Advice please!

[tiradora]

What is the name of your state? California
On 1/21/2003 I got rear ended with only minor damage to my car wich the otehr driver's insurance paid for, but I end up missing 5 days of work, since this happen while driving during working hours the worker's comp. insurance paid for my time off and my medical bills.
But now that is time for our worker's comp. insurance to recoup it's medical expenses that amount to almost $1200.00 the other driver's insurance offers me a settlement of $1000.00 wich it would go directly to the medical expenses.
If my math is correct I'll be -$200.00, from the beguinning I have not being interested in making any money out this incident but should I be penalised for being rear ended and going to the doctor?
Any advice will be deeply appreciated.
Thanks.
Tiradora.

 

[lwpat]

The other driver's insurance is liable for your medical bills, lost time from work and pain and suffering. If you were paid from workmens comp then you are liable for repaying that from any settlement. If you had 1200 in medical bills the insurance company is not being fair. I personally would not settle for anything less that 4800 (1200 medical x 3 for pain and suffering) plus lost wages.

The workmens comp insurance should be going after them, not you. Talk directly to the workmens comp adjuster handing the claim.

 

[tiradora]

Thank you Iwpat,
Is there a template I could use to type and send a respose to this people just in case I do not get any support from the worker's comp. people?

 

[stephenk]

if your workers compensation carrier paid all of the medical bills, you can be sure the bills were reduced before payment was made to the medical providers. Example: doctor bills $200 for exam, WC pays $100 and doctor accepts it as total payment.

speak with your WC carrier about who is handling your WC claim. That particular adjuster is probably trying to settle with the other driver's carrier.

If you dont want anything out of the case, let your WC carrier deal with the other carrier.

Oops, forgot to ask. Do you have your own PI attorney handling your claim?

 

[stephenk]

$1200 in medical treatment for soft tissue injuries will never result in a $4800 settlement. More in the $2k to $2,500 range.

 

[tiradora]

No Stephenk, I do not have a PI attorney, is that I never pursue any money for myself but it pissed me off to know there are hundreds of fake cases out but when a legit one comes along( and without an attorney) the insurance companies try to take advantage of you.
All I really wanted was to have all the medical bills paid off, but know I don't know what to do anymore.

 

[lwpat]

The limit for small claims in CA is 5000 and this is fairly easy to do if you are not satisfied with their offer. You do not need an attorney and the insurance company will likely increase their offer once you file. If you did not go to the emergency room at the time of the accident that might be the problem with the low offer.

I had a very similar incident with 1600 in medical. State Farm would not pay anything and the adjuster told me that since I did not go to the emergency room I could not have been injured in the accident. In a jury trial in small claims I was awarded 5000. It depends on the extent of the injuries and how well you present yourself on the stand.

I had offered to settle for just the medical but they refused. I would not put anything in writing to them and I would not make any recorded statements. Just file the suit or retain a PI attorney to negotiate for you but they cannot go with you to small claims.

Here is a link for small claims info.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm

 

[tiradora]

Thanks Iwpat,
My worker's comp rep. contacted the Insurance company and they told her the same, I just call the insurance co. again and told them I would settle for $2000 or That I would take them to small claims court. Their rep. made a notation of this but said that was all they where willing to offer.
Should I write them a letter so I would have a copy of it or just file a claim? by the way I did go to the emergency room. I have no bills myself the workers comp. have them, would I need them?
Thanks to all

 

[lwpat]

Yes, you will need all of the charges and any medical records. Your claim has to be based on damages. IF you were out of work you will need a statement from the doctor.

 

[tiradora]

This is a letter I intent to send the insurance co. Any sugestions?

This letter is to put you on notice (as one of the acting agents of Team 1 handling this case) that I have a claim against your company XXXXXXX for the incident noted above.


The claim has not been resolved and unless it is resolved within 10 days from the date of this notice, I intent to bring suit against your company for the lost of wages, pain and suffering to the maximum permitted by law in a small claims court.
Please note that I have tried to resolve this matter in the friendliest atmosphere possible, but I have only received an offer from your company for an amount much less than what the medical bills amount to.


To resolve this dispute or claim, I am willing to settle for the following: $2000.00 this amount would include payment for my medical bills, lost of wages, pain and suffering.
This offer is good until November 7, 2003.


Unless resolved in accordance with the terms of this letter, you will be served with my Court Complaint.


Your attention is appreciated.

 

[lwpat]

You cannot sue the insurance company. You have to file suit against the other driver.

 

[tiradora]

Is that So?

So I send the letter to the driver but who will pay granted I win the case? I thought that is why you buy insurance? It goes to show you how little I know about this things.