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Unfortunately, that doesn't help you at all since its only available in NJ. But don't be afraid to call around for quotes. Its amazing how quotes can differ so much from company to company. I've received quotes from companies that were nearly double others.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
As to the cost of the paint - Tell the stupid adjuster to have it sprayed with used paint. How he obtains used paint is his problem.
Write a Letter of Complaint to your state insurance commissioner with a cc to the adjuster's claim manager. In the letter, mention their "failure to bargain in good faith." Be pro active, politely kick [non-permissible content removed].
Same boat here, three vehicles, two drivers and I don't loan any cars because I don't want to loan my insurance record.
Side Note: this is why I tell everyone to take out medpay on their vehicle insurance, usually paying under $100 yearly for $50K-$100K in coverage...when medpay pays your med bills, subrogation will not apply, usually...therefore when you settle up pain and suffering (P&S) with the at-fault carrier, the $$$ stays in your pocket...but nobody listens to me, they all complain that $100 is too much, and their employer pays for group health...they complain, until they have to write a check to group health for $15 or 20 grand, when a measly $100 premium for $50K medpay would have kept that $15-20K from being paid back to their group health...
Back to subrogation: the concept is the "made whole" theory...if you had $20K in med bills, but only recovered, say, $25K from the liability carrier (in GA, the minimum limits for liability are $25K), if you had to pay back your health carrier, it would leave you with only $5K for P&S...totally insufficient compensation for fractured ribs, sternum and foot...so, since you were not "made whole" by the settlement, you would not have to subrogate to your health carrier, they would have to pay it and absorb it...
Now, the opposite...say you broke 2 fingers, had $2000 in meds, but recovered $20K from liability...then, you would have to subrogate, because paying out $2K and keeping $18K for 2 broken fingers is ample compensation...$18K would certainly make you whole...
It is an art, not science...I gave you extreme numbers to illustrate the obvious...there is always an argument in the middle, i.e., broken shoulder, $5K in meds, recover $17K...subro would leave you with $12K (17-5=12)...made whole???...maybe...
So, I emphasize medpay because if your meds are $25K, and it is paid by medpay, and you recover $50K, you do not subrogate, and can keep an extra $25K for P&S...all for paying a lousy $100.00 yearly (I pay $70 per YEAR for $100K coverage, that's $6.00 per month), it could put another $25K in your pocket...
But no, folks would rather let their FREE health insurance pay the bill so they can save that $100 per year... :confuse:
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I assume that under PIP, buying at least $100K would be wise, but the level of premium is unknown to me...
But, usually, PIP is part of your mandatory insurance, and you just have to raise the limits of liability...whereas in a fault state like GA, medpay is optional, so if they do not buy it, they have NONE...
Hey, I can only say so much before the fingers wear out from typing... :shades: :shades:
Medical Expenses - Pays 80% of the reasonable charges incurred for necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and rehabilitative services, eyeglasses, hearing aids and prosthetic devices, and remedial religious treatment or services by a recognized method of healing.
Income Loss - Pays 60% of the loss of income and earning capacity due to the insured's inability to work caused by bodily injury.
Replacement Services Loss - Pays reasonable expenses incurred by ordinary and needed services the insured would have done (except for the injury) for the benefit of his or her household during the time the insured is unable to work.
Death Benefit - Pays a death benefit of $5,000 per person.
Limits of Liability - The most we pay under No-Fault for each insured for all losses and expenses from one accident is $10,000 (less any deductible -- $250 up to $2,000). Note: the total aggregate limit payable will be reduced by the amount of Worker's Compensation.
Here in GA, I not only have UM coverage of $100K, but I have a separate umbrella policy, over and above my liability umbrella, of $1 million...so, on case the other guy causes a death of someone in my vehicle, and he only has liability limits of $25K, my UM will pick up the difference for wrongful death, loss of limb(s), etc...
No, I am not a morbid person...but, after handling client cases where this stuff happens, and my thoughts are: if only they had the additional coverage over the minimum, life would have been easier after the damages...
Statistically, it is always 1 in a million that wrongful death happens...but, every day you read in the paper about a local fatal accident...so, yes, it DOES happen, and I am just insuring against that small chance...
