Ready to settle auto accident case

[sck007]

Looks like everyone has provided some good information for you. I happen be involved in two settlements in the last 3 years. First, my Sister was involved in a rear end collision as a passenger in her boyfriend's Forerunner. The vehicle was repaired for aroung $7K. She was offered a lowball amount. She asked I negotiate on her behalf since it was stressing her out. I made copies of all medical and had documentation for time missed including visits to the doctor and forwarded with a demand letter with cc: to her attorney. The adjuster basically laugh and was skepical of her income. I provided W-2 and pay stubs. After 3 months of ping pong they settled where she was satisfied. During this time adjuster would call once a week with a final ...final offer.....

A few months later, I was rear ended at a stop light in my brothers truck (F150). Guy was using phone and basically floored it when light turned green. I suffered whiplash. Guy couldn't have been going more than 5-10 miles. My neck snapped back where one second I was staring straight ahead and next thing I know I see the top of the roof. Anyway, driver stops and provides all info. The amazing thing is that there really was no damage to truck bumper but insurance paid for a new one. The other drivers car had only license plate damage.

It took me almost 2 years to settle which coincided with the statute of limitations. Intially, I provided all medical and missed work documentation including pay stubs and wage rates. I get paid once a month. That drove them crazy. I provided a settlement amount on my demand letter with cc: to my attorney. I did exactly as my sister's prior settlement.

My negotiations were complicated due to the fact that there was minimal damage to vehicles if any. It is very dicey with soft tissue injuries. There are studies out there that show tissue damage for low impact accidents in the 5 mph range. The truth of the matter is that it took me 1 1/2 years to feel 100%.

Back to my ordeal, I would get communications every 3 weeks with an offer. The 1st one was $300. That was a no brainer to turn down. They went up to $1,000 6 months later. You see where this is going. If your negotions pass a certain point like a year in my case...you get promoted to another adjuster. Bottom line is that these adjusters just stall to see if you get tired and accept their offer. I finally turned it over to my attorney with all my support and correspondance. 4 offers and 6 months later they settled. My attorney's involvement was very mininal except they carry the clout we don't. It cost me $600 for the attorney. Remember I already did all the work. The key phrase in his letter which echoed my original demand letter is that "we will file suit."

In conclusion, you can definitely negotiate on your own and bring in an attorney if necessary later. Actually, when you settle there wll be a provision in the settlement that the spouse(you)must relinquish your right to sue. Just remember statute of limitations coming up!

Good luck!

[RWebb]

the adjusters might stall just to see if you get beyond the statute of limitations or a similar time bar that would prevent you from collecting at all

be sure you know what is up if it goes on for long

[Zeke]

In fact she was stopped and the dizzy behind her stepped on the gas and drove straight into her, no brakes. Her foot was knocked off the clutch (I know, I try to teach her not to sit at a light clutch in) and the sudden impact that she never saw coming plus the quick release of pressure on her leg twisted her up pretty good.

I do believe you can get hurt at 5 MPH. And it took 24 hours for it to set in. We were actually at the ER on Sunday when the accident happened Fri afternoon. ER gave her pain medication and said go see a doc. Well, she didn't do that right away and there was this problem of finding one that would take an accident case. It was the same attorney calling the doc that got her in!
Incredible.

[sck007]

I forgot to ask if you have exhausted all your PIP (personal injury protection) coverage under your auto policy? Usually the coverage is 2,500, 5,000, 10,000, etc. You would be reimbursed for all your medical or deductibles subject to your limits. You just need to submit your medical bills. Also, this covers loss wages including using sick or vacation hours for your doctor visits.