A
AttorneyPlease
Guest
What is the name of your state? TN, but was living across border in VA when accident happened June 18, 2003.
This is a case I had posted at www.LegalMatch.com for about a week, with no answers........
First let me say, I am in the process of moving to the TN side of Bristol, and with so much going on, I almost settled with $1800 pain/suffering + paid medical (I would have to pay my $250+ prescriptions out of that).....But, I really feel that this adjuster is being unfair.
Accident happened like so....I pulled out from the light going straight, got up to approx 25mph & she, in an Expedition, pulled out right in front of me. There was, maybe, a car distance between us when she pulled out in front of me. Hitting her was like hitting a brick wall. (Everyone had seatbelts on.) My fiances car totalled, airbags exploded, I was shocked. Her Expedition had nothing but a small dent on the right, rear fender wall, and scratches on the hub cap. It was definately determined her fault & police made reports. She was able to drive away easy. I couldn't drive for weeks and still am very tense when riding in a vehicle. Even had nightmares that awoke me, startled, for a while. I am still in pain (Lower back pain, Upper back pain, Neck pain, Headaches, Difficulty sleeping), therapy doesn't help, my prescriptions don't help, I am unable to conduct some everyday tasks without worse pain. I have 4 children, 2 of which are young and don't understand why mom can't pick them up as usual. I've had to see doctors/therapist & really should still be, but I have soooo much going on right now (moving, divorce from 6 year seperation, kids school things, appts....just imagine.) It seems more of an inconvenience and waste of valuable time, considering the therapy creates more pain and I would refuse surgery if ever offered. Doctors did x-rays, but say whiplash symptoms. Should it still hurt?
Basically I need advice on my options. Should I settle with the offered settlement, demand more, take it to court? I just don't know what to do. Is my case worth taking to court?
Case difficulty:
*The insurance adjuster had me sign a paper on 29th Aug. to free the insurance company from any more medical after Oct. 18, 2003. The limit is $7500.
*He also had me sign a paper (the same day) to allow access to my medical records, but only for the purpose of "getting my bills" so he can "get them paid", which none have been paid yet. (The paper did not state that it was only for specific dates or issues; HE stated "just concerning the accident visits".)
*The totalled car, my fiance's, has been settled. (Of course for less than worth)
*My mother's case, (front passenger with me) was settled for $800 pain/suffering + over $500 medical paid. She had to wear a brace on her arm 2 weeks...badly bruised/swollen wrist. Doctor said, could be fractured under all the swelling, but hard to tell.
MORE FACTS:
No work missed
$3105.52 medical bills
There are witnesses, but they would need to be contacted at Taco Bell. There are employees who witnessed the accident.
**********
NOW, the update......
I talked with the adjuster over the phone this morning. I told him I think it's only fair that I get the same amount for pain and suffering as my medical bills are. He said I was certainly entitled to my opinion, but the same offer stands. I then told him I will be contacting my lawyer. He said "well that's not going to raise the amount" & "have him contact me".
Now, my question is the same as above......in your opinion, what should I do?
This is a case I had posted at www.LegalMatch.com for about a week, with no answers........
First let me say, I am in the process of moving to the TN side of Bristol, and with so much going on, I almost settled with $1800 pain/suffering + paid medical (I would have to pay my $250+ prescriptions out of that).....But, I really feel that this adjuster is being unfair.
Accident happened like so....I pulled out from the light going straight, got up to approx 25mph & she, in an Expedition, pulled out right in front of me. There was, maybe, a car distance between us when she pulled out in front of me. Hitting her was like hitting a brick wall. (Everyone had seatbelts on.) My fiances car totalled, airbags exploded, I was shocked. Her Expedition had nothing but a small dent on the right, rear fender wall, and scratches on the hub cap. It was definately determined her fault & police made reports. She was able to drive away easy. I couldn't drive for weeks and still am very tense when riding in a vehicle. Even had nightmares that awoke me, startled, for a while. I am still in pain (Lower back pain, Upper back pain, Neck pain, Headaches, Difficulty sleeping), therapy doesn't help, my prescriptions don't help, I am unable to conduct some everyday tasks without worse pain. I have 4 children, 2 of which are young and don't understand why mom can't pick them up as usual. I've had to see doctors/therapist & really should still be, but I have soooo much going on right now (moving, divorce from 6 year seperation, kids school things, appts....just imagine.) It seems more of an inconvenience and waste of valuable time, considering the therapy creates more pain and I would refuse surgery if ever offered. Doctors did x-rays, but say whiplash symptoms. Should it still hurt?
Basically I need advice on my options. Should I settle with the offered settlement, demand more, take it to court? I just don't know what to do. Is my case worth taking to court?
Case difficulty:
*The insurance adjuster had me sign a paper on 29th Aug. to free the insurance company from any more medical after Oct. 18, 2003. The limit is $7500.
*He also had me sign a paper (the same day) to allow access to my medical records, but only for the purpose of "getting my bills" so he can "get them paid", which none have been paid yet. (The paper did not state that it was only for specific dates or issues; HE stated "just concerning the accident visits".)
*The totalled car, my fiance's, has been settled. (Of course for less than worth)
*My mother's case, (front passenger with me) was settled for $800 pain/suffering + over $500 medical paid. She had to wear a brace on her arm 2 weeks...badly bruised/swollen wrist. Doctor said, could be fractured under all the swelling, but hard to tell.
MORE FACTS:
No work missed
$3105.52 medical bills
There are witnesses, but they would need to be contacted at Taco Bell. There are employees who witnessed the accident.
**********
NOW, the update......
I talked with the adjuster over the phone this morning. I told him I think it's only fair that I get the same amount for pain and suffering as my medical bills are. He said I was certainly entitled to my opinion, but the same offer stands. I then told him I will be contacting my lawyer. He said "well that's not going to raise the amount" & "have him contact me".
Now, my question is the same as above......in your opinion, what should I do?