If it does happen, I will be quite happy I have the coverage...
And, of course, it probably never will happen BECAUSE I am insured against it...
While you do get to chose what shop does the repairs, you don't get to force the ins. co. to pay more than normal/customary/prevailing amounts for the repairs - at least not in any state where I've researched the question (MS, AL, TN). Also, the amount of coverage held by the person who caused the accident makes a difference in some jurisdictions. You might very well have to go to your ins. co. and ask them to either cover the gap or step up to the plate for you and force the other company to do it. And they should, dammit; that's what you pay them every f-ing month for. Read your policy and see if it addresses the question.
I'm no fan of insurance companies of any sort(I had Hurricane Katrina damage - don't get me started on the ethics of the modern insurance industry), but you have to understand that people screw them over constantly, too. Because people are allowed to take their car to any body shop they want, ins. co's are often held hostage to shops that might inflate labor, storage, towing, etc. In states where the ins. co. is not compelled to pay more than standard prevailing cost, or not compelled to pay markups on towing and other 3rd-party services, many times YOU are left holding the bag.
When a body shop realizes that it won't be able to force Evil Ins. Conglomerate X to pay $100/day for outdoor storage, and $220 for a $75 tow, and OEM prices for junkyard parts that they have sitting in a rusty pile behind the shop; when they've gotten the customer to call and [non-permissible content removed] out every representative at every ins. co. that might possibly contribute any funds (thereby doing their dirty work for them), and they still aren't getting what they want, guess what they do?
Well, they don't slash the bill down to prevailing customary rates. They collect what they can from the ins. cos., then they impound and put a lien on your car until you pay the rest. That's right, the guy in the body shop that was on 'your side' against that "evil" ins. co. will turn on you like a rabid dog. It's perfectly legal - it's actually a revenue stream for some of them. It boils down to this:
You have the right to take your car to whatever body shop you want.
The ins. co. has the right to not have to pay more than usual-and-customary amounts (sometimes defined by state ins. depts.) for repairs.
The body shop has the right to charge whatever the hell they want, and if you sign the release for them to perform the work, then YOU, not the ins. co., is ultimately responsible for seeing that the bill gets paid. The shop did not contract with the ins. co., they contracted with you.
If the bill doesn't get paid, the body shop can then charge you outrageous storage rates (knowing that you can't pay them), slap a mechanic's lein on your car, and usually in less than 60 days, acquire ownership of your (former) car. As an extra little kick-in-the-balls, if you financed your car, you're still responsible for making the monthly payments - even though bubba-the-bumper-man owns it now.
Advice: (1) Call your state Dept. of Ins. to determine what the overriding legal obligations of all parties are; then, (2) Read your policy, the other guy's policy if you have access, and whatever agreement you signed with the body shop, to determine the contractual obligations of all parties; then, (3) call your insurance company, see if they can't help you out somehow, even if they're not obligated - which they probably are (but they aren't going to mention that little fact unless you bring it up).
If all that fails, you might just have to either take the body shop to court, or pay the difference yourself. I'm sure the superior quality of workmanship you've acquired through picking an expensive shop is obvious to all, though, and you'll consider it money well spent (assuming you have it to spend and don't lose your ride)....right? No?
Unfortunately, there's a serious flaw in your logic. You're assuming that someone is stupid enough to stay out of the loop between the ins. co. and body shop.
For example, body shop says cost estimate is $10K, ins. co. says OK, YOU say OK do the work. Body shop cannot come back and charge $12K without getting the OK from YOU first for the extra $2K. If you've got any smarts, you'll get the OK from the ins. co. before OK'ing the work.
If you read his original email, he said the problem is that the ins. co. won't pay the labor charge or paint. Maybe he hasn't ordered the work done yet, but if that's the case, what's the problem? The ins. co. could and would have the car towed somewhere with customary charges.
Of course, he would have to tell us, but it appeared to me that he's caught in a conflict that happens often between shops and insurance companies. The times I've seen it play out, it goes like this: shop says "I want this." estimator says "No you only get this." The shop will come down, the customer signs the release, then the supplementals start a-flowing like a river.
