Car Accident Question (Law)

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Sectoid
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Car Accident Question (Law)

Post by Sectoid »

So, I had a car accident back on 1/22/2016 and it has still not been resolved. Another driver blew a stop sign and drove right in front of my car which was going 35mph and since I had all of .1 seconds to react to seeing her car, hit the breaks, and scream a curse word, I t-boned her wrecking both vehicles. I hurt my shoulder, badly as well as my neck and back. My passenger had multiple bruises and possibly a torn ACL. Which is still being fought by the insurance company.
I was in PT for a long time, 2/2016 - 9/2016, before the insurance company (NJM) finally agreed to surgery on my shoulder that was recommended by my Doctor back before I started PT. Then I had more PT to rehab the shoulder up until 2/2017. I also had 2 injections to help with my neck pain and 1 in my shoulder before the surgery was approved. So, here I am 7 months after I completed PT and the insurance company is still stalling without a settlement in sight. My lawyer sent them a "Answers to interrogatories" on the 1st of last month (August) in preparation of a lawsuit and still has not gotten a reply to the multiple attempts he has made to contact them regarding a settlement.
The question I have is: "Is it normal that this process takes this long?" At this point both my passenger and I have been out of PT for over 6 months. I'm not expecting them to be lightning-quick, but this is crazy. I don't think I can do anything to speed this up. I know their MO is to make people wait so they eventually give up. The lawyer says he is doing all he can, but I don't think he is.
Anyway, any information would be appreciated. Lawyer or otherwise.
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Re: Car Accident Question (Law)

Post by RMC »

Sectoid wrote:So, I had a car accident back on 1/22/2016 and it has still not been resolved. Another driver blew a stop sign and drove right in front of my car which was going 35mph and since I had all of .1 seconds to react to seeing her car, hit the breaks, and scream a curse word, I t-boned her wrecking both vehicles. I hurt my shoulder, badly as well as my neck and back. My passenger had multiple bruises and possibly a torn ACL. Which is still being fought by the insurance company.
I was in PT for a long time, 2/2016 - 9/2016, before the insurance company (NJM) finally agreed to surgery on my shoulder that was recommended by my Doctor back before I started PT. Then I had more PT to rehab the shoulder up until 2/2017. I also had 2 injections to help with my neck pain and 1 in my shoulder before the surgery was approved. So, here I am 7 months after I completed PT and the insurance company is still stalling without a settlement in sight. My lawyer sent them a "Answers to interrogatories" on the 1st of last month (August) in preparation of a lawsuit and still has not gotten a reply to the multiple attempts he has made to contact them regarding a settlement.
The question I have is: "Is it normal that this process takes this long?" At this point both my passenger and I have been out of PT for over 6 months. I'm not expecting them to be lightning-quick, but this is crazy. I don't think I can do anything to speed this up. I know their MO is to make people wait so they eventually give up. The lawyer says he is doing all he can, but I don't think he is.
Anyway, any information would be appreciated. Lawyer or otherwise.
My dad had a case kind of similar to what you are talking about, and he actually passed away before it was settled, so my mother just settled to be able to close the estate. His death had nothing to do with the accident, altho it didn't help any. But that took a little over 4 years, and wrapped up in 6 months after my dad passed because my mother just wanted it done.
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Re: Car Accident Question (Law)

Post by TheMix »

I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.

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Re: Car Accident Question (Law)

Post by Sectoid »

TheMix wrote:I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.
The medical for my part is done. I've had the surgery and PT. It is over. Here's the rub, though. I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
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Re: Car Accident Question (Law)

Post by GreenGoo »

RMC wrote: My dad had a case kind of similar to what you are talking about, and he actually passed away before it was settled, so my mother just settled to be able to close the estate. His death had nothing to do with the accident, altho it didn't help any. But that took a little over 4 years, and wrapped up in 6 months after my dad passed because my mother just wanted it done.
My takeaway from this post is that Sectoid shouldn't worry about it, he's gonna die before anything gets resolved anyway.

Ouch.
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Re: Car Accident Question (Law)

Post by LordMortis »

My assumption is that this depends on your state and your insurance.

For instance, in Michigan, your medical is always primary with regard to auto coverage. It takes something pretty catastrophic to get auto to pay for medical. Then for damage, you are reimbursed by your own insurance minus a minitort. So no matter who is at fault you get a claims adjuster come out right away and then your fight is over like $600 and getting that $600 can take forever if you are dealing with an uncooperative person/insurer on the other end.

