Expert: Doctor Settlement - 5/27/2006

Question
I was involved in an accident on 5/12/06. I was proceeding northbound in the left hand lane which allows the drivers to make a left turn at the signal or proceed straight thru the light. the other driver was in the right hand lane which was a right turn only lane. At the point in which my car was struck the other driver must have realized that they were in the wrong lane and began to turn left hitting my right passgener front. the damages to my veechile total 4857.00. my car is 96 3.2 acura t.l and policy is with geico in which i changed my policy back in march to liabilty. after the police arrived the driver n her passenger gave there verizion of what happened caliming we both were in the turning lane. well that was the story given by the passenger since the driver was much older and very frustrated and im assuming upset. so much it took 10 mins for her to figure out where her registartion was. I have heard anything from either geico or erie which is the other partys insurance carrier. my ? is how long does this process of liabilty investigation take, and how do i go about getting the damages to my vechile repaired. the damages to the other vechile which is much less than mines is currently being denied by geico. will i eventually have to pay to have my own car fixed.. and how can this process be speeded up because its a major pain not having my vehile.  

Answer

Dear Donna,

First, if you have rental car coverage on your own policy, get it going NOW, irrespective of what happens with repair of your car.

If what you told me is correct, then the other driver is negligent and is responsible for 100% of the damage to your car and to your person.  Do not accept anything less than that.  The physical damage supports liability in the other driver.  They hit YOU one-third the way back and since you were not turning into their lane, it is obvious that they tried to make a turn into your lane.

You can get the officer's report to see who she thinks was liable.  Obtain & supplement or CORRECT THE INVESTIGATING OFFICER'S Auto Accident REPORT http://www.settlementcentral.com/page0059.htm  Auto accident police reports ARE NOT BINDING UPON THE PARTIES as to who is "at fault" per the officer.  Of course they will give one party a leg up in arguing for liability, but since THE OFFICER CANNOT TESTIFY WHICH PARTY SHE THINKS IS AT FAULT, her opinion is not admissible at trial.  


Fax a letter to Erie telling them you want your car repaired ASAP and that you will be needing a rental car.  Take your car to any body shop you want to get a second opinion on damage if you want.  

Assuming you have already made a claim versus the tortfeasor's policy, if Erie does not respond with 24 hours, then make a complaint to your state insurance commissioner http://www.settlementcentral.com/links.php  They needed to get back with you long before now..  

As for your car and payment for items or repairs or other damages, Car Accidents: Totaled, Repair, Valuation, Your Insurance Claim Rights http://www.settlementcentral.com/page0007.htm


Another topic is the probability that you sustained some soft tissue injuries.  With that kind of property damage it is likely that there was more than sufficient trauma to cause soft tissue injuries.

Many people want to ignore that little nagging pain that comes after a full day at work or after doing spring yard work or other outdoor activities.  They do not realize that often times soft tissue injuries do not manifest until weeks later.  

There may be a dull ache at night following some physical activity or pain the next morning.  DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY.  We all hope and believe that such little pains will disappear soon.  But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.  SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION.  It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm


Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm


"No medicine: no money"; medical costs increase value of personal injury claims http://www.settlementcentral.com/page0045.htm


FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Communicate with the adjuster in writing, showing your own analysis of value. It is fine to speak over the phone, but have your ammunition in writing to give to the adjuster.

Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.

Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D.
http://www.SettlementCentral.Com