Also, while you're right-on about checking with your insurance company before signing a release, many times shops will write estimates (sometimes not even priced estimates, just what work they think they'll have to do at that point) and present them to the customer and ask for the release to be signed at that point. They push it by saying:
"If it's here, and we're not working on it, I'll have to charge you storage which your ins. co. may not pay", or
"Don't worry, if we find anything else that needs fixing, we'll just submit a supplemental." (like those are just pro-forma accepted), or
"Don't worry, we use the same computer system as the ins. co., so this is the same thing they're going to come up with."
Sometimes, they just do a work-order, tell you that they've made your car 1st priority and can have it back to you in 3 days, but you need to come down and sign the release so that they can get started.
Anyway, you're right, but you know more about how these things work than most people, I'm afraid.
The party legally obligated to make the original poster whole again is the guy that rear-ended him. The insurance companies might be able to balk and refuse payment. If this happens, it's a given that the shop will turn to the customer to pay the bill if the work has been done. But the customer (the poster, in this case) shouldn't have to pay this out of his own pocket - somebody else caused this harm, and they're the ones that are supposed to make it right.
Of course, that may mean he would have to sue the guy that hit him, and that's kind of a pain unless it's for a lot. Still, if you have a police report and the guy's insurance company has already pegged fault on thier insured, it's pretty much a lock whether you're in small claims or federal court. In such a situation, it would be good to notify the rear-ender of this fact early, so that he can better push his ins. co., or facilitate quick repair and payment at the body shop.
If the ins. co's don't have to/won't pay the charges, the only dogs left in the fight are the shop, the innocent victim trying to get his car fixed, and the at-fault rear-ender who is legally obligated to make sure everything gets fixed, regardless of insurance companies. If it were me, I think I would be focussing less on the insurance companies, and more on making the person who made the mess clean it up.
Well, they don't slash the bill down to prevailing customary rates. They collect what they can from the ins. cos., then they impound and put a lien on your car until you pay the rest. That's right, the guy in the body shop that was on 'your side' against that "evil" ins. co. will turn on you like a rabid dog. It's perfectly legal - it's actually a revenue stream for some of them. It boils down to this:
You have the right to take your car to whatever body shop you want.
The ins. co. has the right to not have to pay more than usual-and-customary amounts (sometimes defined by state ins. depts.) for repairs.
The body shop has the right to charge whatever the hell they want, and if you sign the release for them to perform the work, then YOU, not the ins. co., is ultimately responsible for seeing that the bill gets paid. The shop did not contract with the ins. co., they contracted with you.
If the bill doesn't get paid, the body shop can then charge you outrageous storage rates (knowing that you can't pay them), slap a mechanic's lein on your car, and usually in less than 60 days, acquire ownership of your (former) car. As an extra little kick-in-the-balls, if you financed your car, you're still responsible for making the monthly payments - even though bubba-the-bumper-man owns it now.**
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This is a well written and a **Real World** situation that happens about 1,947 times a day ..... make sure you read this..!!
Good job Olderisbetter .............!
Terry :sick:
Here's the story: I'm parking my car on the street in Hoboken, NJ (which is considered a very safe town) every day. Last night I parked it around 7pm and at 8am the next morning I discovered my car with both front windows down. Not only that, but a deep scratch about 10 inch long basically from the window down to the lock with the lock cover missing. Everything inside my car was turned inside out and the only real thing missing were my sun glasses (cheapos anyway) and a coat that I bought as a Christmas gift. They left my CDs, Bluetooth earpiece, Pharos GPS CF module, etc. Oddly, the only other thing missing is one complete arm rest from the center console.
I've some questions and hopefully my fellow Edmunds members can answer them:
1. How can they roll down the windows? There is no damage around the ignition key or under the dashboard and I'm 100% positive that I didn't leave both windows open (heck, it is 40 degrees here). Besides, they opened the lock by force so if the windows were open then this wouldn't be necessary
2. And more relevant to this thread: I'm tossing with the idea of claiming this through my comprehensive Geico insurance. Total estimate damage:
$400 painting door
$120 door handle (also damaged)
$20 key lock cover
$80 lock cylinder
That is about $700 including tax. Then who knows what the arm rest will cost (my guess is $200-$300) and the loss of my sun glasses and coat (about $200). So a total of $1200 (with a $500 deductible). Will claiming this (vandalism/theft) affect my insurance? Most Googling answers say 'no' but I'm not sure...
