Upset in California

[Fresno]

What is the name of your state?California

My wife was injured in a traffic accident in March 2004. My insurance company paid to repair the vehicle. However I still have a balance of $289.
for rental I paid over the 30 days allowed by the policy.

Question: Can I recover funds? The repair took 50 days and my rental coverage was for 30.

Now her injuries of Whiplash and Fractured collarbone have accumulutated up to $2,800 and they have offered $500 over that.

Question: Is it advicesable to request a copy of the other drivers declaration who hit my wife and admitted 100% fault before we negotiate? What is the customery pay out in this type of case?

Any additional help greatly appreciated.......

 

[stephenk]

"Now her injuries of Whiplash and Fractured collarbone have accumulutated up to $2,800 and they have offered $500 over that."

Who are "they"?

 

[JETX]

Can I recover funds? The repair took 50 days and my rental coverage was for 30.

That would depend entirely on what delayed the repair beyond the 30 days.

Is it advicesable to request a copy of the other drivers declaration who hit my wife and admitted 100% fault before we negotiate?

The declaration has no value. By making an offer, the insurance company is admitting liablity by their policyholder.

What is the customery pay out in this type of case?

Each one is different. There is no way to 'guess' what might be fair in your case.

 

[Fresno]

Answer

"Now her injuries of Whiplash and Fractured collarbone have accumulutated up to $2,800 and they have offered $500 over that."

Who are "they"?

Yes the other insurance company offered 500 over the 2,800....

 

[Fresno]

That would depend entirely on what delayed the repair beyond the 30 days.


The declaration has no value. By making an offer, the insurance company is admitting liablity by their policyholder.


Each one is different. There is no way to 'guess' what might be fair in your case.

I have been told that 3x the medical is customery, is that true?

 

[JETX]

I have been told that 3x the medical is customery, is that true?

Not any longer. The insurance company's have gotten MUCH tougher on their settlements and usually offer a 'token' amount over the actual expenses. The only way to increase them substantially, if at all, is to go through the long process and expense of litigation.
The old days of a 'windfall settlement' on a PI claim, at least without litigation, is long gone.