Question about car insurance "settlement" - story here

[Hawkeye-X]

I believe I told the story here a few weeks ago, and got castigated on the fact that I thought that the woman should have not been driving due to age (she is 78 at the time of the accident) - then DU'ers reminded me that my own grandfather was still driving up until he was about 90 years old and I felt like an hypocrite, and I accepted that, and kind of dropped the story.

Now something just came up, and I wanted your opinion about settling with the insurance company.

Let me rehash the story:

My wife was on the left side of the turn towards the I-25 entrance ramp. This traffic light has a pattern on when they usually let the turnings through, goes like this: First cycle - all green, no turns allowed - 2nd cycle, the eastbound traffic light goes red, third cycle, turnoff arrows comes on. My wife was actually on the 2nd left lane, and it was clear (as confirmed by two witnesses) that the eastbound traffic light was red, and the turnoff lights were on, so my wife was legally allowed to go. However, the woman in a Cadillac sedan ran through the red light and smashed to my wife. Side airbags were deployed on our car, both passenger front and back side doors heavily damaged. The Cadillac is a total loss (completely damaged the front hood and destroyed the engine, leaking fluids all over the road). Both drivers were checked on scene, my wife reporting no injuries, but a day later, she sustained a painful muscle sprain on the left side of her neck, which she had to take OTC inflammatory agents (Motrin) until she could see her doctor - confirmed a muscle sprain and has documented it. The agencies interviewed everybody, and one thing that stood out to me was that the woman did not see the traffic lights at all. That was a key admission to the accident.

Fast forward two weeks later

My mother just got a call from the other driver's insurance agency and confirmed 100% liability on her part based on the accident report. They have offered to pay for the rental while our car is undergoing repairs which is estimated to be ready in two weeks. Because of the injury, there was an medical settlement offer, at a $600 to take it. My question to you - should I take this offer or do you think it's too low and go for more? What do you think I should do? This is our first time we are settling this (my wife has no more pain after three weeks of treatment with Motrin). We are asking a friend who is a former insurance agent and another friend who is a retired magistrate for their advice.

But, I'd like your feedback as well.

Hawkeye-X

[sinkingfeeling]

1. Did your wife ever see a doctor? If not, then don't take the settlement. If yes, then

I'd take it if the $600 more than covers your doctor bills.

[Hawkeye-X]

2. Yes, she did. I believe I mentioned that

She did see the doctor a week ago today and confirmed the muscle sprain.

[NoNothing]

3. I guess it depends on what you are trying to accomplish

Are you trying to get fair compensation for your damages? Then if $600 covers your medical expenses and your wife is fully recovered, case closed.

Or are you trying to milk as much cash as you can out of the insurance company to personally enrich yourself? If so, have your wife lie and say she has permanent pain, get a shady doctor to confirm it, and claim a permanent disability, preferably, one that prevents her from working. Remember, the more pain and disability you lie about having, the better your cash reward.

DISCLAIMER: The above is not legal advice and not a recommendation to commit fraud, perjury, or commit any other illegal or potentially tortious act.

[Missy Vixen]

7. Do you work for an insurance company?

>Remember, the more pain and disability you lie about having, the better your cash reward.<

Perhaps you'd like to see the x-rays from the torn ligaments in my neck after an accident in 1993, or the exhaustive documentation of lower back injuries. The person who hit our car had already had two accidents that YEAR which left others injured, and was covered by the highest-risk insurance company in our state. I have pain as a result of that accident every day of my life.

Not everyone who receives an insurance settlement due to injury is "lying" or "milking it". Then again, I'm sure anyone who works for any insurance company that actually has to pay for the damage their insureds causes thinks so.

[NoNothing]

8. No, but more importantly,

I wasn't talking about you, I was talking about the OP. I never implied that "everyone" who complains of a debilitating injury is lying about it, only that the OP would be lying about it, since he indicated that there was, in fact, no such injury. I'm quite certain you were totally honest and ethical about your actual injuries, and my comment was made giving the OP the *same* assumption.

[napi21]

4. I'd take the settlement. My son was broadsided by a

daydreaming YOUNG LADY 3+ years ago. The accident totaled both cars and the YL's ins. co. accepted responsibility in that case as well. My son's hand was injured. When he went to the Dr. and they took xrays they found he had 2 broken bones in his hand. That ins co made an offer to settle that was actually LOWER than the total of the medical bills and a ridiculously low payment for his totaled car. He opted to sue the ins. co and his lawyer told him the only reason he would be able to sue & likely win was the PROOF of injury (via xray of broken bones). They finally reached an agreement 2 months ago and although the amt. did cover the med bills, and a whopping $3,000 for his car which, before the accident he could easily have sold for $4,000+.

It's just not worth dragging it out even if you win.

[Hassin Bin Sober]

5. $600 seems a little low but I assume they are basing it on your reported "actual" damages of ..

... a trip to the doctor and over the counter pain meds. Seems about right, no?

Now, if you think you should get more in case of further expenses you can do one of two things:

1.) consult an attorney and have them sue for several thousand dollars. Be prepared to get sent to the attorney's recommended doctors and physical therapists. That will probably get 20 plus grand minus a cut for the attorney when they settle.

2.) or tell the insurance company you are thinking of getting an attorney and watch the settlement jump to 3 or $4,000 dollars.