Thanks That’s two strikes in a couple of months: first a broken windshield and now this..
Anyway... to answer your question, I would call the insurance company and ask directly. They won't penalize you for asking a question.
But what you need to decide is ... is it worth it? What if, powers-that-be forbid, you get into a real accident in the next 3 years (that's how long that claim will show up on your insurance record)? At that time, they could say "you've had 2 claims now, so your rates go up."
Personally, I'd go to the junkyard and get things like the armrest and doorhandle, and have the rest of the work done by a pro. Would probably only cost you a few hundred out of pocket, which I would think is worth it for peace of mind in case another incident takes place.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
As this is a NON Fault loss, your premium should not increase at renewal. The loss is considered by the underwriter should you switch carriers. Three non fault losses indicates a life style which excludes a locked garage.
My wife has been going to the doctor for over a year with no change in pain. Her life will NEVER be the same! No amount of money can change that and their initial offer is so low I doubt they'll even come close to $125K. Which leads me to; what if I refuse to pay the subrogation? Nothing has been finalized, but after she pays the attorney and the healthcare provider she'll be lucky if she has $30K leftover!!!
This has been a total pain in the...! We weren't at fault, my wife will ALWAYS have a bad back and we basically get PENNIES!!!
"made whole" is an elusive concept...if she is in constant pain, and has a diagnosis and corresponding testing to back it up, then even with $100K, I would argue with the subro company that she has not been made whole...remember, since we are not allowed to inflict on the other person what they have done to us, the only medium of compensation is money...
While lawyers are accused of only thinking of money, I ask you, what else can we think of???...the law will not allow you to run him over with your car for revenge...if your wife lost a finger, you are not allowed to cut his off for vengeance...so, the only thing left is money compensation to the injured party...unless you have a better idea, maybe a couple of mules and chickens???
Now imagine if there was no lawyer, and the offer was $32K...there are times I do hope we lawyers earn our money...
What you did not state is the limits of liability of the other guy...Snake Farm (not a typo...
If his limits are only $50K (and your case is probably worth between $50K-$100K, maybe mroe depending on loss of limb or other injuries) then the most you can get from his insurance is $50K...uh-oh, I feel myself slipping into preaching mode...
This is why you have followed my advice and purchased Medpay for the med bills (or PIP in a no-fault state) AND you have bought (UM) uninsured (aka underinsured) motorists insurance, so that if your injuries are worth more than his limits of insurance, your UM will then add to their insurance in an attempt to adequately compensate you...
I need to know what her injuries are...don't just say "back pain" as that is vague...back pain from muscle spasm may only be worth a little, back pain caused by a compression fracture of 5th lumbar or ruptured/herniated disc of L4 has great value...
It also depends on the diagnostics...I have a case where the MD diagnosed a disc injury, which was quite simple to verify with a CT/MRI scan...I pleaded with my client to get the MD to order a scan to objectively prove the disc injury...the MD's response was that he has been doing this for 20 years and his experience tells him it is a disc...
This idiot MD will not comprehend that a jury thinks his opinion is barely worth a can of beans if not substantiated by objective evidence...if his opinion is a disc injury BECAUSE it is visible on CT, his opinion is strong...without the scan, his opinion is worthless...this case will settle for 20% of its value because I will not file a suit with an MD witness who will be TORN TO SHREDS by opposing counsel...
"Doctor, how do you KNOW he has a herniated disc?"...I just know from my experience...Did you take a simple $400 scan?...No, I just know...Doctor, HOW do you know???...I just do, take my word for it...
Juries will NOT take his word for it without substantiation...my "star witness" is really quite worthless...he does not understand the difference between medical and medical-legal...
