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OT: Insurance Settlement-Hit by car.

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Posted by: twoofeach---------------------

Some Jack crossed the center divide on the highway right in front of me. I slammed into him at 65 mph and totalled out my wife's SUV. My neck was sore for a few days and my wrist has been hurting me ever since. I feel lucky to be alive but am really bummed that I can't do the things that I love to do. I have been going to the doctor every week. X-rays negative. I'm pretty sure I have a sprained wrist at best but it might be worse. I can't even use a can opener. My Suzuki 450 has never been so lonely. At this point, I haven't retained legal counsel because I wasn't sure which direction my wrist was going. My question: Has anyone been in a similar situation?

Thanks in advance for your responses.


Posted by: Kawidude---------------------

I've never been tagged that badly, but I hope you heal up quickly. It sounds like a pretty severe accident so it wouldn't seem out of line to at least speak with a lawyer. It might be easier than trying to get money out of someone on your own. Your insurance company might have lawyers they can sick on them.


Posted by: oldguy---------------------

your company has it's own lawyers but their concern is making sure the ins company gets it's costs coverred . They really are not there to get you compensated. You need to retain your own if you plan to proceed with any action.
I am surprised the other driver's ins company has not contacted you by now with some type of lowball offer to release them- this almost makes me think he may not have had ins or it is a very minimal coverage at best. I would be doing some digging to be sure he really was coverred


Posted by: robwbright---------------------

I wouldn't necessarily trust the x-rays - or the doc. My first set was negative, my second set (4-5 weeks post accident) appeared negative, but then the ortho finally found a break of the scaphoid/navicular.

After having it casted for 6 weeks, the ortho took more x-rays and proclaimed me healed and ready to ride. It wasn't and now I'm 5 months post accident and still not healed. I don't know if the ortho is just plain incompetent or if the three x-rays all didn't show the lack of healing, but I'll still be at least another month or two at this rate. . .

1: Where is your wrist hurting, specifically? I'd hope that it's not right behind the thumb where the hand and arm meet. . . referred to as the "snuff box".

You might try a TENS unit. They promote bone growth and also help muscles and ligaments heal. You can find the one I got for $26 shipped here:

http://www.tensproducts.com/proddet...p?prod=TENS2800

If it's still messed up in a few days, it wouldn't hurt to have an MRI - just to make sure what's going on.

2: What insurance companies are involved - yours and theirs? The $$ amounts involved and the particular company will determine how easily (or not) your case will settle.

You're probably right not to pursue legal counsel yet - our office would want to know more about the extent of your injuries before even having you come in for an appointment. Based on what you've said, we'd probably want at least another doctor's visit or two. . .

The two states (WV, Ohio) I work in have two year statutes of limitations on personal injuries - and most states have at least a one year statute, so there's no real hurry to get anything filed in most cases.

In spite of people's dislike for lawyers, the studies show that the last thing the insurance wants is for attorneys to get involved. Even after subtracting the lawyer's fees, most people receive more in a settlement from the ins. co. with an attorney than they do without one.

It sucks, but as a general rule, Nationwide is only on your side until you have an accident, and you're definitely not in good hands with Allstate. In many cases they do pay minor claims fairly easily, but when the $$ get in the 10s of thousands, the purse gets zipped up.


Posted by: robwbright---------------------

Quote:
Originally Posted by oldguy
I am surprised the other driver's ins company has not contacted you by now with some type of lowball offer to release them


Seriously? Not around here. It's like pulling teeth to get any offer at all from most companies until you pry for 6 months. We usually don't get any offers until a complete settlement brochure with all related medical records attached has been submitted to them.


Posted by: twoofeach---------------------

The guy has Allstate and I was offered $2500 a few weeks ago for "just a sprained wrist".

My doctor wants to get a second set of X-rays this week. If nothing shows up, I want to get an MRI. I have had tons of sprains but they all seemed to improve over time. The progress of my wrist seems stagnant. I don't really care to be greedy, I just feel that I should 1) get my wrist back to 100% 2) be rightfully compensated for having to endure all the BS. It's not like the insurance company went out and found me a car. They don't give me a ride to the doctor, etc....besides, it will be months if not years before a see the first dime. Meanwhile, it's all on my dime.


Posted by: robwbright---------------------

Quote:
Originally Posted by twoofeach
The guy has Allstate and I was offered $2500 a few weeks ago for "just a sprained wrist".


On the Plaintiff's side we refer to them as "Allsnake". In one case against them with clear liability on the part of the 05 year old defendant, we showed $83,000 in meds (knee replacement and back injuries). Allsnake's best offer was $12,000. At trial we got a verdict of $233,000.00 for past, present and future damages, as well as pre-judgment interest of $60,000.00.

That was almost two years ago - still haven't seen a dime of it as it's tied up in appeals. Their best offer to make the judgment go away has been $150,000.00 - about 1/2 what they owe.

BTW, Allsnake's own attorney doesn't use him for any of his insurance coverage - and they only pay him a flat fee of $4000.00 to take the cases from start to finish (a bit more per day of trial and for appeals).



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