I don't think anyone else's opinion matters - what matters is how much suffering YOU endured and what YOU think you're compensated to as a result.
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Old 06-09-2008, 01:39 PM
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I never thought of suing over the issue - so I cannot say it hurt that much. The guy was an idiot for slamming in to me and for not carrying sufficient insurance. I am assuming that ultimately my insurance will go up because of this, so my I'm wondering if I have been adequately compensated?
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Old 06-09-2008, 01:43 PM
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Can't you get advice from your insurance company?
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Old 06-09-2008, 01:48 PM
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I do not believe you have been adequately compensated, and I would strongly urge you to dismiss this $500 offer. I'm not one to try to gouge anybody, but insurance companies are professional gougers. Neither of these companies have your interests in mind. I have been told, and you should be told, to leave your medical claim open for a year or two. You just never know........

Your premiums should not rise. If they do, the idiot's insurance company should be liable.

Your vehicle, though "repaired," is not in the same condition it was in just prior to the collision.

At any rate, an offer of $500 for pain and suffering is.........in their best interest but not in yours.
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Old 06-09-2008, 02:05 PM
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+1 in accepting that offer, you will have to sign away your right to future claims, even if you develop some kind of chronic or recurring issue that can be linked to the accident.
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Old 06-09-2008, 02:14 PM
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$500 is not even worth the hassle of visiting docs and getting a car fixed.
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Old 06-09-2008, 02:20 PM
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In TN you have up to one year from the date of the accident to file a lawsuit claim. Take your time.
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Old 06-09-2008, 02:54 PM
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Quote:
Originally Posted by daepp View Post
I never thought of suing over the issue - so I cannot say it hurt that much. The guy was an idiot for slamming in to me and for not carrying sufficient insurance. I am assuming that ultimately my insurance will go up because of this, so my I'm wondering if I have been adequately compensated?
You're not at fault - I don't think your rates can go up in Socal when you're not at fault.

If your insurance company had to cover it I would ask them if they are going after the guy for the remainder of the bill on your car.

So far as the medical is concerned - wait until the last possible moment before you accept anything. If something does come up that can be linked to the accident - especially one like yours - you'll want to be able to hold him accountable.

I'm no lawyer - ymmv.
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Old 06-09-2008, 03:16 PM
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California has a $5000 minimum?
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Old 06-09-2008, 03:29 PM
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Quote:
Originally Posted by 125shifter View Post
California has a $5000 minimum?
no, with the policy he describes, you could not legally drive your car in this state
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Old 06-09-2008, 03:40 PM
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I would assume graciously accepting the offer while thanking God that you were able to quickly shake the injury off is right out, or this thread never would have been posted.

Better go with Soup's plan and try to gouge the gougers. After all, they 'deserve it'.

Anyone need a free carfax report?
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Old 06-09-2008, 04:00 PM
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Wait a sec...so he was sore for a few days, his insurance picked up whatever medical bills he had, he had no intention of pursuing compensation for his injuries...his insurance offers him $500 and you guys are telling him to go for more?

No wonder this country is so f-ed up.
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Old 06-09-2008, 04:01 PM
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In some states, the limit is 2 years. And $500 is a pittance. I don't think I'd bother hiring a lawyer, but it's probably worth either rejecting the offer or just ignoring it totally for a few months. Don't think of it so much as a free lunch -- you wasted a lot of time with the lost few days and the trip to the doctor and the mechanic, and superman is right -- your car will never be the same. Whether or not you develop a chronic condition, I can almost guarantee that your car will.

Dan
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Old 06-09-2008, 04:05 PM
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The point of insurance is to make you the same as you were before your accident. If you think it will take more than $500 to make you whole, ask for it, but also have a good reason for asking for it. "I want it" is not sufficient.

Or you can take soup's advice and perpetuate the mentality that getting in an accident is like winning the lottery and that you need to make those "evil insurance companies" pay. Thing is, they don't pay, you do, and everyone around you does--in higher rates based on claims experience. It is exactly this entitlement mentality that makes insurance so expensive in the first place and it is this expectation to get something for nothing that will be the death of society.
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Old 06-09-2008, 04:31 PM
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as someone who does this for a living, i would advise the hypothetical person similar to yourself, to not take a measly $500 without waiting a few months to see what comes of your injury. sometimes an injury will not be so obvious until months later and if you took the $500...you released the carrier from further liability. mostly likely, your fine...but better safe than sorry

it is not about just trying to get more...or greed..its about taking care of your health. ive had plenty of clients that felt ok right afterwards but later turned out to have nasty spine injuries. the insurance company wants to tempt you with $500 now before things "may" get worse for you, medically.

if you think they are being nice, your being foolish
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Last edited by ramonesfreak; 06-09-2008 at 06:12 PM..
Old 06-09-2008, 06:08 PM
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Sit tight through at least November. If you wind up voting for Obama, you will know you have been traumatized in ways you never suspected, and should be compensated accordingly.
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Old 06-09-2008, 07:22 PM
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Unfortunately, my recommendation is wait at the last minute. Trust me on this one as I had my own personal experience:

I was rear-ended.
Sore for a few days.
Months later I started to get sick.
I got sicker.
I got very sick.
I was forced to take medical leave.
I never recovered through the medical leave.
I was let go.
I lost my job.


A friend was same way.
1. rear-ended.
2. no pain.
3. months later, he started to have back pain.
4. after much diagnosis, the doctor asked: were you in an accident?
5 Why yes! I few months ago.
6. Did you sign a release? Yes.
7. Dr. said, "Sorry!"
Old 06-09-2008, 07:28 PM
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Quote:
Originally Posted by cab83_750 View Post
Unfortunately, my recommendation is wait at the last minute. Trust me on this one as I had my own personal experience:

I was rear-ended.
Sore for a few days.
Months later I started to get sick.
I got sicker.
I got very sick.
I was forced to take medical leave.
I never recovered through the medical leave.
I was let go.
I lost my job.


A friend was same way.
1. rear-ended.
2. no pain.
3. months later, he started to have back pain.
4. after much diagnosis, the doctor asked: were you in an accident?
5 Why yes! I few months ago.
6. Did you sign a release? Yes.
7. Dr. said, "Sorry!"

Exactly. thats precisely why the insurance company offers you money immediately. And, if your state is a "no-fault state" like NY, make sure you file the appropriate forms within the required time.

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Old 06-09-2008, 07:32 PM
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