Blue Cross would probably pay for treatment based on the MD's experience, because they will pay for treatment anyway, and that is all they pay...the MEDICAL side of life
But, in an auto accident, we are not just getting med bills paid, but we expect to put extra money in client's pocket for pain and suffering, monies over and above cost of treatment...now, his experience means nothing without documentation,because the other side will not pay, and juries will not award $$$, unless you can prove the injuries with something better than "experience"...hence the MEDICAL-LEGAL side of life...
This doc may be a great doc, but to treat accident victims in that manner, he may help their pain, but adequate compensation will never be obtained, and the fault will now lie with the "skills" of the doctor...
Sorry for the long post, but your wife's condition makes me believe that you need to understand more than I can say in a short post...sorry to waste your time...
My wife's injuries included rupture/herniated disc L4, L5 and S1. Muscle spasms still occur to this day that bring her to tears! These disc injuries are backed up by the MRI and the doctors. She has had a test to detect nerve injury, physical therapy, and chiropractor. She has had most every nonsurgical treatment and per the neurosurgeon her only option left is nerve block and all out surgery which he seems reluctant to perform. We share his reluctance!
As far as limits of the other guy my attorney claims to not know??!!! Is this possible?
We both are VERY disappointed with our attorney and may seek another one. Can I do this and what about their costs up to this point? Is she responsible if we aren't satisfied with his service? Over the pass year EVERYTIME my wife has called for whatever reason they always have said, "We were about to call you". They've had a paralegal change about 6 months into the case and right before they sent the demand package another attorney in the office was assigned the case without even informing my wife! Also, there seems to be a descrepency between the main attorney and the "switched to" attorney about how long the insurance company has had the demand package. And to think I have to pay them 33.3% for such incompetence!!!!!
The attorney told my wife that he feels that the insurance company will not come close to our demands and a suit may need to be filed. Is this really necessary? We both have no qualms about going to court because we did no wrong, but our case isn't that complicated. Here's another twist, the accident happen in another state, SC and we're in NC. Our car was totalled which we were compensated for- more than the lien. I handled that because we had contemplated not getting an attorney right after the accident.
We are suppose to meet with him Monday and we both are confused and frustrated! To be honest and please excuse my arrogance, but I feel I could have done what the attorney has done. Even prepare the demand package! What should we be asking Monday?
Thanks a bunch!!!!
Insurance companies do what they do best in a case like this ... they try to beat you 3 ways - financially, emotionley and physchologically ...
I don't doubt your wife has pain and problems .. but insurance companies start with very small offers for a reason -- the reason being: most folks get worn out with Dr. bills, tests and appointments that go on for 6/10/20 months, the longer the Ins Co piddles around, the less they have to pay, thats why 71% of most claims are sold short ... I can't speak for the Attorney, but big settlements can take 3/4 years+ and thats with the injured one's seeing medical help 3/4 times a month ....
Terry.
Then how did you arrive at the 125k mark? In cases such as this there must be a logical way that figures are arrived at either it is 32k or 125k or more even nothing because no amount can change her suffering.
Our attorney feels that the insurance company won't come close to 125K. Why he feels this way we'll find out Monday. Also, my wife asked, "what would you do if you were me?" The attorney replied, "I'd just skip the negotiations and go to the lawsuit". I guess State Farm has decided to play "hardball", but they will UNDERESTIMATE our resolve and determination. I am competitive and I hate to feel like I'm losing! To them I say..."Let's get ready to rummbllllllle!"
I'm not crazy and I know we can't really WIN with a massive insurance company such State Farm, but we won't rollover either!!!
When you go to a firm with multiple lawyers, switching lawyers is not uncommon, but I believe that a full consult with you, and both lawyers should occur so everyone is on the same page...since it is contingency, the extra consult time should be gratis to you...sometimes a "front line" atty may handle the usual paperwork and demand package, but if the insurance co gets sticky, it may be transferred to an atty with more trial experience...assuming that, it is to your benefit for the change...it is also possible that the first atty is leaving the firm, so transfer is necessary...just guessing...
If you have MRI documented L4-S1 disc injuries, and I am assuming that they are accident-related, and not pre-existing, with $25K in meds your case should be worth, in my mind $75-150K...broad range, I know...that is the sad part of pain...to the injured party, 10 million dollars is not enough to live with that kind of pain, but no one awards $10 mil for back injuries...
