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Delay in settlement ?

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dargerfarms

Junior Member
What is the name of your state (only U.S. law)? Indiana
In April 2008 I was t-boned by a teenager who ran a stop sign. A ticket was issued, and her insurance company admitted fault, are (supposedly upon settlement) paying medical bills (no lingering physical ailments due the accident) and the car damage. We are negotiating settlement. I was sent flying 150 feet into a cornfield, and the EMTs let (!) me walk out with my son (it was spring and muddy - too wet for them to come and get us!). Three questions for you: 1. Three of my Chrysler Town and Country tires were ruined, and replaced by the insurance company. The manufacturer no longer made those tires, and the insurance won't pay for the fourth tire. So it's either mismatched tires (not), or I'm out $117.00. 2. I am a contractor with one client. If I miss "work", then I have to make it up. However, there is no record of lost wages, just having to work on weekends/evenings to make up the work. I don't have a "personnel file" so cannot sign the waiver giving them permission to look at one. So the insurance company is balking at reimbursing lost wages. 3. My lined, $200.00 suit, leather boots, etc. were ruined! The insurance company will not reimbursement me unless I have original receipts. These items were purchased a year or so ago, and I don't have an original receipt. So they are offering $500 in settlement ($117.00 goes to the tire). I do not believe this is adequate for the meetings I missed, my three days out of work, my son missing 1 1/2 days of school, or travel to/from the physicians and emergency room. Oh, they won't pay the medical bills until after we settle, so now I'm getting letters from the hospital, etc. any advice? Thanks so much - - -
 


ecmst12

Senior Member
1. Pay your medical bills and wait for reimbursement, the insurance company is going to pay you (rather then the doctors) anyway.

2. The tire is not part of the accident, mismatched tires wouldn't kill you and if you really want them to match that's on you. They are not responsible for this charge.

3. If you made up the time you missed by working other days, then you have no lost wages. You would have to show you lost MONEY from your paycheck from this.

4. You are only entitled to the depreciated value of the clothing that was ruined anyway. Find an advertisement for the same or similar items new and settle for 50-75% of the cost.

5. If you don't like what they're offering, ask for more, but don't expect a LOT more since your injuries were obviously minor and resolved completely.
 

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