Car wreck and insurance payout

[FlaMtnBkr]

My girlfriend got into a wreck a week and a half ago. A lady turned left in front of her and was in her lane and they collided.

The police report has not been released yet but there should be no way that it is my girlfriends fault since the other lady turned in front of her and came into her lane.

The insurance company called her and told her they were totaling out her car and that they were going to call today to set up sending her a check and her to send them the title. I do not know whos insurance company is issuing the check but it seems like it would be the other lady since it is most likely her fault.

This seems a little weird to me to be issuing a check before the police report has come out with who is at fault but maybe its just good service? Should she accept the check yet? I would not cash it yet but I dont know if accepting it is somehow giving up some options further down the road.

I am not a suing kind of person and I dont like lawsuits. However, she is getting a check that wont let her buy a car that was as nice as hers. She also got a broken foot in the accident and is not able to perform her normal work. So basically the lady has caused a lot of problems for the girlfriend that she doesnt need. I think she should be reinbursed for what she has had taken away. I think that is fair. I dont want her to get more than she deserves but I dont think she should have to lose for someone elses mistake.

Anyone have any ideas what steps to take in a situation like this? I guess she needs to contact a lawyer but I hate the thought of calling one of those ambulance chaser lawyers on all the TV commercials (no offense to any ambulance chaser lawyers reading this ). Any thoughts or past experiences would be greatly appreciated. Thanks!!!

Ryan

 

[Centaur]

I'm not a Lawyer, and I don't play one on TV either.

The first thing i would say is do not sign anything that resembles a medical release or waiver until her foot is healed, and there are no complications. Including any sort of therapy she may need.

 

[Matches]

My wife was rear ended at a stop sign some years back. Our car was totalled and the other driver was ticketed for following too close or something similar. The drivers insurance company called immediatly and issued a check for the value of our car.
Unfortunately, our car was leased. It took weeks for everything to get sorted out, but in the end, the leasing company tried to get us to pay a few thousand dollars extra because we "broke" the lease. Luckily, we hired an attorney and the leasing company got nothing.
I'd wait and let the banks and insurance companies figure it all out to their satisfaction. By the way, our premiums went up because of the no-fault insurance laws.

 

[DaveH]

ok, IMO, don't wait to get a lawyer, get one now.

You can except the insurance companies check for the car, but you can also negotiate for better price, I imagine they just look up the wholesale cost and that's it.

You should make sure her injury is documented by the doctor, keep track of lost wages, expenses, etc.

Oh and get a lawyer, have we mentioned that yet? Just in case we haven't get a lawyer.

BTW, if you do hire a lawyer it's likely all conatct between you and the insurance companies and etc. will occur through the lawyer. So make sure you can stop by and get info, they call you, etc.

 

[JatMat]

Get a lawyer, years ago, a driver for our company was rear ended by a "Trucking Company I will not name" while we were stopped for a traffic light. The skid marks left by the 18 wheeler measured out 145 feet, before hitting our small truck. That afternoon, a lawyer, representing the un named trucking company was on the porch of our driver trying to get a release from liability. The driver refused to sign, (good for him), I had to sue, two years after the wreck, we finally collected from the self-insured trucking company. Big Companies don't have to pay for insurance, they can do a self insure if they are rich enough. They got our case put off for two years despite the police report. During my desposition, before it went on record, the opposing counsel made the comment, is this all you are asking for? Actual repair cost and rental expense paid by us. He said, "Oh well, someone has to pay for my kids college education" They settled that day, but had dragged it out for two years.

Don't sign anything, a lot of checks come with endorsement releases on the back of the check. Did anyone say? Get a lawyer!

 

[Ralph Merlino]

This has happened t me twice. I have learned two things from those
accidents. See a doctor and get a lawyer.

 

[d_clark]

The insurance company called her and told her they were totaling out her car and that they were going to call today to set up sending her a check and her to send them the title. I do not know whos insurance company is issuing the check but it seems like it would be the other lady since it is most likely her fault.

Did you or your girlfriend call the insurance company to report the accident ? If so, did you call your insurance or the other drivers ?

This seems a little weird to me to be issuing a check before the police report has come out with who is at fault but maybe its just good service? Should she accept the check yet? I would not cash it yet but I dont know if accepting it is somehow giving up some options further down the road.