I am glad your neuro is reluctant...the procedure called "nerve block" is actually mis-named because if it was called what is really is, NOBODY would consent to it...nerve block is actually where they go in and CUT the nerve at the IVF (intervertebral foramen) where it exits the spinal column off of the spinal cord...the procedure is NERVE SEVERANCE, but no one want their nerve severed and cut, so they call it something innocuous like nerve block...it is NOTHING of the kind... nerve "block" usually enriches the surgeon but rarely works for the patient...sure, it may work sometimes, but you will often suffer from severe muscle atrophy because the nerve supply to the organ/extremity is, literally, cut...like cutting a 50 foot water hose (i.e. the nerve)that goes to the garden, cutting it at the outdoor faucet (i.e.at the spine), so the garden will begin to die...so will the internal organ or the muscles of the leg, wherever the nerve goes...
And, if it is L4-S1, you are looking at the sciatic nerve and the entire lumbar plexus...leg muscles, digestion, colon, elimination, sexual function, etc...I would be damn careful to let them cut those nerves...
BUT, I am not the one in pain, so I can understand that folks can be at the end of their rope and will do anything to eliminate pain...I feel for your situation...
Obviously, with an offer of $32K, you could have done just as well, as it is only a first offer, I believe...if the atty can raise it, he (or she) will be worth their money...if you file suit, they will certainly earn their money...you have the evidence on your side with the MRI...
In GA, a suit filed today will come to trial in about 2 years...be prepared to wait it out...if you know upfront about the time delay, you will not lose hope...oftentimes folks think they file today and go to trial in a month, thinking of the right to a speedy trial...that only applies in criminal cases, not civil cases...
I think I covered all your questions...any more???
So, if the first offer is $6,000, my one third is $2,000...
if the client goes elsewhere before giving me a chance to argue a counteroffer, and the next atty, simply by having the chance to make the second demand, gets them up to $9,000, I am still entitled to my 1/3 fee, which should be protected by the 2nd atty...so, if you do the math, it would seem that I get $2K, and the second atty, who would get 1/3 of $9K, or $3K, has to pay my $2K lien from his $3K fee...now you can see why many attys are reluctant to take cases where the previous atty already has an offer from the ins...why should I bust my butt ot get the other atty's fee paid???
So, my contract says that if their is an atty lien on the case, then the lien fee will be subtracted from the CLIENT'S portion of the funds, not mine...unfair to the client???...that depends...I ask you again...why should I go thru the entire procedure as second atty, get a better offer of $9K (to use my example) and send the other atty a fee twice mine???...
Hoever, this may be different in the current case...the offer was $32K, for a fee around $11K...I believe that if the evidence is strong, a jury with $25K in meds, and MRI proof of multiple disc injuries, could award over $100K (remember, we do not know what policy limits are, yet)...
Knowing that the atty fee for TRIAL work would be raised from 33% to at least 40% (trial work is 100X more involved and complex than settlement work, and always worth a higher percentage), a 40% fee on an award of $125K is $50,000 dollars...if the trial atty had to pay out a $11K lien from a $50K fee, it would work quite well, I would think...
I know, nobody has mentioned yet about the poor victim and what does she get???...assuming her doctor bills are already paid, she gets the $125K minus $50K for $65K...if her doctor bills are not yet paid, subtract the $25K from $65K and you get $40K...now it seems that the injured party gets less than the lawyers...this example will completely and totally explain why I tell all my client to have $100K medpay (or PIP, third choice is at least group health, but they may subrogate)...with medpay, the $$$ for med bills goes to the victim...in this case, assuming one is in a state that uses medpay, paying a measly $75 PER YEAR could put another $25 THOUSAND dollars in her pocket...
Now you see that when someone tells me that they can't afford medpay, or (if you can believe this, but it is true) "I didn't get medpay because I thought if I have an accidnet I probably would not get hurt"...they should either have their license pulled for stupidity, have their right to vote revoked, and deported back to their home country, and that includes if they are citizens descended from the folks who came over on the Mayflower in the 1600s...
