Need advice - insurance settlement

Da Nag

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Staff member
I'm once again, turning to y'all for non-boating advice. I've looked around and researched elsewhere, but the background, experiences and advice from C-Brats is often far more useful than picking through a gazillion Internet resources of unknown quality.

The issue: Dana and I, were in a nasty car accident a few days ago. Rear ended at 45-50MPH (we were at or near stopped, fortunately without our brakes applied), car totalled, 100% other driver's fault. Need advice on how to deal with the "insurance dance."

First up - while there's going to be medical bills, we're likely going to be OK. We were taken by ambulance to the ER as a precaution, had xrays done to both of us, CT scan done on me - with nothing abnormal in either. Still - quite a bit of bruising, lingering pain and stiffness. Hopefully nothing long term, but we're well aware how such accidents can have issues crop up days/weeks after the event. Hopefully, some physical therapy, massage and/or chiropractic will have us 100% soon.

On to the insurance issues...first up, we're hopeful to get a reasonable settlement, without involving an attorney. We're not looking for a payday - just reimbursement of legitimate expenses. We have three areas of expenses that I see - and each, seems to have a different method of settlement. Add to that - I'm not getting very clear instructions on how to proceed from my insurance company.

- The car. My insurance company, appears to be cutting the check for the totalled vehicle - even though they'll go after the responsible party's insurance for reimbursement. The initial number they came up with, seems low by $2-3K...and based on details I've found online, this is not unusual and the figure is often negotiable. I submitted documentation to them (KBB retail price, comparable vehicles for sale with higher prices, etc.), so hopefully they come up a tad. If they don't - what are my options? If I accept their amount (we need something soon in order to replace the vehicle), can I attempt to claim an additional amount from the responsible party's insurance? Or, once we accept the check, is that all she wrote?

- Medical/lost wages. These costs are easily documented, but from what I understand insurance companies typically want to settle them quickly...which is at odds with possible longer term effects we might have. Since we're in no rush for this portion of the settlement (insurance is covering all medical, except chiropractic/massage), I assume it's wise to hold off on accepting any settlement until we feel we're back to 100% physically? Also - while I've been told this portion of the claim is handled by the responsible party's insurance company, it's unclear to me whether my insurance company works as a liaison on our behalf, or whether we're dealing with them directly. I got a wishy-washy answer on this, from my insurance company.

- Personal effects. We only lost one significant item. The crash was violent enough, to ruin Dana's brand new MacBook Pro. The laptop has a dented case, and the screen cracked. My insurance company is suggesting I need to make a claim with the responsible party's insurance company, but also suggested it might be covered under my homeowner's policy. My concern with a homeowners claim - I don't want something like this on my claims record. My concern with making a claim with the other insurance company - I don't want it tied to an overall settlement with the medical. We'd like the laptop replaced ASAP, but as mentioned above - don't want to settle on medical until we're sure our rehab is complete.

Any words of wisdom or guidance, would be most appreciated.

On a related note: I've got to say, I'm most impressed with the Honda Element's performance in this crash. It was a significant hit by a Chevy 1/2 ton truck - which deployed the other driver's airbags, and ruined all body parts on his entire front end. The wonders of modern engineering - specifically, crumple zones - certainly kept us from suffering a much worse fate. The rear of the Honda buckled and was shoved forward almost a foot...but virtually everything, was taken up in the area of the car aft of the occupent area in an incredibly uniform manner.
 
Bill - glad to hear you're OK. I think if you're reasonable with the responsible party's insurance company and start out by telling them just what told us here, you can reach agreements that are not a full and complete settlement. E.g. a payout of legitimate expenses need not be wrapped up in a "final" settlement agreement. As long as you make it clear that you won't sign anything the precludes future legitimate expenses but that you're not out to obtain a payday, you can do partial settlements along the way. Unfortunately, insurance companies often don't know how to deal with people who are honest and decent with them so it might take a little longer than it should to get things worked out. However, I have seen people who received the payments they needed without EVER signing a final settlement agreement so I know it's possible.
 
Bill,

Always remember that the other guy's insurance company is trying to minimize their pay out, and that they have been doing this a lot longer than you have.

I also just lost a car to a rear end collision, we are OK, but the car was totaled. You have the option of settling the car damages with the other parties insurance, bypassing your own insurance.

You have a year to bring a lawsuit for damages, so don't be too quick accepting a settlement.

Even though you are not looking for a 'pot of gold', a consultation with a lawyer might be in your own best interest.
 
Glad to hear you are ok. Many years ago I had a vehicle totaled, same as you wanted to give a price much lower than I wanted. At the time no computers, so used newspaper clippings as to what they were actually selling at. They matched the average price and because I had custom wheels came up a bit for that. They will also give you vehicle license fee ect, so not just the auto price itself. If I recall you have 1 year to keep the case open as far as medical expenses go. This may rop up weeks after the accident, especially once you get back to work and are full speed on activities. Especially using upper body neck muscles as in fishing etc.
 
