My wife and daughter were in a wreck a month ago

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Latest post Tue, Apr 11 2017 4:01 AM by adamchrly. 29 replies.
  • Tue, Mar 7 2017 9:46 AM

    • Flousc
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    My wife and daughter were in a wreck a month ago

    So here goes....

    My wife and daughter were driving through a green light going one way when a work truck(local tree cutting/lawn care business) pulling a trailor with a tractor on it turned left coming from the other direction. They got ticketed for failing to yield the right of way. After 3 weeks the company's insurance company finally accepted liability. Anyway, we have a 2012 Jeep Cherokee that we had just bought in November. Had literally made 1 payment on this car. Well the estimated repair bill is $7000. The car will be ready on Friday. My wife and daughter luckily were not hurt too bad. My wife has terrible back pain and little ankle pain. She took most of the impact as they hit her side of the car dead on. They are both seeing a chiropractor with no end in sight, especially for my wife. Her back hurts her everyday, and her job she stands all day, bending over, working on machines, etc....It has affected her job but we can't afford for her to miss any time. Anyway, they came back with a settlement offer of $750 per person. Absolute joke. Especially considering she is still receiving treatment and an end is nowhere in sight. On top of this, we are going to go after diminished value. Our car was worth $15,000 when we bought it in November. Had never been wrecked, etc..We have made 1 payment. So clearly even after repairs no way that car will be worth what we owe on it and I want to be compensated for that and ofc they are saying no way. Car is not expensive enough, blah blah blah. So we are taking the car when we get it back to where we bought it. They said they would appraise the vehicle post wreck and tell us the differencein value then and now. We got the KBB value which is about what we paid, $14000 with 78,000 miles. We are thinking about getting a lawyer but wondering if it is worth our time. We feel with her issues, it affects her job, and her everyday well being, we deserve way more than the pathetic $750 they offered. I don't even think that would cover the medical costs up to this point. Not to mention the $350 for the rental out of our pocket because our insurance quit paying it after 30 days so we are having to pay it now until we are reimbursed. Here is what we are going after, does all this seem reasonable? 

    They have 1 guy handling the stuff below that we are going to ask for....

    Obviously the repairs on the car(Our insurance paid it and they are sending the bill to the company's insurance)

    1 car payment(for the month we did not have the car)

    Her glasses that broke in the wreck

    $341 for the week of rental we paid out of pocket

    Then another guy that is dealing with the BI/Pain and Sufferring(He is the one that offered us $750 per person)

    Medical bills/Chiropractic visits up to this point

    What do we do about future visits? We have no way of knowing when it will end or if ever. Shoudln't she be compensated for this and how much? What is a good number to go on? Do we have to wait unitl she is no longer going to treatments to settle? 

    We have been told by one lawyer that National General is the worst of the worst btw. They are the company's insurance company. And their guys are complete jerks as well. 

    P.S. At the scene when the cop arrived my wife told the cop who the driver was, then they came over and said that she was wrong and the passenger was driving. Well my wife let it go becasue it was our word against theirs and they didnt speak English so.....We just thought that was interesting, especially since the owner of the company and their supervisor showed up on the scene talking to them for 2 hours prior to cops arriving. My wife was sure they switched who was driving but after 2 hours waiting she couldn't confirm it. There was a witness who she got name and number from but I doubt she remembers at this point. 

    Thanks for any feedback! Feel free to ask any questions.

     

     

     

     

     

     

     

     

  • Tue, Mar 7 2017 10:25 AM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Flousc:
    My wife and daughter were driving through a green light going one way when a work truck(local tree cutting/lawn care business) pulling a trailor with a tractor on it turned left coming from the other direction. They got ticketed for failing to yield the right of way.

    "THEY got ticketed"?  You mean your wife and daughter?  Or are you talking about the driver of the other vehicle?

     

    Flousc:
    we are going to go after diminished value. Our car was worth $15,000 when we bought it in November. Had never been wrecked, etc..We have made 1 payment. So clearly even after repairs no way that car will be worth what we owe on it and I want to be compensated for that and ofc they are saying no way.

    This is obviously nothing but speculation.  Also keep in mind that the car probably wasn't worth what you owed on it even before the accident.

     

    Flousc:

    Here is what we are going after, does all this seem reasonable? 

    . . .

    1 car payment(for the month we did not have the car)

    Not reasonable.  You're not entitled to recover for payments, but you are entitled to the reasonable cost of a rental car while the damaged car wasn't available.

     

    Flousc:
    Her glasses that broke in the wreck

    Yes.

     

    Flousc:
    What do we do about future visits? We have no way of knowing when it will end or if ever. Shoudln't she be compensated for this and how much? What is a good number to go on? Do we have to wait unitl she is no longer going to treatments to settle?

