• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Going at it alone: What all do I need to submit? Demand letter? Discovery of limits?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

firstwreck

Junior Member
What is the name of your state (only U.S. law)? TN

You can see my previous thread if you want more info on what happened. The gist, is I was injured in an accident on a motorcycle, where the other party, in a car, was at fault. I ended up with a screw in my wrist. After back and forth with progressive, they've determined fault and are now seeking to make me an offer.

Unless things get hairy, I'm not getting a lawyer.
I want to see the offer they make me.
If it's at policy limits, then I'll negotiate subrogation with Blue Cross Blue Shield, who paid all my medical bills, and be done.
I have questions on how to proceed.

1. Online it shows that fault was determined, but it doesn't say the percentages. Can I request this?

2. Can I request discovery on the policy limits of the other party?

3. Should I send my own demand letter?

4. I'm currently including the following. Should I include any more?
~13k in medical expenses (ER, Doctor visits, Xrays, temp cast, surgery, brace, follow ups, physical therapy)
~3k in lost wages
~5k in future lost wages (physical therapy visits)
~10k in future medical (any possibility of additional surgery, all physical therapy, etc,)
~anything else??
Sub-total: ~31k
Pain & Suffering: ~46.5k (1.5x multiplier)
Total for Demand Letter: ~77.5k (I'm hoping they will settle on policy limits, likely 25k. Doubtfully 50k)

5. They sent a medical records release form to me. I've asked to have it reworded to restrict it to all medical for the last year, instead of for all time.
Is it OK to sign this?
Is there any reason I should collect this info on my own?
Am I doing any damage to possible subgroation claims by letting progressive talk to Blue Cross?
(Note: my consultation lawyer said this was pretty standard and it shouldn't be a problem)

Anything else I need to cover in order to get them to offer me a fair settlement?
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? TN

You can see my previous thread if you want more info on what happened. The gist, is I was injured in an accident on a motorcycle, where the other party, in a car, was at fault. I ended up with a screw in my wrist. After back and forth with progressive, they've determined fault and are now seeking to make me an offer.

Unless things get hairy, I'm not getting a lawyer.
I want to see the offer they make me.
If it's at policy limits, then I'll negotiate subrogation with Blue Cross Blue Shield, who paid all my medical bills, and be done.
I have questions on how to proceed.

1. Online it shows that fault was determined, but it doesn't say the percentages. Can I request this?

2. Can I request discovery on the policy limits of the other party?

3. Should I send my own demand letter?

4. I'm currently including the following. Should I include any more?
~13k in medical expenses (ER, Doctor visits, Xrays, temp cast, surgery, brace, follow ups, physical therapy)
~3k in lost wages
~5k in future lost wages (physical therapy visits)
~10k in future medical (any possibility of additional surgery, all physical therapy, etc,)
~anything else??
Sub-total: ~31k
Pain & Suffering: ~46.5k (1.5x multiplier)
Total for Demand Letter: ~77.5k (I'm hoping they will settle on policy limits, likely 25k. Doubtfully 50k)

5. They sent a medical records release form to me. I've asked to have it reworded to restrict it to all medical for the last year, instead of for all time.
Is it OK to sign this?
Is there any reason I should collect this info on my own?
Am I doing any damage to possible subgroation claims by letting progressive talk to Blue Cross?
(Note: my consultation lawyer said this was pretty standard and it shouldn't be a problem)

Anything else I need to cover in order to get them to offer me a fair settlement?
Please keep all your questions in the same thread. :cool:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top