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Auto Insurance Claims/87yr old man runs redlight, hits my car

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Expert: - 5/6/2009


Question
An 87 yr old man ran a stop light and T-boned my vehicle in the intersection totaling my car. I had to be extracted from the vehicle. I am currently in negotiation for settlement with my insurance adjuster. I have written my original demand. I inflated the demand aprox. 6.5 times the medical amount, demanding $38,000.00 and change. The police report clearly state I was not at fault. This was soft tissue injury, whiplash/contusions. 14 physical therapy sessions, medical from Oct to Jan.  The insurance adjuster offered originally $6000.00, then, $8500.00, now $9000.00. How far should I push? I lowered my demand to $25000.00 after her 8500.00 offer. How much more should I push? Total medical was aprox. $6000.00. My demand package included lots of losses of experiences, and graphic pain and suffering, with mental aftermath continuing to date. With pictures of injurys, and damage to vehicle.
Thank you,
Janice

Answer
Hi Janice,

Being a previous car crash accident victim in which I was rear ended while stopped at a red light at the end of an expressway ramp by a school bus 12 years ago, I would tell you to hold off and get an attorney to work a contingency with you.

Rarely do these cases go to court and plainiff personal injury attorneys can get you better money.

Sure, there are things we can maximnize by ourselves, but the insurance game is not one that you are probably not real familiar with.

I have worked against insurance companies for 12 years and as a general rule, they are hard nosed and will do anything possible to keep every dime.

12 years ago, I never thought of what the future would bring. I have 9 herniated discs and both knees are shot--all from the accident and then arthritus set in. Physically, it is difficult for me to walk stand or lie for any period of time. In a scale of pain with 10 being the worst, I commonly sit at a 7 or 8.

What you need to look at is long term. Even $38,000 is very little and that was your high estimate. If you end up reimbursing the medicals, what are you left with.

The other problem is you are now damaged goods. In medical terms, you have pre-existing injuries that may not be paid by a future carrier.

I don't like the fact that an attorney will get 33%-50% of the gross, however, if a good well known firm, you might get real money.

The insurance companies hope you are looking at short term where they can nickel dime you. You need to look at the future.

I have seen many people settle for paultry sums to pay immediate bills or better yet to go out and blow the money on a new car.

You asked my advise and all I am saying, do some attorney shopping and see if they can do much better than you are doing. I realize you are trying your best, but attorneys are used to playing the insurance games.

Good Luck

Rob

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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