Insurance payouts in the USA
Oct 31st 2006, 2:28 pm
#16
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: Insurance payouts in the USA
Originally Posted by Duncan Roberts
I would call your insurance company up, especially if you have an agent. Inquiring costs nothing and your company has lawyers and claim adjusters just like the other one. It's also surprising what free advice and insurance agent can give you as well, especially if you get some half-ass settlement and have to end up claiming against your policy in the future because of it.
their attorneys cannot and will not represent you, they only do this when you are being sued (and their money is at stake)
but of course, you're still a customer and will listen and help you out as much as possible.
Oct 31st 2006, 4:41 pm
#17
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,022
Re: Insurance payouts in the USA
I think dbj1000 started a thread after his wife's car accident a couple of months ago....might be worth doing a search and reading through it.
Edit. Here it is:
Edit. Here it is:
Last edited by Jerseygirl; Oct 31st 2006 at 4:43 pm.
Oct 31st 2006, 6:33 pm
#18
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Insurance payouts in the USA
Is NC a no-fault state? If so, the insurance company has to pay in full your medical costs. Don't take the $2500. Won't take it even if it were a fault state.
Your wife is not in a position at the moment to sign anything until the full medical work up is completed and she knows the extent of her injuries and how long she will be out of work.
Your wife is not in a position at the moment to sign anything until the full medical work up is completed and she knows the extent of her injuries and how long she will be out of work.
Oct 31st 2006, 6:58 pm
#19
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: Insurance payouts in the USA
Originally Posted by Rete
Is NC a no-fault state? If so, the insurance company has to pay in full your medical costs. Don't take the $2500. Won't take it even if it were a fault state.
most other no-fault states have their medical responsibilities capped at state mandated amounts....so if they're more you still have liability against the thrid party.
Oct 31st 2006, 11:46 pm
#20
BE Forum Addict
Joined: Dec 2002
Location: Ft Lauderdale, FL
Posts: 4,792
Re: Insurance payouts in the USA
Originally Posted by magilla442
Last Friday was a little mad, and what has happened since has made me a little mad too, here's the abridged version:
After having an accident at work last Wednesday, on Friday my wife had to drive me to a clinic, and then onto another clinic to have ultrasound tests done on my injury, she took the day off work to do so. On the way home from the tests, we was stopped at a red light, my wife driving, me in the passenger seat, off me head on paid medication, when a lady too busy chatting on her cell to notice the red light ploughed into the back of my grand cherokee, taking out the bumper and wrapping the exhaust around the rear tyre. Police came, gave the lady a verbal warning, she was hoping we would handle the issue without informing her insurance co, but my wife insisted as we have heard tales of people not paying up.
An hour afterwards, I was still off me head, but the misses started getting bad pains in her back, so we went off to ER, and was there for just shy of 7 hours, finally leaving after extensive x-rays done on my wife and the diagnosis of a bad back strain, enough to say we have spent all weekend both blurry on our respective pain reliefs.
Then this morning, I was awoke by the ladys insurance claims rep, and 90 mins later he was at my door, I am still on medication from my work injury, my back's a bit stiff but i feel half drunk most of the time anyways cos of the painkillers, and my wife is signed off work and been referred to a orthapedist this Friday for further assessment, I thought this guy was a bit too eager.
His offer,- our car to be repaired, courtesy one to cover it (bear in mind neither of us can drive anyways cos of the med) $800 to my wife, $500 to me, and upto $2500 towards my wifes medical bills, only claimable for the first 6 months.
Now I have no idea how things work over here, but that seems piss poor to me, any advice on the matter would be more than welcomed, I'm clueless as to what I should do?????
After having an accident at work last Wednesday, on Friday my wife had to drive me to a clinic, and then onto another clinic to have ultrasound tests done on my injury, she took the day off work to do so. On the way home from the tests, we was stopped at a red light, my wife driving, me in the passenger seat, off me head on paid medication, when a lady too busy chatting on her cell to notice the red light ploughed into the back of my grand cherokee, taking out the bumper and wrapping the exhaust around the rear tyre. Police came, gave the lady a verbal warning, she was hoping we would handle the issue without informing her insurance co, but my wife insisted as we have heard tales of people not paying up.
An hour afterwards, I was still off me head, but the misses started getting bad pains in her back, so we went off to ER, and was there for just shy of 7 hours, finally leaving after extensive x-rays done on my wife and the diagnosis of a bad back strain, enough to say we have spent all weekend both blurry on our respective pain reliefs.