Bill- While I can't be any help about the specifics of negotiations, situations like this are why I have all my insurances with the same close-by responsible professional agent. He/she can be very helpful at this difficult time. I too am glad you came through as well as you did.
MartyP
 
Thanks God you guys are ok! :hug :hug2

I can't help with the insurance questions, though. Did you have Yogi in the car?

Since you're ok, I'll ask the obvious question about this comment "CT scan done on me - with nothing abnormal" You're kidding, right? :lol: Hey, it was there and I took it.

If you guys can't get up here for a while and need anything with da barn, just let us know and we'll be happy to run over and take care of it for ya. Especially if it involves playing with the tractor!
 
416rigby":55kvml26 said:
Did you have Yogi in the car?

Thankfully - no. That being said...the whole reason for the accident, was dog related. Two loose dogs ran out in front of us, causing me to slam on the brakes. We just barely tapped them - likely not injuring them. Unfortunately, that scared the crap out of them and they continued to run across the busy road - where they both promptly got splattered by a truck right next to us, going 55-60. Not a pretty sight...and given the Da Nag's involvement in the canine world many of you are aware of, it shouldn't come as a surprise that this was the most traumatic part of the event for both of us.

We were then immediately rear ended by somebody not paying attention to what was going on. Fortunately, the impact was within a fraction of a second of my taking my foot off the brake after the panic stop - the collision would likely have been much worse had I still had my foot firmly on the brakes.

416rigby":55kvml26 said:
Since you're ok, I'll ask the obvious question about this comment "CT scan done on me - with nothing abnormal" You're kidding, right? :lol: Hey, it was there and I took it.

It was early in the morning, so the psych staff had yet to arrive - so yes, I dodged a bullet.

And hey, good buddy...fire away. My sense of humor fully recovered the following day, and I've always found it to be the greatest healer. :grin:
 
Larry H":3rwe273w said:
Even though you are not looking for a 'pot of gold', a consultation with a lawyer might be in your own best interest.

Agreed, Larry - we've certainly not ruled that out. We're just not interested in doing so, until/unless we feel like we're not being reimbursed fairly.
 
rogerbum":2reo33ei said:
As long as you make it clear that you won't sign anything the precludes future legitimate expenses but that you're not out to obtain a payday, you can do partial settlements along the way. Unfortunately, insurance companies often don't know how to deal with people who are honest and decent with them so it might take a little longer than it should to get things worked out. However, I have seen people who received the payments they needed without EVER signing a final settlement agreement so I know it's possible.

Good to know - thanks for the info, Roger.

Other than the car reimbursement, we're in no huge rush - so if it takes a little more time to get through this process in a manner that is fair and protects our interests, that's fine by us.
 
Glad to know you are both OK (relatively OK, not relatively glad (on edit)), sorry about the two pups! As for medical stuff, problems can crop up after a very long time. Our granddaughter is going through that right now after an accident in January. Still no settlement for medical.

We have several insurance agents here on the site that could probably give you advice on the other two points, pat is one of them (ohio). As long as his insurance company isn't involved on either side, he may be willing to as long as it's anonymous.

Don't be in a hurry to settle anything, my wife was involved in a bad rear ender in 1993 (ended her teaching career). Both of us were insured by the same company (unnamed publicly) but they fought us tooth and nail as the injured party. HAD to get a lawyer to get ANYTHING. Needless to say, I'm no longer with them for that and other reasons.

Again, glad you're okay!

Charlie
 
Sorry to hear about the accident, but glad to hear you two are in reasonable good shape. We have been through a couple accidents (both hit us) and found that it is best if you do not settle right away. In the case of our truck being hit, the other guy's insurance company was MUCH easier to deal with than our company. They could see that we weren't out for a payday and were willing to work with us so we could get the damage repaired at a place that was OUR choosing, and within their "preferred" repair facilities list. They paid for a rental vehicle for us.

The previous accident was on our motorcycle, and we were both banged up. Be sure to keep track of ALL your time spent on dealing with the accident, trips to the doctor, time spent checking for a new computer, etc, etc. This is all time spent doing things that you would NOT have to do had the guy not hit you. So, while you aren't screaming "Whiplash," you should also be paid fair hourly rate for any expenses AND time. As it turned out in that circumstance, the other guy's insurance company tried to get us to settle right away... and when the bike went in for repair, the dealer found a bunch of other damage that wasn't apparent on the initial estimate. When it came time to settle everything, the other guy's insurance company said, "Come to our office (2 hours away) and we'll get this settled."

I said, "No, you can come to OUR office. We didn't ask for this hassle, and we're getting tired of dealing with it. The next step is you folks dealing with an attorney."

They set up an appointment with us at our place of business the next day, took all the itemized expenses we had incurred, and wrote us a check for double that "to take care of your inconvenience and any pain you had to deal with."

