Insurance Settlement

Isaacm1986

Lieutenant Junior Grade
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May 20, 2009
Messages
1,086
4 months ago, my wife and 3 daughters were in a car accident. They were rear ended by a uninsured motorist at 40mph. Everyone was ok, but left behind some physical damage to my wife. She has been in going to the chiropractor 3 times and week, and also seeing a physical therapist for her neck, arms, and hands. The accident tore some muscles in her neck along with some ligaments.

So we are at the point where the insurance company is wanting to offer a pain and suffering settlement. I have never gone through this before, and I have no idea what a fair offer would be? I have had people tell me $1000 to $25,000. Just wondering if anyone has been through something like this? Any pointers would be helpful!

For what it is worth, I live in washington state.
 

Lyle29464

Lieutenant
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Mar 10, 2009
Messages
1,261
Re: Insurance Settlement

Been there. I settled too soon. Hold out as long as you can. Things can get worse. AND get her away from the chiropractor. You really need a real doctor.
 

BonairII

Commander
Joined
Jun 7, 2011
Messages
2,727
Re: Insurance Settlement

Find yourself a GOOD lawyer. You will be seriously shortchanged if you try to work out a settlement by yourself.

A good lawyer will get you more money than you thought possible(which will make his/her fee seem like chump change).
 

foodfisher

Captain
Joined
Feb 18, 2009
Messages
3,756
Re: Insurance Settlement

Take "Your" lawyers advice. These injuries could be life long and who could put a number on that?
 

Isaacm1986

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May 20, 2009
Messages
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Re: Insurance Settlement

AND get her away from the chiropractor. You really need a real doctor.
These are my feelings for sure! But her sister married a chiropractor and she refuses to see anyone else. I have tried to get her to the doctor, but she wont go.
 

Isaacm1986

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Messages
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Re: Insurance Settlement

Take "Your" lawyers advice. These injuries could be life long and who could put a number on that?

Thanks. I am still trying to navigate all of this. Did not know i would need a lawyer for this.
 

Thalasso

Commander
Joined
Jan 18, 2011
Messages
2,876
Re: Insurance Settlement

Thanks. I am still trying to navigate all of this. Did not know i would need a lawyer for this.

A lawyer won't charge you anything until there is a settelment. Don't be to quick to settle.Once you do they are not responsable for medical costs anymore. It will be part of the agreement. Talk to a lawyer not a boat forum.
 

tx1961whaler

Vice Admiral
Joined
May 31, 2008
Messages
5,197
Re: Insurance Settlement

You absolutely need a lawyer for this. The insurance companies have a whole fleet of them.
 

Isaacm1986

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May 20, 2009
Messages
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Re: Insurance Settlement

You absolutely need a lawyer for this. The insurance companies have a whole fleet of them.

Thanks guys. I guess I will start looking into good lawyers. Like i said, never been through this kind of thing before.
 

korygrandy

Senior Chief Petty Officer
Joined
Apr 14, 2010
Messages
698
Re: Insurance Settlement

Thanks guys. I guess I will start looking into good lawyers. Like i said, never been through this kind of thing before.

Mom went through this and had a lawyer. He was decent, but not the guy in any commercials. She has a couple of herniated disks from the accident. I believe based on Dr advice surgery was optional and a livable pain for her. She won against her insurance co without going to trial. I would think if you waited right up until the jurors were about to enter the room and started negotiating for a check you could get a sweet deal or come to no agreement and risk the publics opinion. Your lawyer will well advise you of all of these options.

My moms case took years and I believe she even went back for round 2 to get a little bigger piece later somehow. I could ask her the details if you wanted but in the long-run, if I were her, I would've asked for 200k for 2 herniated disks MINIMAL. If they went any lower than 120k I would THEN go to trial and get my pennies or bet on the public. My mom settled for like 30k I think and the lawyer got his going rate when the 2 checks were cut.

If you have time to kill, I wonder if you could "watch one work" to see who you want to represent you. I don't know if that's an option but references are always nice.
 

Isaacm1986

Lieutenant Junior Grade
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May 20, 2009
Messages
1,086
Re: Insurance Settlement

Mom went through this and had a lawyer. He was decent, but not the guy in any commercials. She has a couple of herniated disks from the accident. I believe based on Dr advice surgery was optional and a livable pain for her. She won against her insurance co without going to trial. I would think if you waited right up until the jurors were about to enter the room and started negotiating for a check you could get a sweet deal or come to no agreement and risk the publics opinion. Your lawyer will well advise you of all of these options.

