[davesimondotcom]

Background...

So it's been about six months since my wife's wreck. Two cars later, we're finally back to "normal" - not really, since she is still stiff all the time, but better than right after.

She ended up with a bruised spinal cord, some whiplash and some messed up stuff in her shoulder. Physical therapy at home helps, but she's still always sitting with a hot pad on her neck after a day of work.

It was like pulling teeth to get anywhere near the car's value out of the insurance company of the guy who ran into her. But we ended up with a new (used) car anyway, with some extra out-of-pocket expense.

The woman we were dealing with on the medical issues took maternity leave and just got back. She left a message for us basically asking if Amy was done with medical treatment, etc.

Obviously, the insurance company is going to try to settle as quickly and for as little as possible. We are allowed two years before having to settle, but we could really use the $ now.

Question is, what can we get from all this? They shorted us on the car $, but they have paid all the medical bills associated with the wreck. However, I'm curious if it's reasonable for us to ask them for more $ for future medical expenses assocated with the injuries and for "pain and suffering."

I'm not looking to make a living off insurance payouts. But I think Amy deserves a little something for being left with such a long-term nagging injury.

Any insurance experts out there have any advice?

[wdlove]

I'm very sorry to hear about your wife's accident. I wish her all the best. Chances are you need to get a good attorney on your side. Also calling them and complain.

[Spliffdaddy]

Send a PM to SimeytheLimey and reference this thread. He has a good understanding of how settlements are achieved.

[Blue Flame]

get a lawyer - it's worth it

[davesimondotcom]

Originally Posted by Spliffdaddy

Send a PM to SimeytheLimey and reference this thread. He has a good understanding of how settlements are achieved.

If Simey, being a real life lawyer who gets paid for advising wants to give me advice, I'll wait for him to send me a PM...

I figure he's busy, he doesn't seem to post on here much anymore. Or maybe he's just smarter than all of us...

But thanks for the thought.

[milhous]

if you bought your auto insurance policy with a limited tort option, then the damages awarded to you will be capped. if you have the full tort provision, then there will be no limit to the damages you can receive.

sorry to hear about your wife, hope she gets better. car accidents are a pain the ass, especially having to deal with all the medical and emotional burden.

[davesimondotcom]

Originally Posted by milhous

if you bought your auto insurance policy with a limited tort option, then the damages awarded to you will be capped. if you have the full tort provision, then there will be no limit to the damages you can receive.

sorry to hear about your wife, hope she gets better. car accidents are a pain the ass, especially having to deal with all the medical and emotional burden.

The wreck wasn't her fault and the "other guy's" insurance company is responsible...

Not sure what that changes...

[Gankdawg]

Originally Posted by Blue Flame

get a lawyer - it's worth it

Maybe, maybe not. The lawyer's going to get a big chunk of the settlement and chances are, with no visible injury at this point (like a missing limb or permanent injury), the settlement may not be huge. IMHO, of course.......

[Big Mac]

I know all too well from personal experience that lawyers can be huge pains, so I understand dave's reticence to get one involved. Nevertheless, it may be worth it to have a consultation just to see the options available. If a lawyer can be brought in for a limited number of hours in order to negotiate a higher settlement, it will be worth it.

[davesimondotcom]

Originally Posted by Gankdawg

Maybe, maybe not. The lawyer's going to get a big chunk of the settlement and chances are, with no visible injury at this point (like a missing limb or permanent injury), the settlement may not be huge. IMHO, of course.......

I don't care if it's a HUGE settlement. Just enough to pay for any future medical bills she might incur and to give her a little compensation for the pain/stiffness/suffering she's gone through. At no fault of her own other than driving down the street.

[Corpse of Chewbacca]

Just know- whetever the other guy's insurance company doesn't cover (like deductable or whatever) you can go after him for. Small Claims Court helps in this area. However, none of this beats talking to a good lawyer.

[israces]

There is some really scary advice floating around in here. Well-intentioned, but still scary nonetheless. If you are at all serious about this, then go talk to a lawyer, or as many different lawyers as you want until you get one who will do what you want done for what you want to pay.

Good luck.