Need help dealing with insurance company settlement | FerrariChat

Need help dealing with insurance company settlement

Discussion in 'Other Off Topic Forum' started by matterhorn762, Jul 26, 2004.

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  1. matterhorn762

    matterhorn762 Formula Junior

    Apr 19, 2004
    340
    Tennessee
    #1 matterhorn762, Jul 26, 2004
    Anybody here have any experience dealing with these sharks? Tell me what you think.

    A couple of months ago I was hit from the side by an elderly driver, pushing my car head on into a telephone pole at about 45MPH. The car was totaled, glass broken everywhere, doors couldn't be opened, even the inside radio panels were blown out. I went back later and found pieces of the car 30 feet away. The telephone pole was leaning about 10 degrees and had a crack about 8 feet long along its height. The steering wheel in my car was bent from my chest and my elbow went through the windshield. I was taken to the ER in an ambulance in an immobilzer to get CT scans. So that's the background.

    I settled for the car value right away, but have been waiting to settle for everything else. Made several trips to the chiropractor, but determined he wasn't helping. I developed a numbness in my ulnar nerve (left pinky), and neuro tests confirmed it was damage to my elbow, but it shouldn't be permanent. Still, it's painful to sleep on my left side, and will be for a couple months. On advise of an attorney, I kept a detailed log of my day to day progress for the first 45 days after the accident. I was prescribed Percocet after the accident, but no broken bones. I also have detailed pictures of my injuries, car, and accident sitet (they took full responsibility). I have a couple of scars from stitches on my elbow and hand, though I have so many scars it doesn't really matter to me.

    Now the insurance company wants to give me $3450, after their initial offer of $1000, which I thought was rather insulting.

    So given this background, should I get a lawyer? What kind of figures are we talking about? I'm not going to exaggerage my pain and I'm not going to try to milk this to the last cent. Nor do I want to be taken advantage of. The most common response everybody gives me is "take them to the cleaners," but I need to hear from somebody who has some legitimate experience with this. Thanks.
     
  2. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,207
    Houston, Texas
    Full Name:
    Bubba
    #2 BigTex, Jul 26, 2004
    You should go for the "Pain and Suffering" as well as "Future Care and Rehabilitation" and GET the money for plastic surgery scar removal wether you plan to use it or not..

    Find a legal specialist or perhaps post this in Louisiana, where Fchatter lawyers reside.

    Sounds to me like you need local legal representation. I've been run down a few times, but never made enough to want to do it for a living..........I think I got $10K from a guy that cost me a broken jaw and over 400 stitches in my face. I spent the plastic surgery money on an Eldorado with sky blue leather upholstery.... I'm still ugly!

    Hope you get better, either way.....
     
  3. WJHMH

    WJHMH Two Time F1 World Champ
    Silver Subscribed

    Sep 5, 2001
    25,391
    Panther City, Texas
    Full Name:
    WJHMH
    #3 WJHMH, Jul 26, 2004
    Oh geez, I think I remember seeing a photo of your Porsche 944 totaled. I agree, find a legal specialist & keep us posted.

    Good luck
     
  4. chrislamborghiniatlanta

    chrislamborghiniatlanta Formula Junior

    Dec 23, 2003
    343
    #4 chrislamborghiniatlanta, Jul 26, 2004
    AH, YEAH!!! GET A LAWYER RIGHT NOW!!!. I was hit on my bicycle by someone in a car and got some money for it. I thought, "hey, I am young and this stuff will heal". Wrong! I still have problems with numbness in one of my legs from the herniated disk and also look at multiple scars. Believe me, it is not over by a long shot with your future pain and suffering so make sure you get something for it to make up for the lifelong headache.

    Chris
     
  5. 62 250 GTO

    62 250 GTO F1 Veteran

    Jan 9, 2004
    7,765
    Nova Scotia Canada
    Full Name:
    Neil
    #5 62 250 GTO, Jul 26, 2004
    I was in a wreck a few years back. I was doing 60 kph and a woman who ran a stop sign was going 70 kph. She hit me in the passenger door and rolled me over. I got 3500, sore neck for a year, left shoulder blade felt like it was on fire for two years. O and I got a new car. Seems like they want to throw a couple of bucks at you. I would make copies of everything and have a sit down. Play the injured party, no yelling or threats, just explain that you should be set back to zero, with the car and your injuries. Don't sign anything! I was offered, 1000. I said I want 10,000. Two days later we agreed on 3500. Stand up, even if you only get a few g's more, it's worth it. Make sure you have a lawyer that isn't sandbagging. Good Luck!
    Lawyer up.
     
  6. SrfCity

    SrfCity F1 World Champ

    Nov 1, 2003
    10,142
    Orange County, CA
    #6 SrfCity, Jul 26, 2004
    Sounds like you could get a lawyer working for you on a contingency basis. The % is somewhat negotiable btw. If you get a top notch firm you'll find that you'll settle out of court. Good luck.
     
  7. future328driver

    future328driver Formula 3

    Dec 10, 2001
    1,831
    Dallas, Texas
    Full Name:
    Ken Thomas
    #7 future328driver, Jul 27, 2004
    Find a reputable personal injury lawyer that will work for a contingency fee. They can tell you a good value to start with in negotiations. The reason the insurance company is trying to screw you is because you are not represented by counsel. You should be able to significantly more than what they offered, especially since your profession requires the utmost physical ability. If you tell me what part of NC you live in, I can check with my firm here in Dallas to see if any lawyers in my office can recommend a good PI lawyer in your area.
     
  8. CRUSING

    CRUSING Karting

    Oct 31, 2002
    235
    Jupiter, FL
    #8 CRUSING, Jul 27, 2004
    I am a personal injury attorney and yes you should get an attorney.

    But what is more important is to immediately go see a Dr. regarding your numbness in your arm. Nerve damage can be permenant if not treated.

    Your case is worth at least 10K to 15K, and if you have nerve damage, your case is worth much much more depending on many factors. And this is not taking them to the cleaners. It is what your case is worth. The settlements are based upon jury awards. And unlike what you hear on the news, jury awards are usually pretty stingy. Some may try to argue this point, but you only hear about the weird verdicts and even then you don't hear the whole story. Insurance companies are in the business of making money, not paying it out. They will not pay anymore than you could reasonably get at trial, so don't think you are taking them to the cleaners by seeking fair compensation for what sounds like a significant accident.

    No insurance company will ever offer more than you can get AFTER your attorney (even a bad attorney) takes his third. If this were not the case, there would be no personal injury attorneys.

    Do yourself a favor and don't try to settle the case yourself because you don't know what your are doing. I've seen it too many times when someone who thinks they are pretty sharp settles a case like yours for $2500 only to find out they have to have a surgery later on. Good Luck.
     

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