Then this morning, I was awoke by the ladys insurance claims rep, and 90 mins later he was at my door, I am still on medication from my work injury, my back's a bit stiff but i feel half drunk most of the time anyways cos of the painkillers, and my wife is signed off work and been referred to a orthapedist this Friday for further assessment, I thought this guy was a bit too eager.
His offer,- our car to be repaired, courtesy one to cover it (bear in mind neither of us can drive anyways cos of the med) $800 to my wife, $500 to me, and upto $2500 towards my wifes medical bills, only claimable for the first 6 months.
Now I have no idea how things work over here, but that seems piss poor to me, any advice on the matter would be more than welcomed, I'm clueless as to what I should do?????
Reg. Frank R.
Nov 1st 2006, 12:21 am
#21
Re vera, potas bene.
Joined: Jun 2005
Location: Cape Cod MA..Davenport FL
Posts: 2,405
Re: Insurance payouts in the USA
I don't know if its as slow as the UK...but mine claim took nearly 10 years there...
It took a few weeks to find out that a bit of bone was broke in my neck...which came out the next month leaving me with just a tiny piece of bone over my spinal cord...
You have to be so careful with your neck or back...I'd not be that quick to take any money...
It took a few weeks to find out that a bit of bone was broke in my neck...which came out the next month leaving me with just a tiny piece of bone over my spinal cord...
You have to be so careful with your neck or back...I'd not be that quick to take any money...
Nov 1st 2006, 12:33 am
#22
Position - Offside
Joined: May 2005
Location: Harvest, Alabama from Newport Pagnell, Bucks/Mitcham, Surrey
Posts: 413
Re: Insurance payouts in the USA
Originally Posted by magilla442
Last Friday was a little mad, and what has happened since has made me a little mad too, here's the abridged version:
After having an accident at work last Wednesday, on Friday my wife had to drive me to a clinic, and then onto another clinic to have ultrasound tests done on my injury, she took the day off work to do so. On the way home from the tests, we was stopped at a red light, my wife driving, me in the passenger seat, off me head on paid medication, when a lady too busy chatting on her cell to notice the red light ploughed into the back of my grand cherokee, taking out the bumper and wrapping the exhaust around the rear tyre. Police came, gave the lady a verbal warning, she was hoping we would handle the issue without informing her insurance co, but my wife insisted as we have heard tales of people not paying up.
An hour afterwards, I was still off me head, but the misses started getting bad pains in her back, so we went off to ER, and was there for just shy of 7 hours, finally leaving after extensive x-rays done on my wife and the diagnosis of a bad back strain, enough to say we have spent all weekend both blurry on our respective pain reliefs.
Then this morning, I was awoke by the ladys insurance claims rep, and 90 mins later he was at my door, I am still on medication from my work injury, my back's a bit stiff but i feel half drunk most of the time anyways cos of the painkillers, and my wife is signed off work and been referred to a orthapedist this Friday for further assessment, I thought this guy was a bit too eager.
His offer,- our car to be repaired, courtesy one to cover it (bear in mind neither of us can drive anyways cos of the med) $800 to my wife, $500 to me, and upto $2500 towards my wifes medical bills, only claimable for the first 6 months.
Now I have no idea how things work over here, but that seems piss poor to me, any advice on the matter would be more than welcomed, I'm clueless as to what I should do?????
After having an accident at work last Wednesday, on Friday my wife had to drive me to a clinic, and then onto another clinic to have ultrasound tests done on my injury, she took the day off work to do so. On the way home from the tests, we was stopped at a red light, my wife driving, me in the passenger seat, off me head on paid medication, when a lady too busy chatting on her cell to notice the red light ploughed into the back of my grand cherokee, taking out the bumper and wrapping the exhaust around the rear tyre. Police came, gave the lady a verbal warning, she was hoping we would handle the issue without informing her insurance co, but my wife insisted as we have heard tales of people not paying up.
An hour afterwards, I was still off me head, but the misses started getting bad pains in her back, so we went off to ER, and was there for just shy of 7 hours, finally leaving after extensive x-rays done on my wife and the diagnosis of a bad back strain, enough to say we have spent all weekend both blurry on our respective pain reliefs.
Then this morning, I was awoke by the ladys insurance claims rep, and 90 mins later he was at my door, I am still on medication from my work injury, my back's a bit stiff but i feel half drunk most of the time anyways cos of the painkillers, and my wife is signed off work and been referred to a orthapedist this Friday for further assessment, I thought this guy was a bit too eager.
His offer,- our car to be repaired, courtesy one to cover it (bear in mind neither of us can drive anyways cos of the med) $800 to my wife, $500 to me, and upto $2500 towards my wifes medical bills, only claimable for the first 6 months.