Not at all that unusual to issue payment before a police report comes through. The insurance company can call the other driver/witness to get a statement. After taking statements, they then can try to determine liability, issue any payments.

If it was the other drivers insurance, they could have accepted liability and are making an offer/payment.

If the payment was from your insurance co, they could have done a 50% liability (each driver's insurance covers their own insured), or they could just pay for your damage, then submit the bill to the other company through subrogation or if necessary arbitration.

I am not a suing kind of person and I dont like lawsuits. However, she is getting a check that wont let her buy a car that was as nice as hers. She also got a broken foot in the accident and is not able to perform her normal work. So basically the lady has caused a lot of problems for the girlfriend that she doesnt need. I think she should be reinbursed for what she has had taken away. I think that is fair. I dont want her to get more than she deserves but I dont think she should have to lose for someone elses mistake.

Back to who is making the payment, your insurance or the other drivers. If through your insurance company, to get any injury/medical payments would depend on what type of coverage you have. Same for the other driver.

Anyone have any ideas what steps to take in a situation like this? I guess she needs to contact a lawyer but I hate the thought of calling one of those ambulance chaser lawyers on all the TV commercials (no offense to any ambulance chaser lawyers reading this ). Any thoughts or past experiences would be greatly appreciated. Thanks!!!

Ryan

My suggestions : (not a lawyer)

1. Find out whose insurance company is offering payment.
2. Find out what coverage you have. (rental coverage, comp, liability, etc)
3. Find the value of the car for yourself. ( some insurance companies use NADA, some just look for comparable vehicles for sale within a certain mile radius, say 25-30)
4. If the payment offer was from the other company and you don't find it satisfactory, might be beneficial to contact your Insurance company, see what they say/offer.
5. a realistic offer should include : 1 fair value of vehicle (minus any liens), medical payments, rental car (if covered), and wages for lost work.

6. keep track of all emergency room visits, doc appointments, calls/offers from insurance, missed work (with appropriate doc note) etc.
7. if at any point you feel like you are getting the short end of the stick, get a lawyer.

just my 2 cents.

 

[Gollnick]

Make very certain exactly who the insurance company has declared to be "at fault." That person will see higher rates for years. That person will also pay the deductible and the other will not.

And the term "no fault" really means that the insurance company considers BOTH to be at fault and BOTH will pay their deductibles and see rate increases. And overworked insurance adjusters just love to declare "no fault" because it just ends the situation -- no more expensive, time-consuming investigation or anything, just close that file and get on to the next case. They'll say, "Good news, we didn't find you at-fault." That doesn't mean they didn't find you not-at-fault.

About six years ago now, I had a somewhat similar accident where it was just obvious that the other party was at fault. But, the other party lied. The physical evidence didn't support the lie, but the stupid adjusters tried to declare it a no-fault situation because it was word-on-word. I screamed very loudly and got my agent involved and threatened to complain to the state insurance commission and the company put a senior investigator on the case.

He took one look a the report and said, "There's photo redlight at that intersection, isn't there?"

"Yes, but nobody ran a red light."

"Doesn't matter. Wherever there's photo redlight, there are surveillance cameras because people like to vandalize the photo redlight cameras. The tapes from the surveillance cameras are a public record under Oregon's Open Records law."

A few hours later he called me back to say that he had decided the case in my favor, the other adjuster was being demoted, and the video and her sworn statements in contradiction to the video were being submitted to the Attorney General with recommendation that she be prosecuted for insurance fraud.

 

[mycroftt]

Add one more to the list that says "get a lawyer". Meantime, DO NOT sign anything - a waiver agaisnt future claims will prevent you from collecting damages in the future should the foot injury require treatment in the future.

Lost wages should be included in any settlement, as well as some amount for pain and suffering and the legal and medical costs. A friend of mine who is a shyster lawyer used to say "A third for you, a third for the doctor, and a third for me - Damn, I love this business!"

 

[FlaMtnBkr]

Thanks for the replies everyone.

We will start talking with a lawyer. Will also contact the insurance company and try to get all the information on the case we dont have and find out who is at fault.

We did find out that they released the police report and that they can not determine whos fault it was because they could not find witnesses to report what was happening with the light. Kind of makes me mad because the light is pretty simple. Its green in both directions and turns red at the same time. There is a turn lane but no turn signal just a generic red/green light. The accident obviously happened in my girlfriends lane so I dont see how he can't make a decision. Guess CSI only happens on TV .