My moms case took years and I believe she even went back for round 2 to get a little bigger piece later somehow. I could ask her the details if you wanted but in the long-run, if I were her, I would've asked for 200k for 2 herniated disks MINIMAL. If they went any lower than 120k I would THEN go to trial and get my pennies or bet on the public. My mom settled for like 30k I think and the lawyer got his going rate when the 2 checks were cut.

If you have time to kill, I wonder if you could "watch one work" to see who you want to represent you. I don't know if that's an option but references are always nice.

Thanks for the advice. I will have to do some research to find a good lawyer.

My wife does not have any herniated disks or anything like that, but it is going to be right around the a year long recovery proccess by the time she is back to her old self. I feel like that should be worth at least a years wage + lawyer fees. I could be dreaming though.
 

Outsider

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Apr 24, 2007
Messages
1,022
Re: Insurance Settlement

You realize the most you'll ever receive is the limit of your own policy, right? You might benefit from a lawyer and extended negotiation, but you might also receive only enough extra to pay the lawyer ... :facepalm:
 

aspeck

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May 29, 2003
Messages
18,607
Re: Insurance Settlement

You realize the most you'll ever receive is the limit of your own policy, right? You might benefit from a lawyer and extended negotiation, but you might also receive only enough extra to pay the lawyer ... :facepalm:
Or not even enough to pay the lawyer's cut which is generally 30-35 percent of the settlement plus expenses! So if you getting $20,000 before attorney and now with you are getting $30,000 you have lost money. Just keep that in mind ....
 

southkogs

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Re: Insurance Settlement

... and separate some uses for docs/chiropractors/etc. too: your wife, the lawyers and you need an MD to declare what's wrong and what damage is done for legal purposes. For repairing/healing/etc. you may then opt to use an MD, chiropractor, witch doctor, Oprah or whatever else you want.

Kinda' two different stages, y'know?
 

Isaacm1986

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May 20, 2009
Messages
1,086
Re: Insurance Settlement

You realize the most you'll ever receive is the limit of your own policy, right? You might benefit from a lawyer and extended negotiation, but you might also receive only enough extra to pay the lawyer ... :facepalm:

No I did not know this, but it is good to know. I will have to look into the what our policy limit is.
 

Isaacm1986

Lieutenant Junior Grade
Joined
May 20, 2009
Messages
1,086
Re: Insurance Settlement

... and separate some uses for docs/chiropractors/etc. too: your wife, the lawyers and you need an MD to declare what's wrong and what damage is done for legal purposes. For repairing/healing/etc. you may then opt to use an MD, chiropractor, witch doctor, Oprah or whatever else you want.

Kinda' two different stages, y'know?

We do have a MD diagnosis. She then decided to use the chiropratic and physical therapy instead for her recovery plan.
 

TilliamWe

Banned
Joined
Dec 21, 2004
Messages
6,579
Re: Insurance Settlement

You absolutely need a lawyer for this. The insurance companies have a whole fleet of them.

No they don't. Quit believing every commercial you see on TV. And they do NOT consult with attorneys until their claimants file suit.
 

TilliamWe

Banned
Joined
Dec 21, 2004
Messages
6,579
Re: Insurance Settlement

We do have a MD diagnosis. She then decided to use the chiropratic and physical therapy instead for her recovery plan.

So you have a diagnosis witha treatment plan, that she is ignoring? On second thought you might need a lawyer, because she is making this claim entirely too complicated. But you won't get more money with a lawyer, after their 33% fee. But you "might" get less aggravation than dealing with it yourself.

PM sent.
 

rivermouse

Senior Chief Petty Officer
Joined
Jun 16, 2011
Messages
661
Re: Insurance Settlement

From my experience I find that trying to work out a fair plan with any insurance adjuster puts you at a big disadvantage.The adjuster is not going to fight for your rights and is not going to do a thing to insure the criminal that hurt you is punished in criminal court or civil court. When I had an accident with an uninsured driver a lawyer told me "you cant get blood from a turnip" I know this but you can sure try to make that turnip pay later if not now or wish he had. Have no mercy .You will need a good lawyer to make this happen.
 
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