What to do after an accident? Beyond car repair...

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Siliconemelons

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She did sustain an injury. But Tenks - that's the sea I am trying to navigate... its also why I am trying to use resources that are outside of the mill - i.e 411PAIN! trust me, I am sure if I called that number we would have been put into the mill etc. and given the "make sure to wear this neck brace in court!" routine

As stated above, we got into a car accident - we didn't win the lotto, sadly it seems to come those are almost one in the same...

Again, thank you all for your insight and help!
 

Jysin

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My advice was to avoid talking to their insurance was based on my experience. I had a drunk driver pull in front of me once. The impact was so big, the girl in my passenger seat broke her collarbone. I had severe whiplash, etc. Guy was arrested on the spot at the scene for being way over the limit. Within a few days his insurance contacted me, recorded our conversation, and was trying to get me to say the slightest thing to shift some fault off their driver.

Sounds like they are doing the right thing. Just beware if you cast any doubt on the events, they will screw you over at the first chance.
 

Chysamere

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Grown up section, contribute or get the fuck out.

It was real advice. Grown ups should really know how to spell accident. I worked in insurance for 6 years before I came to Japan and if I received any documents with accident misspelled I would assume I was dealing with an idiot and try to save money for the company. That being said, my area of expertise is property, not liability, and insurance in America can be quite different, so I have little input that can help at this stage.

Also my grown up job is English teacher. You could say I'm doing my grown up job fixing his mistake.

apparently our grammar Nazi snowflakes cant handle it.

Spelling Nazi technically, I generally give grammar a pass.
 
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Siliconemelons

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Edit: no one cares about what I just blabbered on about.

I can't spell. It is known. Thanks yo. I have a mild case of dysgraphia essentially.
 
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Jalynfane

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I have to side with Jysin on this. 23 years in the industry and I saw so many folks get taken advantage of from the best and the worst rated carriers. You did not win the lottery, but nor do you know how to calculate what the injuries are "worth", especially long term. I am not saying your wife might have some back issues a year from now or not, and if you get representation, the whole thing will likely take as long as it legally can to get remedied, for the non-direct damages.
 

kegkilla

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somewhat related, does anybody here work somewhere with the capacity to run Carfax reports? would like to see whats on mine
 

LulzSect

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Contact a good lawyer like this guy:

picture-118.png


**I was hit head on, (they blew a red) car totaled; walked away from it ok. Just collected the value of the car, didn't bother suing since I was happy to be alive. Passenger collected 1k from at fault party (police report sided with me) after kicking himself in the face cross-legged when the airbag went off.
 

Hatorade

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Edit: no one cares about what I just blabbered on about.

I can't spell. It is known. Thanks yo. I have a mild case of dysgraphia essentially.

How goes it, get it all wrapped up? Done treating and if so you accept their offer?
 

jayrebb

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These are just some personal settlement/award anecdotes in addition to the technical and procedural stuff that Hatorade Hatorade gave/can continue giving you. Firsthand stuff, with normal real-life people that I've known personally, as the years go by.

- Guy gets rear-ended on a jammed offramp, vehicle enters Guy's trunk space. Guy's neck is strained badly but not broken.

- Guy thinks he won the lottery. Guy uses PIP. Guy hires his own lawyer.

- Guy is advised that they are low-balling, and if he isn't willing to agree to neck surgery he can't help him any further. Says surgery is potential lotto dough if he can sell it to a jury.

- Guy vetos surgery. Guy takes 20k check. Guy's neck hurts persistently. Guy rubs it frequently in public decades later.

Lesson: Raw deal.

- Girl gets hit head-on. Girl's face is lacerated between 1 inch and 1.5 inches on her cheek right below her eye.

- Girl hires lawyer. Lawyer informs her a young girl in her prime dating years with a scar to the face has to go to a jury to receive a proper settlement.

- Girl settles before deliberations could occur on receipt of a 250,000 dollar offer.

Lesson: Girl could have seen a million-dollar payout. Girl chose not to play Vegas odds with a 250k check on the table.

- Girl is struck in her SUV by a company vehicle, with her young firstborn daughter in the back seat.

- Driver's jaw is screwed up bad, needs surgery and then is wired shut. Face busted pretty good. Intense pain.

- Girl hires lawyer. Files suit against company, driver, and relevant insurance.

- Girl has strong case, refuses many settlement offers between 50k and 150k.

- Defendant insurance mounts an offensive to make sure she doesn't get a cent for taking it to court.

- Girl is dragged through the mud at trial. Called a bad mom, pain pill addict (that she received as a result of the accident), and a disabled loser seeking a lotto payout.

- Girl is a stay-at-home mom with 2 young daughters. Insurance lawyers attack that, insisting she is a loser, and addicted to her legally prescribed opioids she takes for her jaw.

- Defendants introduce prescription records and doctor visit records in support of their slander. The attacks become vicious, the language is extremely harsh.

- Defendants attack her relationship to her doctor. Saying he is a family friend, and that he is part of this drug problem that is causing her to sue insurance for a condition that doesn't exist because a car accident couldn't have done this.

- The defendants switch angles, making an argument that a jaw-aligning TMJ preventative surgery she had as a teenager is responsible for all her pain (after attacking her about taking pain meds and raising her two daughters, in the next breath they agree that she might have legitimate pain, buts its totally NOT from this face-destroying accident she had when she began taking pain medication for the injury 15 years later)

- Girl breaks down crying many times traumatized by the evisceration of her life which is being dragged out for month(s). Her husband is barely able to contain himself on the stand.

- Girl receives a jury award of 1.2 million after a few years of settlement offers and a lengthy trial. 900k pain and suffering portion paid immediately.