Now I have no idea how things work over here, but that seems piss poor to me, any advice on the matter would be more than welcomed, I'm clueless as to what I should do?????
Nov 1st 2006, 1:45 am
#23
Tim
Thread Starter
Joined: Sep 2005
Location: wilmington, nc
Posts: 75
Re: Insurance payouts in the USA
Thank you all so much for your words and advice, there have been more developments today:-
The car has been collected and taken to their approved garage, I agreed to this when he was at my place yesterday morning, and they have told me the repairs will have a lifetime guarantee.
The Insurance Claims Rep has been back on the phone to me as well, asking when he could call to sign!!!!! cheeky b$%^tard!!
I told him I wasnt happy with his offer, and that paying medicals upto a maximum of $2500 and his eagerness to have me sign it had somewhat angered me, straight away he upped his medical offer to $5000, on condition tho for 6 months.
I told him I had discussed the matter with people who know (thats you lot up to now), and have been advised not to make a decision until we know the full extent of the damages and out of pocket expenses we may incur. His reply,- "well your car isnt that badly damaged and you two arent that badly hurt"
So, I told him to F&@k off, and asked him where he studied medicine.
Did I do anything wrong???
Again, thanks to you all for your advice, any more comments are greatly appreciated
The car has been collected and taken to their approved garage, I agreed to this when he was at my place yesterday morning, and they have told me the repairs will have a lifetime guarantee.
The Insurance Claims Rep has been back on the phone to me as well, asking when he could call to sign!!!!! cheeky b$%^tard!!
I told him I wasnt happy with his offer, and that paying medicals upto a maximum of $2500 and his eagerness to have me sign it had somewhat angered me, straight away he upped his medical offer to $5000, on condition tho for 6 months.
I told him I had discussed the matter with people who know (thats you lot up to now), and have been advised not to make a decision until we know the full extent of the damages and out of pocket expenses we may incur. His reply,- "well your car isnt that badly damaged and you two arent that badly hurt"
So, I told him to F&@k off, and asked him where he studied medicine.
Did I do anything wrong???
Again, thanks to you all for your advice, any more comments are greatly appreciated
Nov 1st 2006, 1:52 am
#24
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Insurance payouts in the USA
Originally Posted by Manc
Rete, The only pure no-fault state is Michigan, and even then there are gaps in coverage sometimes.
most other no-fault states have their medical responsibilities capped at state mandated amounts....so if they're more you still have liability against the thrid party.
most other no-fault states have their medical responsibilities capped at state mandated amounts....so if they're more you still have liability against the thrid party.
Nov 1st 2006, 1:57 am
#25
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Insurance payouts in the USA
In my book you did right.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
Nov 1st 2006, 2:00 am
#26
Tim
Thread Starter
Joined: Sep 2005
Location: wilmington, nc
Posts: 75
Re: Insurance payouts in the USA
Originally Posted by Rete
In my book you did right.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
Yes I have already informed my own insurance company, and the lady admitted her negligance, and was given a verbal warning by the attending police officer, I am certain if this went that far I would have very little problem in proving it being all her fault
Nov 1st 2006, 2:31 am
#27
BE Enthusiast
Joined: Jun 2006
Posts: 360
Re: Insurance payouts in the USA
You did the right thing. If this guy rings you back tell him that you need some peace and quiet as your head hurts, and the pain gets worse each time he calls. Tell him you'll call him when you're feeling better.
You can ask your insurance company if there is anything else you need to do (for them) and otherwise I would wait it out a bit. Then, you'll need to decide if you want to handle it yourself or via an attorney.
I asked my SIL (whom I referenced previously) and she said she waited until she had the free and clear from her car dealer, her doctor and physio before her lawyer accepted an offer from the insurance company. It took several months, but her shoulder was messed up and she had splitting headaches for some weeks...needed to make sure it wasn't a long term thing.
Sounds like you're handling this very well. It's not easy to have to deal with these people when you need to focus on getting the car and yourselves looked after.
You can ask your insurance company if there is anything else you need to do (for them) and otherwise I would wait it out a bit. Then, you'll need to decide if you want to handle it yourself or via an attorney.
I asked my SIL (whom I referenced previously) and she said she waited until she had the free and clear from her car dealer, her doctor and physio before her lawyer accepted an offer from the insurance company. It took several months, but her shoulder was messed up and she had splitting headaches for some weeks...needed to make sure it wasn't a long term thing.
Sounds like you're handling this very well. It's not easy to have to deal with these people when you need to focus on getting the car and yourselves looked after.
