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Auto Insurance Claims/Accident Inquiry: Settlement
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Question
Dear Mr. Painter,
I was involved in a rear-end collision last august. I was not at fault and the drive behind me was a disabled driver (Hearing impaired). Long and the short of it, USAA (His INS company) paid to fix my vehicle in full (satisfactory). I am have recently finished my the Physical Therapy for my back and am now waiting on the medical settlement. I have consulted my family lawyer, however, since my back was sprained and not truly injured I decided to hold off filing a full blown case. The medical bills totaled to just over 4500$ of which; PIP covered 2500 from my insurance and then my medical insurance has picked up the vast majority of the remainder. How much should I expect the settlement offer from USAA to be? What's fair and what should I be concerned most about?
Regards,
-Shawn
Hello,
There are many things here you have not addressed. Your age, your general health, how hard the impact was etc.
I would tell you from experience, give it as long as you can as per state statutes and don't just grab the money.
Its good you have an attorney.
I was rear ended 13 years ago at 60mph while waiting for a red light. I was 45 years old and relatively healthy. My case was great. I got hit by a school bus with no kids, by a convicted felon. I had an accident reconstructionist.
The nature of my injuries now after 13 years is that I border on the use of a wheel chair. I have 10 herniated or bulged discs and two totally destroyed knees.
My case went south because my expert chiropractor forgot to tell me he was going to prison for tax evasion.
After everything was paid, the attorney, the med bills, I ended up with $40,000. Lost my business, went through a divorce after being married 20 years and have very little material things left.
I saw this coming in 1999-2000. I predicted it. I hate it when I am right. I am now on social security disability because of my physical condition, all because of a jerk doing dope and not paying attention.
I am fortunate though because I still can share my knowledge with people.
Don't be concerned about me, but realize this can happen to you! Originally I was told my back and neck only had sprains. If I would have gotten proper medical assistance at the time, things may be different.
Be darn sure that you don't have a disc problem in the neck or back. If you still have pain, go to a chiro or a good doctor and get MRI's. This is nothing to screw with and you need to look out for your future.
You say you were not truly injured. Are you sure? It doesn't take much from a rear end collision to do soft tissue damage.
My ex-fell off a ladder. The company doctor called her neck injury a sprain. She had 2 painful herniated disc surgeries on her neck. She is on heavy duty pain killers and still not fixed!
You need to ask your attorney for settlement amounts. I have no way of knowing all your facts.
I am just telling you to make sure you are not injured and that something won't rear its head in the future.
Good Luck!
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Answers by Expert:
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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