NateBrookshaw
Junior Member
We live in Georgia and the incident occured in Georgia.
Approximately seven months ago, my mother was driving my grandmother back home after a doctor visit. At a 4-way stop, they were rear-ended by a vehicle that police estimated was going at least 45 to 50 mph in a 35 mph zone. There was no evidence the driver even attempted to stop or avoid the collision. The woman then got out of her car which was severely damaged and she was staggering. My mom went to help her thinking she was injured or in shock. The woman started swearing at my mom and my 87 year old grandmother and it was obvious she was under the influence of either drugs or alcohol.
When the police arrived, the woman refused a breatalizer test. She was arrested for her refusal in accordance with Georgia law. Blood tests taken shortly after they booked her showed three different prescriptions in her system that were not even prescribed to her. Two narcotic pain killers and a tranquilizer. We also found out that she had a DUI two years ago for driving drunk and there was an accident involved that time also.
My grandmother's car ('94 Cadillac) was determined a total loss. Against my better judgement, my parents finally accepted a settlement on the car that was well under book value on the car. The insurance company paid $3800 for a vehicle with a private party value of $5600. I wouldn't have settled for that, but they chose to.
The pending issue is the Personal Injury part of the claim. Georgia law requires a minimum of 25k/50k/25k liability which is all the other driver had. My understanding of that means they would pay up to $25k for property damage which is irrelevant since they settled on the car. That coverage also means they'll pay a maximum of $25k per person and a maximum of $50k total per accident, correct?
My mom has been treated for whiplash and has had severe headaches periodically since this happened. Of much greater concern, my grandmother also suffered neck injuries and her knee impacted the dashboard of her car when they were hit. She had extensive reconstructive surgery done on that same knee less than a year ago. She is still suffering from this particular injury. She has also been going to physical therapy twice weekly for the last three months at the order of her orthapedic surgeon.
This suffering and distress caused by this is magnified exponentially because my my grandmother was caring for my 92-year old grandfather who was dying of cancer. She refused to do the physical therapy at the time to be with him. Only after his death in April did she feel that seeking necessary physical therapy was possible.
We are at a loss on how to proceed with the claim for their injuries. My mom saw the orthapedic specialist twice, but her injuries were fairly minor although she was in pain for a while from the whiplash. My grandmother has seen the same doctor at least five times and had numerous x-rays and MRIs as well as the physical therapy and expensive medications prescribed by the doctor.
Far greater than the medical bills is the emotional pain they suffered because it happened while they were caring for my dying grandfather. They suffered physically because they would not neglect him in any way to attend to the injuries sustained in the crash. They both went the doctor only when I took a day off work to stay with him. Does this factor into what the insurance company should compensate them?
Based on this information, I'm hoping my grandmother will get the $25k maximum. My mom suffered less injuries, but could they still be work the additional $25k of the $50k maximum per accident?
My grandmother just wants this to be over and she has even told me she'd settle for them paying her medical bills. I want her to get every penny she can from them. If the woman who hit them had any assets, I'd be pursuing those as well. I was actually surprised when her insurance policy turned out to be valid.
My grandmother wants to avoid an attorney if possible and has told me she will NOT go to a courtroom. She's a devoutly religious woman and doesn't have the same desire that I and my parents do to bring this woman to justice and make her insurance company pay their full liability.
Would a demand letter to the insurance company or contacting their adjustor to discuss a possible settlement be the next step? If so, what information exactly needs to substantiate the amount (beyond actual medical expenses which we have completely documented)?
Thank you to anyone who can offer some insight on how I might proceed. I just want to get this worry off my grandma's mind and get her what she is rightfully due.
Kindest regards and gratitude,
Nate
Approximately seven months ago, my mother was driving my grandmother back home after a doctor visit. At a 4-way stop, they were rear-ended by a vehicle that police estimated was going at least 45 to 50 mph in a 35 mph zone. There was no evidence the driver even attempted to stop or avoid the collision. The woman then got out of her car which was severely damaged and she was staggering. My mom went to help her thinking she was injured or in shock. The woman started swearing at my mom and my 87 year old grandmother and it was obvious she was under the influence of either drugs or alcohol.
When the police arrived, the woman refused a breatalizer test. She was arrested for her refusal in accordance with Georgia law. Blood tests taken shortly after they booked her showed three different prescriptions in her system that were not even prescribed to her. Two narcotic pain killers and a tranquilizer. We also found out that she had a DUI two years ago for driving drunk and there was an accident involved that time also.
My grandmother's car ('94 Cadillac) was determined a total loss. Against my better judgement, my parents finally accepted a settlement on the car that was well under book value on the car. The insurance company paid $3800 for a vehicle with a private party value of $5600. I wouldn't have settled for that, but they chose to.
The pending issue is the Personal Injury part of the claim. Georgia law requires a minimum of 25k/50k/25k liability which is all the other driver had. My understanding of that means they would pay up to $25k for property damage which is irrelevant since they settled on the car. That coverage also means they'll pay a maximum of $25k per person and a maximum of $50k total per accident, correct?
My mom has been treated for whiplash and has had severe headaches periodically since this happened. Of much greater concern, my grandmother also suffered neck injuries and her knee impacted the dashboard of her car when they were hit. She had extensive reconstructive surgery done on that same knee less than a year ago. She is still suffering from this particular injury. She has also been going to physical therapy twice weekly for the last three months at the order of her orthapedic surgeon.
This suffering and distress caused by this is magnified exponentially because my my grandmother was caring for my 92-year old grandfather who was dying of cancer. She refused to do the physical therapy at the time to be with him. Only after his death in April did she feel that seeking necessary physical therapy was possible.
We are at a loss on how to proceed with the claim for their injuries. My mom saw the orthapedic specialist twice, but her injuries were fairly minor although she was in pain for a while from the whiplash. My grandmother has seen the same doctor at least five times and had numerous x-rays and MRIs as well as the physical therapy and expensive medications prescribed by the doctor.
Far greater than the medical bills is the emotional pain they suffered because it happened while they were caring for my dying grandfather. They suffered physically because they would not neglect him in any way to attend to the injuries sustained in the crash. They both went the doctor only when I took a day off work to stay with him. Does this factor into what the insurance company should compensate them?
Based on this information, I'm hoping my grandmother will get the $25k maximum. My mom suffered less injuries, but could they still be work the additional $25k of the $50k maximum per accident?
My grandmother just wants this to be over and she has even told me she'd settle for them paying her medical bills. I want her to get every penny she can from them. If the woman who hit them had any assets, I'd be pursuing those as well. I was actually surprised when her insurance policy turned out to be valid.
My grandmother wants to avoid an attorney if possible and has told me she will NOT go to a courtroom. She's a devoutly religious woman and doesn't have the same desire that I and my parents do to bring this woman to justice and make her insurance company pay their full liability.
Would a demand letter to the insurance company or contacting their adjustor to discuss a possible settlement be the next step? If so, what information exactly needs to substantiate the amount (beyond actual medical expenses which we have completely documented)?
Thank you to anyone who can offer some insight on how I might proceed. I just want to get this worry off my grandma's mind and get her what she is rightfully due.
Kindest regards and gratitude,
Nate