Advice on a settlement regarding auto accident

[Pressing-On]

Originally Posted by rgcraig

PO,

I hope that "shelf thing" the other night didn't further your injury!

Renda!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Actually, I think it helped!!!

[Pressing-On]

Originally Posted by Esther

In that case I would have to go with worse case scerio and plan for additional medical cost.

They could save that money IF they had the open-ended medical coverage.

Otherwise, you will be left holding an empty bag.

Esther,
I just needed a little adjustment, it's not a serious situation.

[GrowingPains]

Originally Posted by Pressing-On

Thanks for all of your advice!

I'm working with USAA in San Antonio. I used to work in the legal department there and they are very fair. I've talked to the agent who is handling everything and thus far, I feel I don't need an attorney.

I don't have any prior back problems. I am saving everything and my doctor is going to write out a good report and a detailed list of everything.

The insurance agent told me that they expect that I would see a doctor and that they will pay.

I just hope the repair place will do our truck justice. We still are not certain if the frame is bent. The guy told me he won't be able to tell until he takes off the bumper and he didn't want to lower the tailgate as he knew he wouldn't get it back up. We will find out next week.

Just know there is no set chart that says what your claim is worth on the BI side! That's a thing of the past that most state's DOI have regulated heavily. You determine the value of your case. If you aren't going to use an attorney, start high with your demand and go from there. This advice, of course, is looking out for you to get a good settlement. USAA is an A+ company so that's a positive -- they still aren't a first party to you, and would rather save themselves some money.

Glad to hear things are going well.

[Pressing-On]

Originally Posted by GrowingPains

Just know there is no set chart that says what your claim is worth on the BI side! That's a thing of the past that most state's DOI have regulated heavily. You determine the value of your case. If you aren't going to use an attorney, start high with your demand and go from there. This advice, of course, is looking out for you to get a good settlement. USAA is an A+ company so that's a positive -- they still aren't a first party to you, and would rather save themselves some money.

Glad to hear things are going well.

She told me that what she will do is get a copy of all the bills and pay them. Nothing more.

[GrowingPains]

Originally Posted by Pressing-On

She told me that what she will do is get a copy of all the bills and pay them. Nothing more.

That's your First Party claim (Medical Payments, PIP, etc), but you are owed Pain and Suffering under the claimant's Bodily Injury coverage. That's above and beyond your medical bills. This is automatic for any claim and they should expect you to file for that.

Insurance has come up with compensation for damages that are not just vehicles and property, but also damage to your own body -- depending on how long the pain/problems persist, what sort of inconveniences, etc... Insurance is there for this, you aren't doing anything wrong by pursuing that.

[Pressing-On]

Originally Posted by GrowingPains

That's your First Party claim (Medical Payments, PIP, etc), but you are owed Pain and Suffering under the claimant's Bodily Injury coverage. That's above and beyond your medical bills. This is automatic for any claim and they should expect you to file for that.

Insurance has come up with compensation for damages that are not just vehicles and property, but also damage to your own body -- depending on how long the pain/problems persist, what sort of inconveniences, etc... Insurance is there for this, you aren't doing anything wrong by pursuing that.

Thank you, I didn't know this about the Pain and suffering. I don't know what is honest to ask for and I don't want to engage and attorney.

Would I say that I need to settle for something on the pain and suffering because of the medical issues that can arise sometime after an accident?

[GrowingPains]

Originally Posted by Pressing-On

Thank you, I didn't know this about the Pain and suffering. I don't know what is honest to ask for and I don't want to engage and attorney.

Would I say that I need to settle for something on the pain and suffering because of the medical issues that can arise sometime after an accident?

I would need to know more about your case.
Most Personal Injury attorneys would listen to your case for free and provide representation subject-to the settlement. Not a bad option. Some things to consider:

-- Did you have an immediate ER visit?
-- What are your injuries? What do they affect?
-- Has it affected your normal life to any extent?
-- Are any of the injuries permanent? If temporary, how long did they last?
-- Prior injuries? If not, you have a case, as you may be more prone now to future back condition that could be exacerbated later in life.
-- Has it affected your happiness?
-- How much were your med bills? What time period? What treatment?

Depending on how these are answered, would determine what you could claim. There is no magic number. You determine the value. 5k would be an absolute minimum.

[Pressing-On]

Originally Posted by GrowingPains

I would need to know more about your case.
Most Personal Injury attorneys would listen to your case for free and provide representation subject-to the settlement. Not a bad option. Some things to consider:

-- Did you have an immediate ER visit? Yes, by ambulance.

