Did you recently take on (or consider) a loan of 84 months or longer on a car purchase?
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At this point the only thing you can do is appeal to his/her sense of fairness. The reality is that people who get quick settlements help subsidize those who go to court and lose. That's part of the bargain when you hire someone in these circumstances. But the lawyer should still not walk away with an outrageous sum for the work. $500 an hour would certainly be more than ample compensation.
1) Caps off please, makes it look like you're yelling
2) Need more details about the vehicle specifics
3) Post that question over in Real World Trade In Values.
For example, if the other side has $50K limits, but your injuries are $4500 in meds, then the case will be worth between $8-20K, and limits do not matter, as the case value, IMO, is well UNDER the limits...
But, when you have $55K in meds and $42K lost wages, knowing if you will be adequately compensated would be nice to know...worse yet, with $55K in meds and the other guy only has $25K liability limits, unless you have UM limits OVER their liability limits, you would only recover $25K from insurance to pay your $55K in meds...
That is why I constantly recommend $100K medpay, if your state and company allows it, along with $100K UM PLUS a 1 million UM umbrella, because if he has $100K liability and you have $100K UM, your UM will not pay because there is no "excess" coverage, but with the 1 million umbrella (I pay $150 per year for the 1 million umbrella) you will have the excess coverage you need...
Suing the guy WILL get you a healthy judgment, but the challenge is COLLECTING on the judgment...considering how docs and hospitals want to be paid on a 30-60-90 day cycle or be sent to collections, you will see your credit ruined years before you collect on your judgment...and, if he qualifies for CH 7 bankruptcy, he can blow out your judgment with the stroke of a pen...
Just a few of my random thoughts...
Bob
With our house increasing in value the last 5 years, I was afraid our normal car insurance policy would not cover us fully, so we got an umbrella policy for $2 million.
What made me ask was a client who suffered $250,000 in meds and the at fault party had only $25,000 in coverage...I called my agent to verify my coverage, as it would be UM that could have made up the difference in this man's case...
Thanks,
Bob
UIM = Underinsured motorist
Note these two are usually linked, i.e., UM/UIM
Actually, from my understanding it won't be possible to actually get your own carrier moving on a UM/UIM until they either receive a denial from the liable party's carrier, evidence that there is no other carrier, or proof that the loss has been settled at limits from the other carrier.
To that end, yes knowing in advance may save you some time. However, it is unlikely that you have incurred 55k in meds and 40k (actual and provable lossess) and the other carrier is jacking you around if they only have 25k limits. My point was simply that knowing the other party's limits will only really do a few things.
1. put your mind at ease
2. put dollar signs in your attorney's eyes
If your provable losses are 97k and your attorney hasn't made a demand then he thinks the limits are higher than 100k. Your attorney should have a figure that he thinks your claim is worth, likely he doesn't have that yet because you or your wife are still treating -- if the treatment is completed than he should have that figure and be making a demand. Knowing the limits will not effect the other carriers payout -- it may effect his demand, but will not effect the payout. So basically, knowing the limits is essentially useless.
Think of it this way:
If he has 25k limits you are screwed and will need to go to trial anyway -- the ins. co will defend and try to settle for 25k full and final -- you will likely (and smartly in my opinion) decline. In court you will be awarded a dollar figure and the ins. co will cover their limits worth and their insured will be liable for excess.
If he has 100k limits you and your attorney will have a choice again (I would probably still decline unless you suspect the other party has absolutely no assets)
If he has 300k then you should be covered well and your attorney can still make his fair demand and the negotiations begin.
If he has a 2 million CSL then your attorney will redouble his efforts to make a ludicrious demand, one which will likely delay the process and bring about much hilarity around the other carriers office.
While I'm in complete agreement with Marsha7 about the Medpay, PIP, UM/UIM limits being high on your own policy (you do need to protect yourself -- even at a premium (no pun intended)) I still don't really see the point -- or necessity for that matter -- of knowing the other party's limits. I still stand by the idea that it's worth what it's worth and it is what it is.
BTW, if they know you've incurred 55k meds and 42k of lost wages then the limits are over 100k or they would've already offered the same -- period.
my car is fine, the bumper is totally screwed up and the left side fender is torn up, no other damage, how would my insurance handle this? it's aaa texas?
Did you hit the gas while going through the fence? :confuse:
These things happen but your explanation is hard to follow.
What kind of car were you driving?
Good luck, Mark :surprise:
Hope everything continues along well -- I'd say you probably have a decent UIM claim there with your own carrier (though it sucks that you likely will have to go in that direction.)
Stupidfool:
As painfully difficult as it is to ascertain what actually happened I'll spare a few moments to take you through the process.
Actually, I'll move ahead with the assumption (from your post) that you know absolutely nothing about insurance.
1. You must file a claim with your carrier (if the post office hasn't already.)
2. Your carrier will attempt to contact you to take a statement, give them what they request or they may deny your claim (thereby making you responsible personally for any damages to the fence.)
