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Is anyone worried about there identity ??? or looking to know how to protect your identity???? |
THIS IS GOOD FOR YOU IF YOU ???
DO YOU HAVE TEENAGE DRIVERS?
DID YOU JUST BUY A HOME?
YOU OR SOMEONE YOU KNOW HAS BEEN A VICTIM?
DIVORCED?
CUSTODY OR CHILD SUPPORT?
SPE... |
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I am in fairly good health. A 20 yr policy will cost me $99 mo
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How much "pain and suffering" money to expect from an insurance settlement? |
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Insurance Types? |
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Marybeth E | Is this a reasonable amount for an insurance settlement? Added info...long but please read.? |
In March of this year I was rear-ended by a small sports car. I had just started pulling off from a red light (going about 15mph) The police estimated his speed was around 65mph (in a 45 mph zone) Both cars were totaled & unfortunetly that driver didn't survive (had no seatbelt on & he was thrown from his car to mine..which I witnessed) His insurance company took 100% liability. I went to ER & then to my regular doctor several times afterwards. I had soft tissue injury in my neck & back. My back hurt for the longest & on my job where I sit down most of the day.I went to physical therapy for 3 months & it still hurts on occasions but not enough to keep going to PT 3 times a week. I was diagnosed with Post Tramatic Stress Syndrome from witnessing this man's death and this is still an emotional rollercoaster for me. My doctor said those images will never go away but they will lighten up. My production at work has went down hill since the accident b/c I leave early b/c of my back & the Additional Details emotional scares. Any time I see a car of that color & make I relive the instance & I can’t watch any of the shows I used to (CSI, The Shield or any movie like that) b/c it always makes me think about the wreck. The insurance company has been calling me for months but I hadn’t settled b/c of my back injuries but I am getting tired of them calling me all the time. They gave me several figures and the last one was $8000.00 & out of that amount I will have to pay $2300.00 for ER visit & X-rays, $1600.00 for Physical Therapy, $920.00 for my regular doctor visits and x-rays, $530.00 for ambulance ride, $1675.00 for missed work. |
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LDS4LIFE
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A bodily injury claim can include all sorts of intangible factors of the accident. If a person driving a vehicle caused injury to you and because of his negligence you have sustained physical injury and mental distress, you have claim for both. Body injury includes "pain and suffering" This definition allows you as the "injured" party to file claim for the other person's wrongdoing.
The settlement that you are stating is low based on your circumstances. I would argue that you have a good case to pursue higher amounts. Make sure that when you are negotiating with the other insurance company, they understand that you want to talk about BI only. Don't let them go through the whole deal of stating the amount they pay is for medical bills, ER visits, etc. This should all be paid for you insurance company under PIP or MPC. This is not a negotiating item, this is "special damages". That is owed by your company to pay for you. Your company will then go to bat for you and recover this money. The "general damages" is what you are seeking. These are the intagibles, "pain and suffering". Remember to negotiate these damages direct and make sure that the other companys settlement offer is for these damages because you can almost assume that the other company will pay for your special damages direct to your company.
Based on your facts of what happened, an $8k settlement for BI excluding special damages appears to be fair.
However, you need to ask yourself, based on your diagnosis, what is best for you to do. These claims are very stressful and can cause more emotional stress than what you need right now. If this is the case, I would suggest hiring an attorney to resolve this for you fairly, that way you can, to some degree, back out of it, and allow your attorney to handle the negotiations. This may be worth the 30% payoff to him. Keep in mind that your attorney will only receive this amount which will be deducted from the settlement of the other insurance company. I handled auto claims for 6 years. I know what kind of stress a person goes through when this type of tradegy strikes. Hopefully, these comments can help you better resolve your claim.
Good luck. |
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mbrcatz
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Well, GA won't allow any of the "mental suffering" in your p&s. So the post traumatic stress syndrome, being scared of cars of that color, none of that counts. The whole emotional thing . . . irrelevant. Not for you, of course, but legally.
Keep in mind, they will NEVER pay more than the policy limit. They ALSO don't have to pay you more than the actual cash value of the car.
Have you counteroffered? You're medical bills are well under $5,000 (if I remember right). So $8,000 isn't unreasonable. If it were me, I'd counteroffer $15,000, and see how they respond.
You can always say no, sue, and pay a lawyer 30% of what he gets for you. If you decide to do that, write it in that the lawyer only gets 30% of the amount OVER the $8,000 that they've already offered. That will give them some incentive to actually GET something extra for you. |
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saberhilt
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I'd suggest talking to your insurance company as well. Your insurance agent will have a wealth of knowledge for you.
The purpose of Insurance is to Indemnify the parties, or "return affected parties to the status they were before."
Did you buy a comperable car to your old one or did you upgrade? If you bought a car that was of Like, Kind, and Quality of your old one, include that down payment in your counteroffer to the insurance company.
You have been making counter offers haven't you?
Don't think that you'll be able to walk away with millions of dollars here, but a resonable counter offer would be in the 10-12k range (granted that's after just a quick read of your side of the story, the Insurance company may have other facts to work with). |
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Mumbles
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Is Georgia a No-Fault State? That makes a big difference. |
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Christie
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Do you have an attorney? If not, get one! You shouldn't be handling this settlement stuff on your own. You need someone who is knowledgable of personal injury law to be working with you, so that you don't end up screwing yourself.
Settling TOO SOON could leave you with medical bills that won't be covered. That means, you'll have to pay them yourself.
As for pain and suffering, I don't believe that is going to be covered. I'm sure you've had a difficult time of it, but technically, all the insurance has to cover are the costs of your bills, up to the policy limit. A good attorney will tell you that. |
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