You are the injured and inconvenienced party here. Like you, I was not looking to create a problem for anyone, but you need to be fair to yourself, as well.

Do NOT have your homeowners insurance pay for the computer, because that WILL follow you around for 3 years in the case of any other claim(s) on that policy. Some companies will drop you if you have two claims in three years.

Good luck dealing with all of this - hope it goes smooth and easy.

Best wishes,
Jim B.
 
Thanks, Jim and Charlie.

As usual - it sounds like getting something done right, is best accomplished by taking as much control of the situation as possible.

Sounds like dealing direct with the other insurance company - assuming no attorney is needed - might be my best initial course of action.
 
Get an attorney, the Insurance company has nukes and bazookas. You only have a pea shooter.

I'm not an attorney and don't even like the profession in general, but with accidents there is way too much fine print in settlements that you will not understand.
 
DaNag,

Like everyone else, I'm certainly glad you guy's made it out without serious injuries.

Most of the Brat's have responded with cogent ideas and suggestions.

...one I might add:

In settling on your vehicle (whether with your insurance or the other guy's insurance) don't forget that when you replace your vehicle you will likely have to pay sales tax, and some other sales related costs. No insurance company will like having to fund such costs, but what you're trying to do is narrow the gap between what they are willing to pay, and what you must pay to get a similar type vehicle. Like-Same condition, etc. Your objective is to be made Whole; or as 'whole as possible.

Data from NADA/BlueBook, etc may be of marginal value, and not particularly regional. Having two to three written quotes from local dealerships regarding what the realistic replacement cost will be may move you closer to your goal.

Good luck.

Casey
 
I would temper that just a bit - get legal advice, consult with an attorney who knows the ropes, not a general practitioner, estate planner, real estate attorney or whatever. You may or may not need to be represented, but usually the advice will be worth the consultation fee. Finding the right attorney is the trick, and for that I would turn some attorney, any attorney, I know and trust for the referral. Just my $0.02 worth...

potter water":v9w2mm3u said:
Get an attorney, the Insurance company has nukes and bazookas. You only have a pea shooter.
 
First, I am glad that you both are not badly injured.

Second; Please remember that the type of injury which you both received may not show the full extent of damage for some long period of time--perhaps even years. There is acute ligamentous injury, occasionally actually bone damage, and blood vessel tearing with bleeding. This can lead to calcium deposition and arthritis later on. All of these may give problems down the line, and will not be found with even an MRI or CT scan, let alone a conventional chest X ray. This is one of the reasons that often settlements for this type of injury are substantial. (I am not suggesting that you should look for excessive compensation, but rather consider that medical treatment may be required in the future--and I suggest that adequate funds be set aside, or future medical bills be covered.) This also implies that there is potential for pain and suffering as well as even remote possible time off work some time in the future.

I believe that most insurance companies will provide for a rental vehicle until you have found suitable replacement. I would make it very clear to your insurance agent, that you want your insurance company (who apparently is already involved) on your side, and looking out four your best interests. This means replacing your vehicle with one equal or better than the one which was totaled.

I would ask that the other insurance company provide an equal MacBook (new) with all of the software, and pay for the hard drive on the old Mac Book to be copied and made available to your wife.

I understand the trauma, of both the accident: and what happened to the dogs. This also is a real trauma to both of you. You are the victims here, and don't let the insurance company compound it.

We both send out best thoughts and prayers.
 
Casey":2o28vyzh said:
In settling on your vehicle (whether with your insurance or the other guy's insurance) don't forget that when you replace your vehicle you will likely have to pay sales tax, and some other sales related costs.

Good point. Fortunately, the number I was offered was broken into two parts - actual cash value (ACV) plus sales tax at my local rate.

My disagreement with them, and the documents I provided to hopefully bring the amount up a tad, were only based on the ACV portion. I did let them know I expected sales tax on top of that number, as I'd pay it in CA regardless of dealer or private party purchase.
 
thataway":2k26eb9q said:
Second; Please remember that the type of injury which you both received may not show the full extent of damage for some long period of time--perhaps even years.

Thanks for detailing all the possibilities, Dr. Bob.

thataway":2k26eb9q said:
I would ask that the other insurance company provide an equal MacBook (new) with all of the software, and pay for the hard drive on the old Mac Book to be copied and made available to your wife.

Agreed. Given that it was only a month old, full new retail price will be expected, plus my time to do the transfer and wiping of the old computer - assuming they want it back.
 
Two years ago I was driving my 3 year old pick up and towing my 3 year old boat to fish for steelhead. It was in november and foggy. I went over a bridge and there was a car in front of me flipped over. I put on my brakes and my pick up spun out, rolled over and the boat landed on the pickup. Short story, I would never go through an accident like that again(or like yours) without having an attorney to deal with all those issues.
 
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