This may be hard to believe, but attys do not work for free...if she has to pay her meds from the settlement, that is her fault and her husband's fault for not purchasing sufficient insurance to cover this type of incident...no atty will cut their fee in a situation like this because it is not a lack of compassion on the part of the atty, it is a lack of preparation on the part of the client, along with, usually, an attempt to save pennies on their insurance premium...well, you may save the pennies, but this case should hopefully drive home why I believe that it is in the CLIENT'S best interest to max out thei auto policy like I recommend, because if they ARE that 1 in 10,000 that suffers serious injury, the money in their pocket will go up logarithmically (exponentially???)...
"But, I never thought an accident would actually injure me"...those are the ones I have to try and keep a straight face and pretend that they actually have an IQ above "dead" and say, "Yes, Mr. Jones, a 3 ton Expedition going 50 mph that impacts your Mazda Miata may actually cause minor denting of your Miata and slight injuries to you"...like demolish the Miata and potentially kill you in a heartbeat...
Maybe I really am just a self-centered, stupid lawyer, but when folks actually believe that they won't be hit by a truck or SUV, and just be rearended by a bicycle, I really lose faith in the average American...
Always insure your self against the obvious worst possible accident...maybe limits of $50 million would be a little overboard, but $100K is not unreasonable, and adding $1 million umbrellas to that is still not unreasonable, considering that the average $1 mil umbrella is under $200 per year...'nuff said on that...
My wife's meds have been paid by our healthcare provider. It appears they will subrogate. Depending on what my wife ends up with after attorney fees will determine whether she'll TRY to get out of paying the meds...if at all possible. A guy I know said he basically refused to pay the insurance company and they just "went away". I don't know if this is possible, but we aren't going to just hand over $25K without some fight...no matter how futile. For cryin' out loud they're rolling in dough!!!
I've since raised my medpay to $5K. This is the max my insurance will allow, but I did have $100K under/non insured. At least I did something right coverage-wise.
You're right marsha7, it is up to the client to have adequate coverage. Yet is also up to the attorney to do their job and EARN the 33.333%. I am certainly not saying that attorneys don't earn their money, but in my case I don't see any work done that would equal close to the money we'll have to pay our attorney!! Before we decided to get an attorney I wanted to negotiate the settlement myself, but my wife didn't think it was a good idea...maybe she was right, but as of today I feel she would have been better off doing it ourselves.
Surely, one can argue if the first offer with an attorney was only $32K, what would it have been without one?? Oh how I wish I knew!! I'm not slamming attorneys...just mine! Heck, I've thought about going back for real estate law, but there isn't a school near me. Quitting work to go back would financially ruin us.
Thanks, everyone and especially you,marsha7, for all your comments and advice. My wife and I really do appreciate your time.
Thanks again!!!
I endorse your comments and advice 100% regarding the B.I. of Mrs. Omegagen and your admonition to carry very high limits of M.P./PIP,U.M. and the Umbrella.
The purpose of Insurance is to prevent the financial catastophe, not the small maintenance losses like fender benders. I have always advised high limits and high deductibles.
My last comment is to express sincere appreciation of your expert advice to the Omegagen inquiry. You are not only very professional, but generous. Thank you for your participation in these forums.
Omegagen...I certainly see your point, feeling that your lawyer hasn't done much for you...YET (I am now about to sound like an optimist, and yes, you still have the right to fire him/her)...
Sometimes the ins co will make a lowball offer just as a feeler, and here's why...sometimes, folks are so desperate that they will accept the first thing that comes along...I had a client, small case about 8 years ago, I felt the case was worth about $9K...meds were about $3,500, I demanded a ridiculous $15K...the first offer was $7K...not rotten, but certainly not enough...ethics requires me to always transmit the offer to the client, and then I will recommend that they refuse the offer and grant me permission to try for more (after all, it IS their first offer)...good thing I transmitted the offer, because he accepted it!!!...I said that I am quite sure I could get more, maybe not $9K, but more than $7K...what I did not know was that he was 2 weeks away from forclosure on his home, and did not have the extra time to let me negotiate for more money (assuming I could have obtained more money)...I cut my fee somewhat, the doc cut his fee somewhat, and he had some $$$, much less than I thought he could get...BUT HE GOT ENOUGH TO GET HIS HOME OUT OF FORECLOSURE, which was unknown to me earlier...he was motivated to settle for much less than the case was worth...
