• 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.

Am I being taken by "his" Insurance Co.

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

J

Jontue

Guest
My daughter was rear-ended and suffered severe pain and headaches for about 6 mo.'s. She had to wear a neck brace for a month and couldn't work her job's till released from the doctor which took 71/2 mo.s. His insurance co offered to pay her medical, her car, and give her $1,000.00, none of her wages or anything for pain and suffering. Her wages totaled $1,696.00. Is there something wrong with this picture? What steps do I take next to make this right?
 


L

lawrat

Guest
I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.


It does seem like you are taken for a ride:

these are the things you should ask for and get, but before i list them, please read the "Accident" main heading and "auto" subsection at the freeadvice.com home page. Also, read "Insurance" law and "auto" and "insurer's bad faith" subheadings at the same home page:

You need to ask for:

1. General Damages: Auto repair/replace/loss of value...you ask for higher value, they will try the lower value, go from there and wind up in the middle. Don't give in.

2. Special Damages: Medical bills, including past, present and reasonable future expenses (therapy, reconstructive surgery, check ups, etc). Again do not give in easily.

Lost wages (give exact amount) and also calculate the amount she could not work (the 71/2 months not able to return to work?)
3. Pain and suffering: a reasonable amount

Hope this helps.
 
1

16952

Guest
Hi Jontue- please ask at www.tbilaw.com-
Although I was not in MN, they answered my questions within a day, and please don't settle with the insurance co. until you do. The kind of damage your child sustained may not be evident for some time. You may be forever barred from future recovery if you do.
A nurse sustained like injury, went back to work, and found she could not, settled for 150K, over a year after injury
An over the road truck driver (me) sustained what was at first supposed to be minimal damage in a roll over accident. Later developed blackouts, seizures, due to 'shear'of brain nerves. Now with an IQ reduction from 141 to 100, I've lost any opp. to work in gainful employment.
As you locate help from an attorney, keep a
journal, any subtile changes in her? personality? behavoir? attention span?
I'm concerned about her headaches.
Prayers for her, and your family- KD
 
J

Jontue

Guest
Thank you both so much for your answers. I did feel like his offer of $1,000.00 was a slap in the face. Esp. because her wages were more than that. With her not being able to participate in any summer activities, not even long car trips (so much for a family vacation). How do you put a price on a 16 year olds "summer"? Thank you so very much. One more question, do we/should we have to write a letter of demand before hiring an attorney?
 
1

16952

Guest
Why not let an attorney handle the demand letter? The attorney you work with can give you the best advice, and I don't think there are as many as some think out there think, lawyers have gotten a bad rap, usually by those that LOSE an arguement in court againest them. Good Luck.!!
 
J

Jontue

Guest
Thank you all so very much for your help. It is greatly appreciated. We talked with a few lawyers today and one in particular was very helpful. She told us how to write the letter of demand and an acceptable dollar value that we should ask for. She then told us if they denied our plea she would take our case and go after the insurance carrier and their client. So I think we are in a forward motion now. Thanks again.
 

Find the Right Lawyer for Your Legal Issue!

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