3. If you have first party coverage, i.e., collision coverage, they may want to look at your vehicle and they will reimburse you for damages (less your deductible)
4. Sit back and let them handle the claim -- ask your adjuster any questions you may have.
Now a little sidebar commentary:
a. 30 mph into a parking lot, as you found out, is WAYYYY too fast. You brake before you enter parking lots -- it can save more than a fence and your Mustang, it can save lives.
b. likely if the fence is knocked down it will be replaced, luckily this isn't very expensive -- depending on how deep the posts were sunk into the ground and how badly the lot was torn up when you struck it -- if the poles were sunk into the actual parking lot you may have a larger claim than you expect.
c. needing to replace a fender and bumper is not a "fine" car -- that is unless you actually needed two 1/4's a rear cover, one door, and a front-clip before the accident. If there is first party coverage, your insurance company will certainly want to reimburse you for the damages to your vehicle.
d. please slow down before entering parking lots -- it will do you alot of good in the long run -- to this end, hitting the "gas" as your last post states, is not the correct way to slow down a vehicle. Please refer to your owners manual or any other human who drives for advice on how to slow down a vehicle.
You were lucky that you didn't do more damage... 6 months of driving is not much experience but hopefully you have learned from this mishap.
Good luck and keep us posted on what the insurance company does for you.
M....156.
=============================
Excellent post .. most folks kinda forget this part ..
Bob ...? .. Marsha ...? ..... I won't ask ..l.o.l...
Terry.
they said that the heaadlight might be broken or something but they won't know till they try to open the hod and look at the wiring for them. they say they are a little loose...
Also, the original windshield has rain sensing capability, but the quote from geico indicated the QRP windshield is a windshield w/o rain sensor. Is it possible they can use the original rain sensor on the replacement windshield? Thanks.
Searches on the Internet only lead to companies that attempt to sell you services to help you calculate a "fair" settlement, whatever that may be!
Surely, there's someone, somewhere who can shed light on the topic...then again maybe the insurance companies' employees are afraid they'll lose a love one under questionable circumstances if they divulge the "TOP SECRET" info...who knows for sure?
What would I have to worry about if I buy a car that's been in an accident if the car's covered by a Powertrain warranty for 2 more years? (Owner's story was that the car slid off the road, the passenger door had to be replaced, and supposedly there's no other damage - I'd have a mechanic take a look.)
Would this previous accident affect my insurance rates? I'm 23, and I don't need another reason for them to push up my rates.
Thanks.
I do know however that no OEM actually makes their own glass. It is all contracted out and all pretty much aftermarket. It isn't made by a subsidiary of some subsidiary of the OEM, just by a big glass company who makes all of their glass. Likely your insurance company (and that is pretty key here) is using a glass company that warranties their work and glass -- they should.
To the "your" insurance company part. You should have a look at your policy and see what provisions it has for part replacement options -- likely it allows them to choose LKQ parts -- of which aftermarket glass would likely qualify.
Again, can't speak for the rain-sensing ability, or state-specific laws, but a quick perusal of your policy should help answer some of your questions. My thoughts, however, are that the glass is the least of your worries out of a 13k repair. Also, you should note that "OEM" glass (again, which really isn't OEM) is usually outrageously expensive when compared to another glass vendor.
I believe the only accidents that affect your rates are ones caused by you.
Regardless, when I brought this issue up to the adjuster yesterday, he gave in and at least verbally agreed to use acura factory glass instead.
However, there is another twist to the saga, the dealer body shop manager, the manager of sales and the general manager of the Acura dealership (who had been in the bodyshop business for several decades himself) got together and looked at the damaged MDX yesterday. The sales manager who sold us the SUV originally and the bodyshop manager then both called me to tell me that they feel the car should be totaled and will fight hard with Geico to get the car totaled. Although the first estimate of repair cost from Geico was only 13k, they think once the car is taken apart, there most likely will be internal frame damages that will easily dramatically increase the cost and time of repair.
Now I did mention to the sales manager before that if the car is totaled, I will likely buy a 2006 mdx from them. However, I suppose they would also make a fair amount of money from a big repair job. I am happy that they are doing this, but can someone explain to me why they appear so motivated to get the vehicle totaled in this case?
She lives in pain EVERYDAY and the shinanigans the insurance company has put her through only aggravates the situation!
She definitely will go, but our question is...Is this normal to request an evaluation this long after the injuries?
Thxs everyone!
In other words, take advantage of this doctor's experience and expertise. Hopefully, she will recover soon without pain.
Aside from my wife's physical troubles, mentally, after seeing doctor after doctor she's pretty much mentally drained. But, with my help she'll persevere.
If they are paying for her medical care, I think it is reasonable for them to have one of their doctors examine her.
This is a good thing for you Omegagen.
1. Their physician is an Orthopedist with only
2 years of spine training vs the neurosurgeon my wife
has gone to which has 6 years of spine training.
Hence, a step backwards in training and expertise.