    Doesn't sound like she's ready to settle and that she should wait until she is fully or almost fully recovered.

  • Tue, Mar 7 2017 11:08 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    The other driver got ticketed. They were 100% at fault according to the cop and then their insurance took 100% liability. 

     

    So we were without use of our vehicle for 6 weeks and they aren't obligated to make that month's car payment for loss of use? Sorry but that doesn't seem legit. 

     

    As for the cost of the vehicle, I know it isn't worth as much the second it leaves the lot. That was not my point. My point was after 7,000 worth of damage, it is fair to say it is nowhere near worth what I still owe on it, and I plan to get an appraisal to prove so, and that is not speculation. 

     

    She isn't ready to settle, that was my question? How long does this go on? For a year? What if her back never gets better? We just never settle because it is "ongoing"? She has documented back issues now that she has not had before, they should pay for that. Back issues can last a lifetime. 

  • Tue, Mar 7 2017 2:08 PM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Flousc:
    The other driver got ticketed. They were 100% at fault. . . .

    Just FYI, "they" is a plural pronoun, not a general all-purpose pronoun.  When you're telling a story involving a number of people, this sort of thing can result in confusion.

     

    Flousc:
    So we were without use of our vehicle for 6 weeks and they aren't obligated to make that month's car payment for loss of use? Sorry but that doesn't seem legit.

    How it seems isn't relevant at all; that's the law.

     

    Flousc:
    As for the cost of the vehicle, I know it isn't worth as much the second it leaves the lot. That was not my point. My point was after 7,000 worth of damage, it is fair to say it is nowhere near worth what I still owe on it, and I plan to get an appraisal to prove so, and that is not speculation.

    But it is/will be speculation that you'll ever realize any actual loss as a result.  This is inherent in any "diminution" claim, but some states do allow recovery for diminished value, so there's no harm in asking.

     

    Flousc:
    She isn't ready to settle, that was my question? How long does this go on? For a year? What if her back never gets better? We just never settle because it is "ongoing"?

    No, she shouldn't "never settle because it is 'ongoing'" because there is a statute of limitations that will expire at some point (I believe it's 3 years in SC).  When will it be appropriate for her to settle?  There is no way for folks on an internet message board to know, but a rule of thumb is when her doctor tells her that she has achieved maximum recovery.  It certainly wouldn't be a bad idea at least to consult with a local personal injury lawyer.

  • Tue, Mar 7 2017 2:16 PM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    Thanks for your help. We have consulted with a local attorney. He says he thinks we have a good case but I also know he might just want money. I don't want to pursue it if it isn't worth it knowing the lawyer will get around 40%. We don't want what we aren't entitled to. We just want what is fair. And the sketchyness of this whole ordeal with that tree company of the driver and their insurance company has ***angry us off to no end. 

  • Tue, Mar 7 2017 4:55 PM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Flousc:
    I don't want to pursue it if it isn't worth it knowing the lawyer will get around 40%.

    That's a very legitimate concern, and a good PI attorney will go through the numbers with you and give you an honest assessment about whether his/her involvement will net you sufficiently more money so as to justify the contingent fee.  By the way, a 1/3 contingent fee is far more common than 40%.  In fact, 25% is fairly common if the case settles without a lawsuit being filed, and 40% is fairly typical if the case never settles and has to go to trial, so you should discuss this as well.

  • Wed, Mar 8 2017 6:53 AM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Get an attorney. Of course their insurance is going to play games and try to pay you as little as possible. The fact there was a child in the car if she is under 18, injured, likely does add value to your claim. I would call that adjuster and also tell them you expect them to pay for any rental after 30 days.

    My car has been hit twice..luckily no injuries. The second time the insurance company was Hartford. They tried to downsize my car fopr the rental. I upgraded, then called the adjuster for the difference and she paid it to me.

    I should have gone after dimished value esp with the fact I have a Lexus. It sucks but I didnt do it.

    You also should ask for dimished value. You may have to get an appraiser to help you with this.

  • Wed, Mar 8 2017 7:54 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    We don't have a Lexus. It is a 2012 jeep cherokee. It is expensive to us and we are getting the car back Friday hopefully. I have an appt with the dealer that sold it to us to appraise it Saturday. And we are paying for the rental from 3/3 - 3/10. Assuming we get the car back Friday and we do plan on going after their insurance for that $ that is coming out of our pocket. 