Nov 1st 2006, 4:21 am
#28
Account Closed
Joined: Mar 2004
Posts: 2
Re: Insurance payouts in the USA
Originally Posted by magilla442
Thank you all so much for your words and advice, there have been more developments today:-
The car has been collected and taken to their approved garage, I agreed to this when he was at my place yesterday morning, and they have told me the repairs will have a lifetime guarantee.
The Insurance Claims Rep has been back on the phone to me as well, asking when he could call to sign!!!!! cheeky b$%^tard!!
I told him I wasnt happy with his offer, and that paying medicals upto a maximum of $2500 and his eagerness to have me sign it had somewhat angered me, straight away he upped his medical offer to $5000, on condition tho for 6 months.
I told him I had discussed the matter with people who know (thats you lot up to now), and have been advised not to make a decision until we know the full extent of the damages and out of pocket expenses we may incur. His reply,- "well your car isnt that badly damaged and you two arent that badly hurt"
So, I told him to F&@k off, and asked him where he studied medicine.
Did I do anything wrong???
Again, thanks to you all for your advice, any more comments are greatly appreciated
The car has been collected and taken to their approved garage, I agreed to this when he was at my place yesterday morning, and they have told me the repairs will have a lifetime guarantee.
The Insurance Claims Rep has been back on the phone to me as well, asking when he could call to sign!!!!! cheeky b$%^tard!!
I told him I wasnt happy with his offer, and that paying medicals upto a maximum of $2500 and his eagerness to have me sign it had somewhat angered me, straight away he upped his medical offer to $5000, on condition tho for 6 months.
I told him I had discussed the matter with people who know (thats you lot up to now), and have been advised not to make a decision until we know the full extent of the damages and out of pocket expenses we may incur. His reply,- "well your car isnt that badly damaged and you two arent that badly hurt"
So, I told him to F&@k off, and asked him where he studied medicine.
Did I do anything wrong???
Again, thanks to you all for your advice, any more comments are greatly appreciated
I would have done the same, sounds a complete tosser.
Nov 1st 2006, 11:31 am
#29
Position - Offside
Joined: May 2005
Location: Harvest, Alabama from Newport Pagnell, Bucks/Mitcham, Surrey
Posts: 413
Re: Insurance payouts in the USA
Originally Posted by Rete
In my book you did right.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
Did you notify your insurance company of the accident and medical issues? Since you were rear ended you are not a fault and you can petition the other driver's cell records to prove they were on the phone when the accident occurred. In NYS that automatically makes them at fault, i.e. inattention. Be sure that you tell your insurance company that as well. A very important piece of information if a settlement were to be offered or a suit is started.
You also have to remember the statute of limitations. This varies from State to State. Here, it's two years. If, for some reason, your medical treatment is not completed before that time is up you can file a lawsuit to keep the case open. Of course at any time once the case is filed you can settle.
Since you have no idea of the other side's policy limits, nor of your own personal injuries, you may want to put your own insurance carrier on notice (assuming you have UM and UIM) that you may have a potential claim.
Good luck, and hopefully you will recover pretty quickly with no long lasting effects.
Nov 1st 2006, 11:34 am
#30
Account Closed
Joined: Mar 2004
Posts: 2
Re: Insurance payouts in the USA
Originally Posted by Lynne
In some states you cannot obtain cell phone records for someone's cell phone until you have filed a lawsuit. Once they or their insurance company's attorney have filed an answer you can then file Interrogatories and Request for Production of Documents. If they don't have them you can then file a Motion for a Third Party Subpoena and get them that way, long drawn out process but hopefully you can settle well before it gets to that stage.
You also have to remember the statute of limitations. This varies from State to State. Here, it's two years. If, for some reason, your medical treatment is not completed before that time is up you can file a lawsuit to keep the case open. Of course at any time once the case is filed you can settle.
Since you have no idea of the other side's policy limits, nor of your own personal injuries, you may want to put your own insurance carrier on notice (assuming you have UM and UIM) that you may have a potential claim.
Good luck, and hopefully you will recover pretty quickly with no long lasting effects.
You also have to remember the statute of limitations. This varies from State to State. Here, it's two years. If, for some reason, your medical treatment is not completed before that time is up you can file a lawsuit to keep the case open. Of course at any time once the case is filed you can settle.
Since you have no idea of the other side's policy limits, nor of your own personal injuries, you may want to put your own insurance carrier on notice (assuming you have UM and UIM) that you may have a potential claim.
Good luck, and hopefully you will recover pretty quickly with no long lasting effects.
Statute of limitations here is 12 months.