So, with no advice to give, I'd say look at your state to set expectations. I know nothing about Martian insurance law.
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Re: Car Accident Question (Law)

Post by Paingod »

Sectoid wrote:I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
Years ago I had an accident that was completely someone else's fault. She blew a stop sign and did $4500 in damage to the back end of my car. My insurance company wanted to keep my $500 deductible for themselves. I told them that if they wanted to keep me as a customer, they needed to give me the full amount in damage done. They tried to sing and dance about needing to settle first with the other insurance company, and then I might get my $500 back. I didn't relent - they could either give me the $500 or lose me. Despite it not being 'policy' they made an exception and I got the $4200 my car was worth instead of $3700. There was no way I was accepting a $500 penalty for someone else's mistake.

I can't offer any advice, but will say that I'm consistently disgusted with how insurance companies treat their customers. You have my sympathies.
Last edited by Paingod on Thu Sep 14, 2017 12:59 pm, edited 1 time in total.
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Re: Car Accident Question (Law)

Post by Jaymann »

Call Larry Parker. He gets millions for his clients!

Seriously though, I had a similar accident where a car pulled off the shoulder of the freeway right in front of me in the second lane over. It hurt like fuck, but just some major scrapes and bruising from the airbag. Both cars were totaled. Initially the cops assumed it was my fault because I rear ended them. I was turned down by some ambulance-chasing attorneys because my case "did not meet their criteria."

But since I was working at the time (driving a rental car to the airport), workers comp picked up the tab and work insurance paid for the car. After investigation, it was determined to be the other party's fault. Eventually the insurance company paid me $1.000. But I really dodged a bullet.
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Re: Car Accident Question (Law)

Post by RMC »

GreenGoo wrote:
RMC wrote: My dad had a case kind of similar to what you are talking about, and he actually passed away before it was settled, so my mother just settled to be able to close the estate. His death had nothing to do with the accident, altho it didn't help any. But that took a little over 4 years, and wrapped up in 6 months after my dad passed because my mother just wanted it done.
My takeaway from this post is that Sectoid shouldn't worry about it, he's gonna die before anything gets resolved anyway.

Ouch.
I did say that my Dad died to things unrelated to the accident. :)
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Re: Car Accident Question (Law)

Post by Sectoid »

Paingod wrote:I can't offer any advice, but will say that I'm consistently disgusted with how insurance companies treat their customers. You have my sympathies.
Oh, it gets worse. Her insurance company and mine are the same. So, they would essentially be going after themselves. Also, they dropped me as a client. I despise insurance companies.
I'm in NJ, btw.
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Re: Car Accident Question (Law)

Post by Smoove_B »

Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
Last edited by Smoove_B on Thu Sep 14, 2017 1:12 pm, edited 1 time in total.
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Re: Car Accident Question (Law)

Post by Paingod »

Sectoid wrote:
Paingod wrote:I can't offer any advice, but will say that I'm consistently disgusted with how insurance companies treat their customers. You have my sympathies.
Oh, it gets worse. Her insurance company and mine are the same. So, they would essentially be going after themselves. Also, they dropped me as a client. I despise insurance companies.
I'm in NJ, btw.
Wait - so she causes an accident and they dump you as a customer?! WTF?
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Re: Car Accident Question (Law)

Post by malchior »

From what I understand this is normal - my father in law was involved in an accident where the other driver was 100% in the wrong. As in caught on camera swinging an illegal u-turn with a ticket issued to other driver for the infraction that caused the accident. That case dragged on for over 3 years. It was in NJ as well.
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Re: Car Accident Question (Law)

Post by Skinypupy »

Paingod wrote:
Sectoid wrote:
Paingod wrote:I can't offer any advice, but will say that I'm consistently disgusted with how insurance companies treat their customers. You have my sympathies.
Oh, it gets worse. Her insurance company and mine are the same. So, they would essentially be going after themselves. Also, they dropped me as a client. I despise insurance companies.
I'm in NJ, btw.
Wait - so she causes an accident and they dump you as a customer?! WTF?
Yeah, that seems awfully sketchy.
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Re: Car Accident Question (Law)

Post by LordMortis »

Sectoid wrote: Also, they dropped me as a client.
She was at fault, it's the same insurance company... no adjustment and they dropped you? Dafuq?

http://www.nj.gov/dobi/ins_ombudsman/wysk2.htm#8

The insurance company is allowed 45 calendar days to settle your third party claim from the time they receive notice of the loss. However, this time may be extended if the company needs to conduct additional investigation or if you fail to cooperate with them.