    As for our daughter, she is 10, was 9 at the time of accident. Anyway, she isn't as bad off as my wife but she does see a chiropractor twice a week like my wife. She complains of neck pain occasionally but she is a kid, she powers through it and rarely mentions it but she still does and that is concerning and that will be brought up to them again. My wife is the one in a ton of pain(They hit directly on the driver side door when trying to turn left through the light and that is where the $7000 worth of damage was). Like I mentioned, she works with embroidery so she is on her feet all day, bending over, etc.....Never sits. She moves in all kinds of different motions hooping, looping, etc..Things they do. Hard to explain but if you know what embroidery is then you know what I am talking about. It hurts constantly, even when she is home sitting on the couch. It feels better after her chiropractor appt which are twice a week. But they go back to hurting the next day. We don't see her pain going anywhere anytime soon. 

    And we called the other companies adjuster to tell him we weren't accepting $750 per person. He pretty much cut my wife off when she tried to tell him anything and said he would call back in a month to see if she was better. Total jerk. He will not let my wife hardly speak or talk. Basically leaving us no choice but to get an attorney. I think he is making it clear he isn't budging. And we arent going to say she is fine when she isn't just to get $. 

     

     

  • Wed, Mar 8 2017 7:54 AM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Flousc:

    Then another guy that is dealing with the BI/Pain and Sufferring(He is the one that offered us $750 per person)

    Medical bills/Chiropractic visits up to this point

    The reason you got seriously low balled is because both your wife and daughter are using a chiropractor for their care.  It is widely known that the industry is based on fraud, over treating and definitely over billing.

    Flousc:
    What do we do about future visits? We have no way of knowing when it will end or if ever. Shoudln't she be compensated for this and how much? What is a good number to go on? Do we have to wait unitl she is no longer going to treatments to settle? 

    You wait until they are at what is known as MMI:  Maximum Medical Improvement.  Once no further healing can be attained THEN you calculate what the costs were and can factor what realistic compensation is for pain and suffering.

    Start by getting a medical opinion on the injuries from your family physician if you have not already done so.  If he/she feels further treatment is needed go to a physical therapist not the chiropractor who has a vested interest in prolonging that "treatment" to pad that billing.  The problem you are facing is if the chiro bills for 8 months of their "treatment" (and I use that term loosely) the auto insurance will see at least half as unnecessary and what ever they don't pay for the chiro will come after you for.  The reason is that the financial guarantee you signed states if the auto claim or your personal health insurance doesn't pay YOU will.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Mar 8 2017 8:17 AM In reply to

    Re: My wife and daughter were in a wreck a month ago

    Flousc:
    So we were without use of our vehicle for 6 weeks and they aren't obligated to make that month's car payment for loss of use? Sorry but that doesn't seem legit. 

    Whether you can use the car or not you still have to make the payments.  The "loss of use" compensation is the reimbursement for the rental car.

    Flousc:
    She isn't ready to settle, that was my question? How long does this go on? For a year? What if her back never gets better? We just never settle because it is "ongoing"? She has documented back issues now that she has not had before, they should pay for that. Back issues can last a lifetime. 

    Get a qualified opinion from an actual MD that she has actual back problems and not from a quack and then you have leverage for a larger settlement.  As for waiting:  there is a statute of limitations to bring a suit.  Once that expires it doesn't matter what you want the insurance company will know you cannot sue them so they can ignore any demand you send after that point.  ANYTHING you do whether it is settle or sue needs to keep that time frame in mind.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Mar 8 2017 8:17 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    My wife and daugher were referred to the chiropractor and massage therapist by their doctor. They both had alignment issues that were seen in xrays. The doctor prescribed them 12 sessions with the chiropractor and will see them both back to determine treatment if needed after those 12 weeks. They are in week 3 or 4 now I think. 

  • Wed, Mar 8 2017 8:19 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    They did see a doctor. He sent them to the chiropractor. They didn't go on their own. 

  • Wed, Mar 8 2017 9:05 AM In reply to

    Disagree [)*(] Re: My wife and daughter were in a wreck a month ago

    ClydesMom:
    The reason you got seriously low balled is because both your wife and daughter are using a chiropractor for their care.  It is widely known that the industry is based on fraud, over treating and definitely over billing.

    What a load of nonsense.  Are there chiropractors who do these things?  Sure, just as there are MDs who do these things.  Is the chiropractic "industry . . . based on" these things?  Of course not, and the very notion is silly.

  • Wed, Mar 8 2017 9:51 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    Exactly. It's not like he is forcing my wife to go. She goes because it hurts and brings her relief. 

  • Wed, Mar 8 2017 11:22 AM In reply to

    • Flousc
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    Re: My wife and daughter were in a wreck a month ago

    Just got a call from the paint and body place fixing our car. They found panel damage, had to order a new part. Gonna be at least another week and another $1600. So we paid around $15000 for this car in November with 73000 miles. When it got wrecked it had 78000 miles and not a thing wrong with it. So far there is close to $9000 in damage. They said that is if nothing else pops up. Noone can tell me they don't owe us diminished value. FYI they had already done most of the repairs when they noticed this last issue so it is too late to be a total loss. 

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