You are here:

Auto Insurance Claims/Do I settle or do I have a court case

Advertisement


Question
i am 46 a double above the knee amputee-may 27 2009 i was in my van in my alley behind my house -went down a bit a guy was in his car didn't move so i parked behind him got my wheelchair out of van (no lift take chair in & out my self sliding door# got in chair turned & went forward & the guy backed up hit me & drove away no stopping-i got hit left side of body -broke my chair frame in half when bumper hit me i heard & felt a pop in way upper back.
called cop went to doc next day-hurt back-schoulder-arm-bruises-pain-hip.Had MRI showed T-11-12 disc buldge-surgeon said if i didn't have so many medical problems surgery would help-wanted me & did physical therapy-chiro did nothing feels better.
insurance sent me to there doctor he said no other treatment needed-& said preexisting injury just aggravated old injury.#7 years ago when had a mri of back for low back surgery there doctor said  it showed the bulge at same level which I never had any other back problems no pain in that area never no treatment for that until the accident).farmers paid $14,000 in my medical bills but now closed the payment part of claim.So they sent me a offer & I have said no i have sent them demand letters & they all say not a dime hire they said only  aggravated old injury & there doctor says- but my doctor says he is wrong.
What do I do I feel I have no treatment for back 7 years show it says before accident I was fine-no i can't do lots of things be cause of pain & now pain going down arm. They tell me they need this info I get it for them than say our offer-I have policy limit $100,000-Farmers Insurance says they will do the best for you & when you need them they treat you like crap. i know they want to save money that's there job can you give me any secrets to write them.They are very rude saying because I have fallen out of my chair different times i said I am independent sorry if i want to go out in the world & live, people that have legs fall to.
Please give me your awesome advice-I live in wells Minnesota for limit, I have not gone to other medical help because no one will pay the bills. i have surgeon & my primary doc each wrote letter saying this accident caused my pain.Thanks, for your time & have a great day. Carmen

Answer
I recommend that you visit with a couple of local personal injury lawyers who can evaluate your case.  There is no simple answer and I do not have enough information to provide a proper evaluation of the value.  Most attorneys will provide a free initial consulatation, and only charge you a fee as a percentage of your case, if you win in court.  They usally charge between 30-40% of the award.

Choose your attorney carefully.  Do not hire one of the TV lawyers as they are usually low quality.  Ask freinds for a referral, or check with the state bar association for a referral.

There are no secrets to convincing them - the insurer is trying to evaluate your clam and they just have a different opinion of the value.

Auto Insurance Claims

All Answers


Answers by Expert:


Ask Experts

Volunteer


Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

©2012 About.com, a part of The New York Times Company. All rights reserved.