The insurance company must provide you with written notice explaining the reason for the delay if the claim settlement process takes longer than 45 days.

If the other driver’s insurer and you can't reach an agreement to settle your property damage loss, you can:

Make a claim under your own policy if you have the appropriate coverage.
File an appeal with the insurance company's internal appeals panel. (If you are still unsatisfied after the company's internal appeals panel renders its decision, you can request a review of that decision by the Insurance Claims Ombudsman.)
File a written complaint with NJDOBI

You can file a written complaint with: The Office of the Insurance Ombudsman
NJ Department of Banking and Insurance
20 West State Street
PO Box 472
Trenton NJ 08625-0472
1-800-446-7467
E-mail:

Seek appropriate legal counsel

Important Note to Remember:
Only a judge or jury can ultimately decide who is at-fault for an accident or how much another person owes you for your damages.


If you have any further questions or would like additional information, you can contact the Department of Banking and Insurance either through the Office of the Insurance Claims Ombudsman at 1-800-446-7467 or the Consumer Inquiry and Response Center (CIRC) at 609-292-7272.
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Re: Car Accident Question (Law)

Post by Moliere »

I'm not a lawyer, but I play one on the Internet. I think you should sue. Sue everyone. Sue her. Sue your own insurance company. Sue Trump for not stopping Climate Change.

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Re: Car Accident Question (Law)

Post by coopasonic »

Smoove_B wrote:Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
I was in an accident with a USAA customer 10 years ago. USAA treated me better than my own insurance (State Farm) did. Coincidentally I have been a USAA customer for about 10 years.
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Re: Car Accident Question (Law)

Post by Sectoid »

LordMortis wrote:
Sectoid wrote: Also, they dropped me as a client.
She was at fault, it's the same insurance company... no adjustment and they dropped you? Dafuq?
Yep. They dropped me. From what the lawyer said they were looking for a reason to. I have 2 cars and my friend uses one of them from time to time. She was not listed on my policy as a driver, but seeing as how she doesn't live in the same place and does not drive it all the time, I don't have to list her. When I was laid-up from the bone cancer in my femur she drove me most places. When the insurance company interviewed my neighbors, they told them that she drove one of my cars and boom, they dropped me. To go through the trouble of interviewing neighbors and performing such an investigation, they were trying to dump me. So yeah, I can pay them on time for over 20years, but heaven forbid I ever want to actually use them for their intended purpose. Thus, one of the myriad of reasons I think insurance companies should be abolished.
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Re: Car Accident Question (Law)

Post by Sectoid »

coopasonic wrote:
Smoove_B wrote:Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
I was in an accident with a USAA customer 10 years ago. USAA treated me better than my own insurance (State Farm) did. Coincidentally I have been a USAA customer for about 10 years.
I'm actually with Progressive now. Partly because they gave me the best rate and partly because when one of their drivers hit me 5 or so years ago, they covered everything including the gas for the rental car they gave me while my car was being fixed.
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Re: Car Accident Question (Law)

Post by Skinypupy »

coopasonic wrote:
Smoove_B wrote:Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
I was in an accident with a USAA customer 10 years ago. USAA treated me better than my own insurance (State Farm) did. Coincidentally I have been a USAA customer for about 10 years.
I'm in the middle of a dealing with USAA right now. Their insured sideswiped me, minor damage, no injuries. It took them over a month to get a statement from their insured. Once they did, they accepted liability and asked me to get estimates. I sent them the repair estimate I received (just over $1,800) over a week ago, asking for next steps so I can get things in process. Haven't heard a thing yet, despite multiple e-mails and calls to their rep. This thing has dragged on for over 6 weeks now, with minimal response or effort from them.

I just want to get my damn car fixed, and they just keep dragging their feet at every turn. It's driving me nuts.
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Re: Car Accident Question (Law)

Post by Kasey Chang »

It sure can take that long.