-- What are your injuries? What do they affect? My neck and lower back, which also has affected by right thigh.

-- Has it affected your normal life to any extent? I have to have an ice pack on my neck and back several times throughout the day and have to be careful not to work to much around the house. That is aggravating.

-- Are any of the injuries permanent? If temporary, how long did they last?
The pain hasn't gone away, lessened a bit, but not gone away.
-- Prior injuries? If not, you have a case, as you may be more prone now to future back condition that could be exacerbated later in life.
No prior injuries.
-- Has it affected your happiness? Yes, in a way. I don't like feeling helpless that I can't function normally without my back hurting. It's a little scary, I have to admit.
-- How much were your med bills? What time period? What treatment?
I have the ambulance at $478, haven't received anything on the ER or Cat-Scan, and the treatments at my chiropractor are $50 per session. I have seen him, I think 3 times so far. I go again on Friday.

Depending on how these are answered, would determine what you could claim. There is no magic number. You determine the value. 5k would be an absolute minimum.

Thanks for your help. My daughter was saying that 5k would be minimum also. She is saying to ask for 10k. I just want to do the right thing and I don't want to pay for anything medical in the long run. Mainly, because it was not our fault and the police report states that - no fault collision.

Is the settlement above and beyond the medical and auto repair or is it included?

[GrowingPains]

Originally Posted by Pressing-On

Thanks for your help. My daughter was saying that 5k would be minimum also. She is saying to ask for 10k. I just want to do the right thing and I don't want to pay for anything medical in the long run. Mainly, because it was not our fault and the police report states that - no fault collision.

Is the settlement above and beyond the medical and auto repair or is it included?

Originally Posted by GrowingPains
I would need to know more about your case.
Most Personal Injury attorneys would listen to your case for free and provide representation subject-to the settlement. Not a bad option. Some things to consider:

-- Did you have an immediate ER visit? Yes, by ambulance.

-- What are your injuries? What do they affect? My neck and lower back, which also has affected by right thigh.

-- Has it affected your normal life to any extent? I have to have an ice pack on my neck and back several times throughout the day and have to be careful not to work to much around the house. That is aggravating.

-- Are any of the injuries permanent? If temporary, how long did they last?
The pain hasn't gone away, lessened a bit, but not gone away.
-- Prior injuries? If not, you have a case, as you may be more prone now to future back condition that could be exacerbated later in life.
No prior injuries.
-- Has it affected your happiness? Yes, in a way. I don't like feeling helpless that I can't function normally without my back hurting. It's a little scary, I have to admit.
-- How much were your med bills? What time period? What treatment?
I have the ambulance at $478, haven't received anything on the ER or Cat-Scan, and the treatments at my chiropractor are $50 per session. I have seen him, I think 3 times so far. I go again on Friday.

Depending on how these are answered, would determine what you could claim. There is no magic number. You determine the value. 5k would be an absolute minimum.

Don't settle until your treatment is either over with, or near done. Time is on your side. Is this all soft-tissue injury being treated with regular Chiro visits? Hindering your chores around the house is big. Are you a parent? Even bigger. How long have you been treating -- meaning, since when??

Starting at 10k isn't a bad idea. Knowing more info, you may want to start at 20k. See what you can tell me. I'm not an attorney, but I have years of experience in BI cases.

[Pressing-On]

Originally Posted by GrowingPains

Don't settle until your treatment is either over with, or near done. Time is on your side. Is this all soft-tissue injury being treated with regular Chiro visits? Hindering your chores around the house is big. Are you a parent? Even bigger. How long have you been treating -- meaning, since when??

Starting at 10k isn't a bad idea. Knowing more info, you may want to start at 20k. See what you can tell me. I'm not an attorney, but I have years of experience in BI cases.

The Cat-Scan showed possible contusion, but I didn't verify it. I had the work sent to my Chiropractor. They released me from ER because nothing was broken - I did tell the agent that is why I was released. The agent asked me if I was taking pain killers and I told her no, because they make me sick. I couldn't lie about that. Don't know if that matters or not. My doctor wants me to take inflammatory medication, but I haven't done that either. I don't like to take things that make me feel tired.

Yes, it does hinder my chores and I feel very pressured by that. I am a parent, but my children are over 20 and don't live here.

I've only been treated for going on a week as the accident was on Father's Day.

Also, my doctor told me that I could file on my PIP and then my insurance company would turn around and get their money back from USAA.