Lesson: Some of these insurance companies go hard. They aren't going to just hand it over, regardless of your injuries or validity of your claim.
 
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Siliconemelons

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The car is finally done in repair. Depreciated vale paperwork is next on that.

Wife has had her eval at the spine doc - haven't gotten any bills from them yet- at fault party's Insurance said they need the bills so they will cover what's not covered by our PIP- as its FL so our PIP works first then theirs.

So really it's just kind of getting them to do more... but there has to be justification - can't just BS is- less we hire a lawyer and play that game.
 

Cad

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I can't believe you people with health insurance pay for PIP if it's not required by law (I think it is in FL so you get a pass).
 

Siliconemelons

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it is in FL... you gotta have PIP

And it's considered primary for stuff in relation to car accidents - I think, lol.
 

Siliconemelons

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So - update kinda...

12k repair done
2k car rental done
100$ payout for new carseats done

Requested diminished value, said "send supporting docs" I said "do you have forms etc?" they said "no, just send us your supporting documentation"

So i was like, fine, called the dealer I bought it from (3 days before the crash) asked for a trade in value now - send that in and a letter explaining shit, even if its repaired it still has a loss of value bla bla bla

Got a letter back saying that's not enough, they have dealt with cases where dealers say car is worth 100 then they sell it for 150 so its false. So they want actual retail examples of "equivalent" cars that have sold less because of damage record.

So I am like WTF where and I to get retail sales info, dealers are not just going to give me that shit - so I wrote a long reply explaining that I as a consumer there are agreed on standards of how I can leverage the value of my car, trade in, private party sale etc. that retail sale is a false equivalency - bunch of shit point for point to their letter.

I haven't sent it yet. Contacted a diminished value lawyer - there actually do not seem to be a lot of them- talked to a lawyer I know that's married to one of my kids preschool teachers- he says because its small property damage that typically lawyers don't bother with it as its not enough money really.

Anywho the lawyer did call me and send me an email - I replied to him and gave him and overview on it and he (obviously) is very interested in my claim and wants to help.

I guess its, should I just say fuck it- hire the lawyer and just get whatever I get and he gets. or send my reply letter and see what GEICO says about that before jumping onto a lawyer.
 

Siliconemelons

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Fuck 'em, sue 'em

Its sad really - it is showing that lawyers and sue happy things are all a product of insurance co's not wanting to do what they should do.

I am not trying to do anything beyond just and proper compensation - we have been agreeable and cooperative with everything and now they are no longer acting in good faith... its sad that having to threaten a suit and sending the same request I sent, but on "letterhead" is needed... ridiculous.
 

Big_w_powah

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As far as I'm concerned, when they stop playing nice you should do the same. You made your reasonable efforts. You now need to own the company.
 

Cad

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So - update kinda...

12k repair done
2k car rental done
100$ payout for new carseats done

Requested diminished value, said "send supporting docs" I said "do you have forms etc?" they said "no, just send us your supporting documentation"

So i was like, fine, called the dealer I bought it from (3 days before the crash) asked for a trade in value now - send that in and a letter explaining shit, even if its repaired it still has a loss of value bla bla bla

Got a letter back saying that's not enough, they have dealt with cases where dealers say car is worth 100 then they sell it for 150 so its false. So they want actual retail examples of "equivalent" cars that have sold less because of damage record.

So I am like WTF where and I to get retail sales info, dealers are not just going to give me that shit - so I wrote a long reply explaining that I as a consumer there are agreed on standards of how I can leverage the value of my car, trade in, private party sale etc. that retail sale is a false equivalency - bunch of shit point for point to their letter.

I haven't sent it yet. Contacted a diminished value lawyer - there actually do not seem to be a lot of them- talked to a lawyer I know that's married to one of my kids preschool teachers- he says because its small property damage that typically lawyers don't bother with it as its not enough money really.

Anywho the lawyer did call me and send me an email - I replied to him and gave him and overview on it and he (obviously) is very interested in my claim and wants to help.

I guess its, should I just say fuck it- hire the lawyer and just get whatever I get and he gets. or send my reply letter and see what GEICO says about that before jumping onto a lawyer.

There's diminshed value appraisals you can get. e.g. Diminished Value Appraisals by Experienced Vehicle Appraisers from AAG Inc.: Claim Assistance: Diminished Value Claims
 

Siliconemelons

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Cad Cad

I was looking into those, but after getting the GEICO letter I didn't want to potentially waste my money - as in their letter they claim they do not accept them.

"Any statement from a dealership or any other firm providing you with a 'diminished value report' is insufficient to prove your loss unless they also provide sales documentation at the retail level. This documentation is required because we have documentation from numerous instances where we have been provided dealer 'opinions' of diminished value that have proven to be false once the vehicle was actually sold by the dealership."

So that is why I haven't gone down that road, as I have a few reputable appraisers recommended to me.
 

Cad

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Cad Cad

I was looking into those, but after getting the GEICO letter I didn't want to potentially waste my money - as in their letter they claim they do not accept them.



So that is why I haven't gone down that road, as I have a few reputable appraisers recommended to me.

Well, each place is different but you always have the option of filing suit against them in small claims or JP court depending on the jurisdictional limit wherever you are. Then you'll get a litigation adjuster. Sometimes you file suit just to get a different adjuster who isn't a dick. But you're entitled to a diminished value payout and those appraisals are perfectly good evidence of it. If they won't accept that, you need to ask them exactly what they will accept that is reasonable to get, and if the answer is nothing, go file a suit in small claims.
 

Siliconemelons

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But I will also go ahead and do their "free" initial estimate and contact form - see what their services include as it includes mediation etc. I suppose I should also at least talk to the lawyer and see if its a flat fee or a %, if its 1/3 like injury- thats kinda ick