2. Anything their physician finds they will spin in
their favor. All the MD's my wife has gone to are highly respected in their fields, especially the
neurosurgeon. All their diagnoses agree my wife's
spine received serious trauma which in turn will
continue to be a chronic problem. All the medical data
they have on my wife proves her case. Which leads to
the question...If two guys are in a fight and one has a
butcher knife and the other has nothing. Why throw him
a butter knife because he feels the fight is unfair??
Certainly, the case is not that simple, but you get the
point.
We've yet decided what direction we'll take because their are pro's and con's to both sides of this chess match.
Thanks for all your advise and by all means comment if you'd like!
You do have to submit to the exam, but be careful what you say...just answer the questions truthfully, but do not offer any more info than what you are asked...but...
Be sure to tell the doc how the injuries have affected your life and your daily activities...do not embellish, but do be descriptive...most of what you say will NOT be taken down by the MD unless the entire exam is recorded...the entire purpose of the exam is to screw you, plain and simple, and the docs who perform these exams are often worse than the "company docs" who perform work comp exams...
Think about how it affected your wife's life...can she raise her arm to comb her hair, or does she have the shoulder mobility to hook and unhook her underclothing??? ...can she pick up the young children or grandchildren???...can she work in the yard, bend over to place dishes in the dishwasher, pick up a load of wet clothes from the washer???...can she panic stop a car or does the brake pressure cause stabbing pains in her leg/back/neck/whatever???...we call that the ADL, activities of daily living...
No, I believe that euphonium, while one of the best posters on this topic, has seriously missed the boat on the IME doctors...they are almost always paid prostitutes who can often print a 5 page narrative on your injuries 3 hours PRIOR to examining you, if you catch my drift...if you truly have an honest one, it will be a rare event, indeed...good luck and be careful...let us know what happens...
Lastly, it is not unreasonable for the insurance to want the exam after two years, my problem is the biased MDs who do the exams...remember, if they find too often for the injured party, and cost the insurance $$$, they will suddenly find that the insurance no longer send them the $500, 10 minute exams to pay for their Porsches (to keep this post on topic, of course, in an automotive forum)...
Good luck...
Bob
-Brandon
..l.o.l... funny, but dead on the money...!
A friend of mine was involved in a bad motorcycle accident a few years back, he was in the hospital for 51 days and had a vast array of doctors .. he was on a walker for 6 months and had to learn to speak again .... the insurance company made him go to their doctors for "their" evaluation .. the first one was a Pediatric doctor ..... get the drift.?
Terry.
I contacted her and told my insurance company (State farm). I got the body damage on my car fixed and I assume she got her car reapired. I don't know if my insurance went up or not.
'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
But I always knew comprehensive as "fire, theft, and vandalism"...so, I would probably guess it would come from collision, as the damage was done by the (I can't help it :P
If this sounds harsh, I aplologize. But, this is why we have insurance: to protect ourselves from ourselves.
This is my first new car purchase so I have no idea how this process works.
Thanks in advance!
For instance, a vandalism would be covered by comp, yet obviously the vandal is negligent.
A shopping cart in a parking lot that rolls into your vehicle would likely be a collision claim.
Rock in the road -- collision
Rock flying in the air -- comp.
You see, negligence -- while a good rule of thumb, is not the sole decider of comp v. collision.
This claim would be collision on your vehicle and pd on the house/deck/tree/grass/yard/anything else you struck along the way to the house.
If it's your trailer then you are SOL -- unless the trailer is covered by insurance as well. If it's your deck post you are SOL -- unless that is covered by homeowners. Anything you damage -- typically -- that belongs to you and is not another covered auto will likely not be covered by your auto insurance.
Also, you rolled down a hill, into a trailer and then a house -- how much damage is that? How much coverage do you have? Those instances would be considered one accident -- if you have 10k of PD coverage you may be responsible for any damages in excess of 10k -- unless your carrier can negotiate a release from all damaged parties.
For example, it is believed that Snake Farm contracts with local repair shops (some are quite good, BTW) and receives discounts for volume work...so, there is nothing wrong if SF can get your car fixed for $4K, whereas any other shop would charge $6K...a wise monetary saving for repairs that must be done, anyway...
Another factor: used parts, new OEM parts, and new aftermarket parts...usually, if your car is two years old or less, the parts used will be OEM new...once the car breaks 2 years, they can use other makes of parts (cheaper) or used parts from a bone-yard (cheaper, still)...
After all, it is hard to demand new OEM parts for fenders and hood when the car is 5 years old...fixing it means just that, fixing the damage...the car is well depreciated at 4 or 5 years old...
If you're talking Koons, you're probably in the DC area. I used to live down there, and used a shop in Arlington that was very good and on State Farm's preferred list. It's called Spectrum Auto Body on Four Mile Run Road, a half mile off 395. If you're in the area, check and see if they're on GEICO's list too by chance, or if they'll do the work for GEICO's offer. They're very good and very helpful.