Some woman cut inside the turn of one of my buses in December 2015 and got squished against the inside. Already handed them to my insurance within 24 hours, but they keep sending *me* collection notices and apparently, recently filed a lawsuit against me (yes, in 2017). Good thing I still have my old claim number. :-P
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Re: Car Accident Question (Law)

Post by Lorini »

Sectoid wrote:
coopasonic wrote:
Smoove_B wrote:Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
I was in an accident with a USAA customer 10 years ago. USAA treated me better than my own insurance (State Farm) did. Coincidentally I have been a USAA customer for about 10 years.
I'm actually with Progressive now. Partly because they gave me the best rate and partly because when one of their drivers hit me 5 or so years ago, they covered everything including the gas for the rental car they gave me while my car was being fixed.
In case you care, Progressive is owned by a person who has progressive/liberal beliefs. Thus the name.
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Re: Car Accident Question (Law)

Post by Kraken »

Lorini wrote:
Sectoid wrote:
coopasonic wrote:
Smoove_B wrote:Also in NJ (as you know) and we use USAA. They have been unbelievably awesome; we use them for car and home insurance. Believe the hype.
I was in an accident with a USAA customer 10 years ago. USAA treated me better than my own insurance (State Farm) did. Coincidentally I have been a USAA customer for about 10 years.
I'm actually with Progressive now. Partly because they gave me the best rate and partly because when one of their drivers hit me 5 or so years ago, they covered everything including the gas for the rental car they gave me while my car was being fixed.
In case you care, Progressive is owned by a person who has progressive/liberal beliefs. Thus the name.
They refused to insure my house because it has a fuse box. Apparently progress also requires circuit breakers.
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Re: Car Accident Question (Law)

Post by Lorini »

Yep I can believe that, fuse boxes probably have a much higher chance of catching fire. I personally wouldn't live in a house with fuse boxes but that's me :)
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Re: Car Accident Question (Law)

Post by Kraken »

The house has been on fuses for 100+ years with no fires. Somebody replaced most of the knob-and-tube wiring in the 1940s. The real issue is that low-cost insurers like Progressive cherry-pick only the lowest risk customers.

Our next home improvement (which I've been putting off for upwards of a year now) is a complete electrical upgrade/overhaul. Just compiling a list of all the outlets and switches that need attention is going to be a major chore, and then I expect that it will involve weeks of disruption and cost more than I have squirreled away. And when it's finally all done, we'll have new wiring to enjoy. Not exactly the most satisfying investment...but probably the most necessary.
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Re: Car Accident Question (Law)

Post by Punisher »

Sectoid wrote:
TheMix wrote:I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.
The medical for my part is done. I've had the surgery and PT. It is over. Here's the rub, though. I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
If the other driver is at fault, your deductible shouldn't come into play. Your deductible is for when you are at fault.
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Re: Car Accident Question (Law)

Post by RMC »

Punisher wrote:
Sectoid wrote:
TheMix wrote:I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.
The medical for my part is done. I've had the surgery and PT. It is over. Here's the rub, though. I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
If the other driver is at fault, your deductible shouldn't come into play. Your deductible is for when you are at fault.
I think he was referring to his medical deductible
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Re: Car Accident Question (Law)

Post by Sectoid »

RMC wrote:
Punisher wrote:
Sectoid wrote:
TheMix wrote:I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.
The medical for my part is done. I've had the surgery and PT. It is over. Here's the rub, though. I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
If the other driver is at fault, your deductible shouldn't come into play. Your deductible is for when you are at fault.
I think he was referring to his medical deductible
I was. My PIP covers me and my passenger and then my insurance company is supposed to go after the other insurance company to get that money back. After, they are supposed to refund your deductible. When the insurance companies are the same for both parties, which they are in my case, they are essentially going after themselves which takes longer for some reason.
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Re: Car Accident Question (Law)

Post by Lorini »

I don't have medical coverage at all on my policy. I tell people who ride that I don't have it and they'll have to be covered by their medical policies. This works for the people (very few) who ride in my car and I'm covered through Medicare.
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Re: Car Accident Question (Law)

Post by Paingod »

I'm not sure I'd get in a car with someone who wanted me to sign a waiver that had fine print... :think:
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Re: Car Accident Question (Law)

Post by Lorini »

Paingod wrote:I'm not sure I'd get in a car with someone who wanted me to sign a waiver that had fine print... :think:

Nope, just a disclaimer :) I don't think I've had 10 different people in my car in 10 years so it doesn't come up much :).
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Re: Car Accident Question (Law)

Post by Punisher »

Sectoid wrote:
RMC wrote:
Punisher wrote:
Sectoid wrote:
TheMix wrote:I think it's normal.