I'm, by no means, an expert or an attorney. I've just had a little experience with this. Of course your situation will vary. Who knows, you could find a real ambulance chaser who could get you fitted for a neck-brace and send you to one of his shady docs to "tell you" where it hurts. Maybe they could sue for 100k.

My neighbor was lightly rear ended with no real injuries except a "sore neck" that netted him 3k after the initial 2k offer. No attorney. No damage to his car.

My partner was driving his car through an intersection and was hit broadside by some asshole on a bicycle who blew a stop sign. The bicyclist apologized profusely and swore up and down he was ok - until the next morning he called and said his family wanted him "to get checked out" ... In other words, someone informed him there was a bag of money floating around. Our insurance company settled for $3,000 and they did it immediately.

A friend of mine was hit on her bicycle by a car. She went to the hospital for a bruised face and arm (xrays etc). An ambulance chaser attorney apparently got her name from the hospital or the police report. The attorney told her those type of accidents are worth about $25k. If she was willing to go to his doctor.

[Missy Vixen]

6. Do not take any settlement without another consultation with a doctor

We were rear-ended by a driver almost seventeen years ago. I had significant lower back injuries, and torn ligaments in my neck. We hired a lawyer after the driver's insurance company's claims adjuster showed up at our apartment three days after the wreck, dropping sheets of paper on our living room carpet to see if I'd bend over to pick them up.

I was in physical therapy for over a year. I still have residual pain. And, no, I did not appreciate the person who posted above that those who demand a settlement are doing so to get rich. The doctor I saw was the top rehab specialist on the West Coast. I also went to the same physical therapists who work with the Seattle Mariners. I have permanent issues because of the accident. The money we received was for future medical care.

Your wife may not have pain now, but that does not mean there is no continuing injury. If the doc signs off on it, go for it, but wow, I'd make sure. Insurance companies are not in the business to make sure you are well. They are in the business of spending as little money as possible to settle any claim.

[Altoid_Cyclist]

9. Speaking from experience, I would give it some more time.

Missy Vixen makes some very salient points.

I was hit while riding my bicycle 12 years ago on May 18, 1998. The driver was at fault for running a stop sign because the sun was in his eyes.

At the ER, I let the Quack...errr Doctor know that my left shoulder seemed to be dislocated and that my throat and neck felt like a sharp stick was being jammed into the area. I didn't realize at the time that I also had a concussion and possibly a broken rib or two. They said that they thought that I was probably just seeking drugs and wouldn't examine the areas that I was complaining about other than a regular X-Ray of the neck. The accident was witnessed by numerous people including a long term state representative, but they still thought that I was only seeking drugs.

I've always been the epitome of the Milquetoast, don't cause a scene type of person so I let them send me home even though I knew that I was banged up and should be looked at in more detail. The fact that my legs didn't work very well and the neck and throat pain should have made me a lot more aggressive in my search for proper care. However, I played the strong silent type and tried to pick up my life after a few weeks of healing. I did see another Quack (Orthopaedic Surgeon) who said that his own PA and I were both wrong about my shoulder being dislocated.

Flash forward a few months and I started to notice a lot of little things that were wrong with me from head to toe that weren't there before the accident. My vision was screwed up in a lot of ways, I was having swallowing problems, mind numbing pain in the head and neck as well as strange things in the rest of the body as well.

My family Dr. finally sent me to have an MRI of the brain and neck 6 months after the accident. Too late as it turned out.

What 15 to 20 Specialists, Therapists, PA's and Neuro Surgeons finally figured out over the years was that at the time of the accident, I did in fact have swelling around the spinal cord. Since it wasn't treated in time, it continued to swell until it also caused permanent damage to the Cerebellum and the Brain Stem as well as causing my spinal cord to be compressed right to the edge of paralysis or death.

The good news is that I can still function fairly well considering everything. The bad news is that it interferes with every single thing that I do 24/7. I've also been warned that the slightest little bump or even a sneeze has the potential to cause "catastrophic events".

Not all neck injuries are as they first appear. They can be a lot worse or a lot better than the initial tests reveal.

That's why I would give it all the time that you can and not let anyone pressure you into signing away your rights like I did. Besides his insurance paying for a new bicycle, lost time at work and the medical expenses, I got a whopping $1,500.00 for pain and suffering. I can't even begin to calculate how much the last 12 years have cost me, but I know that it's a lot more than $1,500.

[Bunny]

10. It's way too soon to consider settling.

Muscle pain in the neck area can become a lifelong problem. I have a bulging disc in my neck that acts up periodically and I'm pretty sure it's related to a car accident I had in 1992.

Even though your wife feels fine now, that could change and it may take time before it starts to manifest itself. It can't hurt to have a free consult with a personal injury attorney as there may be things you are not even considering now that could crop up later. Find out what the statute of limitations in your state is for filing a lawsuit and unless you really need the $600, just wait for six months or a year and see how things go with your wife's health.

[flvegan]

11. You. need. a. lawyer.

If there's any kind of injury, your mom should talk to a personal injury lawyer, and an experienced one. Not one of the jackwagons that has ads all over tv, either. I'll bet you can find 10 very good lawyers that will talk to you folks without charging a dime.

[Nay]

12. Yep, OP, you need a lawyer. $600 may be all that's needed to cover

your wife's injuries, but believe me, NO ONE knows that yet. Not the docs, not the ins co. She should be checked out several times and some weeks or months should pass before you settle.

Full disclosure: former insurance adjuster here.