Now, insurance companies know this happens...can you blame them for lowballing the first offer, because you might be in a similar situation???...if 98 out of 100 folks reject the first lowball offer, think of the money saved just from the 2 who accept...multiple that by hundreds of thousands of cases nationwide, and companies could save millions $$$, just by making low offers that are rejected by the vast majority...
Opposite situation...child injured by object in restaurant, where witnesses saw it fall over 3 times earlier THAT DAY...cut the child's eyebrow and left a small resulting scar, quite visible, eyesight still perfect...meds only $500 but facial disfigurement has value, regardless of meds (That is why I believe that the disc injuries to L4-S1 on MRI will add great value to your case)...
I demanded a ridiculous $45K,, their first offer was $5K, a disgustingly low offer for facial scarring...we wrangled on the phone for some time, him telling me that $5K was a fair offer...I reminded him what a jury might do with facial scarring...he asked what I really thought it was worth...I said $18K-20K (knowing that when you say 18-20 it means 18...)...he said he would check with fellow adjusters and call me back in the next day or so...
Five minutes later he called back and offered $18K, and admitted that he had undervalued the scarring and apologized...I accepted the apology and the offer...
So, could the client have negotiated the same deal???...I really do not know, but I know the client would not know what to say after the $5K offer...maybe I am arrogant, but I believe that I more than paid for my fee with the money paid to the client...
Maybe your atty can do the same, since you did say that it was their first offer, not their final offer...
Comprehensive with a $500 Deductible is unusual. Are you sure the $500 Deductible doesn't apply to collision? If so, perhaps your Comp Deductible is $100.
As Comp losses are usually not chargeable claims, I advise using your insurance for the claim. Regardless of the deductible $100 or $500.
Merry Christmas
Yep, "My Fault" insurance means that the guy owes you $500 -- good luck collecting! -- and the rest is on you.
The only thing you can do is either get your car fixed on your own nickel, or get another car. With the new car, consider "basic collision" or "limited collision" or whatever it's called, where YOUR insurance pays for your damage, but only if it wasn't your fault.. that is relatively cheap and would have covered you in this accident.
I'm sorry I don't have better news. I don't like no-fault either.
-Mathias
personally, i think if the cop didn't issue tickets to that driver, he did not do his job. The driver said he couldn't see due to no washer fluid, then said he couldn't see due to smoke. Obviously he was fishing for excuses and knew he was in the wrong.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
qbrozen: Yeah, "No Fault" is the way it works here in MI, it's not the cop's call. It simply means you can hit my car with your car, exchange ins. information -- in case there are injuries, mind you -- and the most you'll owe me is $500.
Which I then have to figure out how to collect. If you're honest, you'll just hand them to me in exchange for a receipt.
Cute, eh?
-Mathias
Lots of visible damage to the quarter panel and door, and a crease by the gas cap door where the right rear of the truck eventually made contact. Under the hood, stuff is a bit moved as well, as seen by the shiny spots under the bolt heads.
I'm concerned about the suspension and drive train; this is, after all, a front-wheel-drive that was pushed sideways for 25 feet. The drive train does work - my son could not push the car out if the center of the parking lot into a spot, so he started and drove the car about 8-10 feet, with no leaks or unusual noises.
How far can I push for more than a cursory visual inspection of the suspension and drive train?
can i go to michigan and just start plowing into people for a mere $500 a pop? sounds cheaper than sitting up in a clocktower with a sniper rifle!
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
And, good grief, if you live in a Mad-Max-like state where the opposing party never has to pay more than $500, why would you NOT carry full insurance to cover yourself and your car??
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
That says it all.
Son owes you for the damage he caused by being "unaware that the semi was backing up".
Considering it's a Camry pushed sideways, there should be a new car under your Christmas Tree provided by your son.
He should park in a pull-through spot, even if it is farther from the door. Otherwise, he should back into the parking spot. You see, in 60 years I have learned something.