At least, my recollection from my accident in 1990 was that it took a long time to settle. Part of the issue in mine was that the person that was "handling" the case from the insurance company's side basically didn't do anything. They gave it to another agent, and it got settled pretty quickly.

But my sense is that it is fairly typical for settlements to drag out.

The other important thing is to avoid settling until all your medical bills are done. At least in 1990, the value of the settlement was directly proportional to the medical bills.
The medical for my part is done. I've had the surgery and PT. It is over. Here's the rub, though. I had to put out $1200 of my own $ to cover the deductible and should get that back as part of the settlement.
If the other driver is at fault, your deductible shouldn't come into play. Your deductible is for when you are at fault.
I think he was referring to his medical deductible
I was. My PIP covers me and my passenger and then my insurance company is supposed to go after the other insurance company to get that money back. After, they are supposed to refund your deductible. When the insurance companies are the same for both parties, which they are in my case, they are essentially going after themselves which takes longer for some reason.
this sounds odd. when I had my accident, I don't recall paying any deductible since it wasn't my fault. my attorney handled all of that and the doctors got paid by the insurance..
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Re: Car Accident Question (Law)

Post by Kasey Chang »

Some hospitals waive the deductible (by overbilling the main portion).
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Re: Car Accident Question (Law)

Post by RMC »

I know at the hospital I work at, if it is a workmans comp or and insurance claim they will bill the insurance company.
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Re: Car Accident Question (Law)

Post by Punisher »

RMC wrote:I know at the hospital I work at, if it is a workmans comp or and insurance claim they will bill the insurance company.
I am pretty sure it is this way by me as well.
I have never had to pay my deductible when involved in an accident.
I had no out of pocket expenses at all.
Maybe it's different where you live, or you may need a new lawyer..
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Re: Car Accident Question (Law)

Post by Sectoid »

Update:
Still no word from the insurance company. I emailed my lawyer, though and his advice is to just wait. He said he called them a few times, but hasn't gotten a response. If he formally files to lawsuit, it gets assigned to an attorney and with discovery process (me making a formal statement, submitting to a doctor's examination, etc.), it could take another year for an actual settlement. He is giving them the chance at avoiding the expense of all that and settling now. If they don't respond soon, he'll file suit.
I'm just glad my injuries (while serious) were not life-threatening. To wait almost 2 full years + before you get anything is kind of crazy. That is 2 full years of interest on the money I had to put out to cover deductibles. While $1200 may not seem like much in the big picture, I wasn't working full-time last year. So, it was a lot to have to put out. Plus, the expense and headache of having to buy a new car, getting police reports, having to get rides most places for a while, physical therapy, other doctor's visits, etc. In other words, it is bullshit.
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Re: Car Accident Question (Law)

Post by Punisher »

Again, it may be different by you, but if the accident wasn't your fault, you shouldn't have to pay for anything. You might be able to get interest on that...
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Re: Car Accident Question (Law)

Post by Sectoid »

I just actually talked to my lawyer a few minutes ago. The insurance company finally got back to him and wants me to go for (another) physical exam from one of their doctors. They are going to send him the notice and then we'll schedule it. It can go 2 ways. Either their doctor will say it is not that serious and they'll low-ball me which is the most likely outcome. If that happens, we will file suit. The other possible outcome is that their doctor will agree with the 4 other doctors I've seen for this that it is a legitimate, life-long injury (which it is) and they'll offer me a decent settlement.
So, the time line can either be a month or two for a decent settlement or 6 months to a year if they are not reasonable.
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Re: Car Accident Question (Law)

Post by Sectoid »

ha HAA!
So, the insurance company sent my lawyer the information about the doctor's visit they want me to have and scheduled it for 2 months from now!! 2 months...after shuffling their feet for over a month to return a call.
My lawyer told me he is going to see if they will push it up to sooner. Otherwise, we are filing suit. If they want me to go to a doctor 2 months from now, they can do it during discovery.
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