I do know that her insurance company has pictures of the accident after it occured and they agreed it was not her fault from the placement of the cars and the information they have about the stop light.

What they are offering is close to what the blue book lists the car as but still less. However, we have gone to look at cars and she definitely can not get as nice of a car as what she had for what they are offering. Regardless of why that is, I dont think she should have to get a car that is not as nice because some database says it was only worth $X amount. Also, her main income revolves around horses. Training, riding, taking care of, selling etc. A lot of her work is not simple hourly or fixed wages. So its going to be very hard to prove what she is missing in lost wages because of the broken foot.

I will also make sure she is keeping track of everything and writing it down in a notebook. That and she doesn't sign anything.

Thanks again and I'm still open to more great advise as above!

Ryan

 

[Totally Judy]

What they are offering is close to what the blue book lists the car as but still less. However, we have gone to look at cars and she definitely can not get as nice of a car as what she had for what they are offering. Regardless of why that is, I dont think she should have to get a car that is not as nice because some database says it was only worth $X amount.

Years ago my vehicle was totaled in a rearend collision. Hit and run. I was stopped at a red light.

The insurance company wanted to give me low blue book for my vehicle. I don't think so. I started calling around to different dealers and got the selling price for my year, makes, accessories, etc. I called back the insurance guy and told him I would not accept less than what it would cost me to replace my vehicle.

I got the check for the appropriate amount.

Insurance companies always want you to settle on both vehicle and personal injury as fast as they can.

As far as injuries to your girlfriend and loss of wages, I'm pretty sure that if she can prove her basic/average income over a certain period of time, they will pay her for all time lost from work.

And she will probably get pressured to settle the case continually. It's in the insurance company's best interest to settle quickly. Sometimes they can get pretty nasty or pushy about it. She definitely should not settle until she is 100% healed. Or, if there is some permanent injury, that is an additional issue.

Of course, don't forget pain and suffering and inconvenience. I don't think that is taking advantage of the insurance. It was NOT your girlfriend's fault.

And don't forget to have your girlfriend keep track of mileage to doctor appointments, etc.

I believe that many times each party's insurance takes care of their own client's expenses. Then, when fault is determined, the party at fault's insurance is gone after by the other party's insurance for reimbursement.

Best of luck. It definitely sounds like you will need an attorney. I hope you find one who doesn't take too large of a percentage of the settlement $$.

TJ

 

[Shann]

Good advice to all. Keep in mind that if your girlfriend has a personal injury case, the lawyer may also do the property claim as part of it and it won't cost her out of pocket. Most PI claims are done on a percentage.

Best way to find a lawyer is word of mouth from friends who have used lawyers. Also, if you have a friend who is a lawyer, even if they don't do PI, will generally know the reputation of local PI lawyers.

You can also call your State Bar Association, most of them have referral services. You can also check "martindale hubbel" on the internet for information about attorneys, areas of practice and ratings. Keep in mind that mar-hub is a pretty expensive service and lots of very good lawyers don't advertise in it just because its expensive.

 

[T.K.C.]

ok, IMO, don't wait to get a lawyer, get one now.

You can except the insurance companies check for the car, but you can also negotiate for better price, I imagine they just look up the wholesale cost and that's it.

You should make sure her injury is documented by the doctor, keep track of lost wages, expenses, etc.

Oh and get a lawyer, have we mentioned that yet? Just in case we haven't get a lawyer.

BTW, if you do hire a lawyer it's likely all conatct between you and the insurance companies and etc. will occur through the lawyer. So make sure you can stop by and get info, they call you, etc.

I agree with Dave H. The only way that she will get paid for lost wages, and her medical bills covered, is to get an attorney. I am sorry that she got hurt.

 

[Bob W]

What they are offering is close to what the blue book lists the car as but still less.

I had a similar situation a few years ago. I was driving a car that was regionally popular, meaning the local selling prices were significantly higher than the national average. The insurance company eventually coughed up the extra $$ after calling around themselves and checking prices. The insurnance company was financially motivated to pay the extra, because they were paying storage fees at a yard until I signed off on the settlement.

Good Luck,
-Bob