Car Wrecks, Insurance Companies, and What is Fair?

[KurtCobain94]

Alright, so I need advice as to what is fair.

In early August I was heading down the highway and my cruise control was set at the speed limit, 70 mph. A teenage was speeding and was not paying attention (I will assume messing with radio or was texting) and rear ended me going approximately 80 mph.

My truck was hit pretty good and needed a new tailgate, bumper, rear lights, side cab panel, etc. Damage all said and done was $3,900. I went and saw the doctor and had x-rays done and was diagnosed with a pinch nerve in my neck and a vertebrae in my lower spine was slightly shifted.

I've been doing treatments and therapies about two to three times a week and am pretty close to pre-accident status. In the mean time, I dealt with random headaches, my left arm would go numb off and on, I could not sit for an extended period of time. I am a football coach and could not be active, demonstrate, lift, or do things generally expected from a coach. I had to stand on the side and just kind of yell - which I hated.

Additionally, my wife felt the burden because she primarily became responsible for both kids during this time period. I couldn't lift or take care of them really.

The insurance company is paying for the rental car, (it took 11 days to get my truck back), my medical bills (currently around $900), my day of work I missed, and they are offering $500 in pain and suffering.


Here is my question. What is fair?

I've got no desire to cheat the system or try and pay off my mortgage. I am not looking to exploit the system, however; I am looking to make sure I am not being exploited either. I told them the points above and that I was expecting something higher, just not sure what. They have not got back to me since I sent my last exchange.

So I am looking to get some feedback and opinion. What is fair and what should I be expecting in my settlement?

 

[Master_Craig]

Sorry to hear about your accident. That's horrible news. At the very least it's good to hear you're okay, despite those health issues, but it's good to hear those are all getting sorted soon.

I have a similar experience, you can skip it if you'd like to get to my response regarding your question.

Two years ago I had a car accident too. I was giving way to oncoming traffic, so I was stationary, and this dick head in a massive four wheel drive ute (pick up truck) smashed into the back of me. I was driving a Holden Commodore at the time, so it didn't stand a chance. The back of my car got smashed. Meanwhile, the idiot's car was fine, because he had a big arse bull bar on the front of it.

So his insurance had to pay out my insurance. However, their insurance only deemed my car worth $2,250.00 and the damage was higher, so my car was considered a write off and while I got my money, I lost my car. It was so unfair, I was doing the right thing and I lost my car and had to buy a new one, while that wanker who did the right thing got off with just paying insurance.

I had the option to pursue the man in court, but police advised me against it. They said the process would be lengthy, would be costly and in the end there was a possibility I could lose. I was really pissed off. It was just unfair.

For your situation, I think it's good that the insurance company is paying for your rental car, car repairs, medical bills, your missed day of work and offering some compensation for your pain and suffering. It does suck that you haven't been able to do the things you normally do (football coaching and stuff) and that your wife has been having to do more work because of your injury.

Personally, I don't think $500 is enough for pain and suffering. That's like what, a couple of days work? Maybe a weeks worth?

I don't know how you could go about getting more, but I believe further compensation is in order. I'm a sports coach myself (judo) and I know what it's like to be injured but try and coach - it's really shit. I also know what it's like to be injured and have others have to do more work on your behalf and such, it's a shitty feeling.

I don't know how you could go about doing it and I'm not sure how much money you should get but in all honesty, I believe $500 is not enough for what you had to go through.

Good luck with it. Hope you feel better soon. Let us know how you go with the outcome.

 

[madster111]

From the insurance companies stand point, they won't want to give you any more money.
A 10mph rear ending accident will result in your injuries in so few cases they can't do anything but assume you're trying to cheat the system. Only thing i can advise would be to go to multiple doctors and get the results confirmed, then send that to the insurance company with the offer of going to a doctor of their choice if needed.
Once they know you're not trying to scheme into a pay day, they won't give a shit and just pay up because at the end of the day they'll just get the money back off the other drivers insurance or sue the driver for it.

Guess this goes to show how bullshit accidents are. So far i've been in a 50mph spin into a wall and got rear ended at around 20-30mph and had zero injuries, meanwhile you get a bump and get your back fucked up and my mate hits someone reversing at under 20mph and his foot gets caught in between the pedals and his ankle snaps like a twig.

Best of luck with the recovery man, best advice i can give is to never let yourself rely on pain patches/pills/whatever because that shit just isn't worth the trouble.

 

[Sourdeez]

Contact your lawyer. That is the best advice you are going to get.

 

[Green_Lantern]

Contact your lawyer. That is the best advice you are going to get.

Why? His damages aren't really high enough for any lawyer to take it seriously.


That said, as someone in the general career area...give them a number. Not everybody realizes that insurance payouts is a back and forth negotiation, especially as something as subjective as P&S. So give them a number you think is fair and they'll more than likely get close to meeting in the middle.

 

[UghRochester]

Contact your lawyer. That is the best advice you are going to get.

Why? His damages aren't really high enough for any lawyer to take it seriously.

I see he received a rental car. Who's paying to repair the truck?

 

[Green_Lantern]

If they're paying for the rental then I can almost guarantee they're paying the the repairs as well...

 

[KurtCobain94]

Yea, they are paying the $3,900 in car repairs and for my rental car, they are covering my medical bills, and this afternoon they raised their offer from $500 for pain and suffering to $750.

It is funny how accidents work. I've been in a few in my life and this has had the most lingering effects, despite a couple of the accidents being way worse.


I agree that a lawyer wouldn't be interested as the payout would be minimal for him. I could be wrong, but I have no desire to get involved in that process or to draw this thing out.

 

[KurtCobain94]

Good luck with it. Hope you feel better soon. Let us know how you go with the outcome.

Update time.

I am pretty much fully recovered. I have an appointment next week in which I expect to be fully cleared.

I denied the $500 and they came back with $750. I told them to make it an even $1,000 and I'll agree.

Final Settlement is all medical bills (about $1,300), time off from work ($210), car repairs ($3,900), rental car for 9 days (??? What is that? Like $350) and pain and suffering ($1000).

I think I was came out with something fair. But I could be wrong.