Check me, if I am off base in my thought process. Rear end accident.

[txdakotagirl]

I am in Texas.

My wife and I were driving home and exited highway, coming to stop at yield sign as their was a car in front of me.
Car at yield sign, went and I rolled forward and came to stop pending the next clearing. Car behind me assumed I went, and rolled through yield sign.
She hit my bumper and the right corner of the bed of my truck as I was angled at yield sign since it splits of service road. We both pulled over and since both vehicles still operating we exchanged information and parted ways, police were not called so no report.

My vehicle 1999 Mazda B4000 4x4 bumper twisted/crimp in the corner of the body.
Her vehicle 2017 or new mustang hole in bumper, crimp to hood, pushed in and broken grill
I list vehicle damage just to show she was going fast enough to do damage.

So come the next day, expected injuries appeared of sore back, neck and also had headache. I did not seek medical attention at this point hoping it would improve. So neck worsened, headache continued and I started to have intermittent numbness of left arm. I took the day off on Friday and went to convenient care (non primary doctor office cost, similar hours to urgent care). Multiple x rays later, neck strain diagnosed and the natural bend in spine at neck noted as not there so typical with that type of neck injury. Possible numbness in arm related to neck as well as head. Convenient care doctor gave me injection of Toradol and stated if it did not get rid of headache may be post concussion syndrome. Doctor also placed me on 10 day run of muscle relaxer. Wife did not seek medical attention and took 4 days off work as her back was hurting.

I did take my truck to body shop on Friday(independent estimate) and the body shop stopped counting at 1700 and advised it would be about the repair threshold the truck worth about 2600 in fair condition, 4000 in good and she is a long way from that LOL but still a good truck. USAA insurance called me that day as well and confirmed driver claimed responsibility for damages.

The following week spoke with Usaa again(Monday), declined vehicle inspection as I was not wanting the truck totaled out. The claimed switched to another adjuster who call me the next day(Tuesday). I returned his call and left message and he called me the next day willing to settle for damages. I advised of neck, arm and continued headache. Based on my copay and medication he offering 500.00 for inconvenience, no open allowance to continue care. I choose not to total my vehicle, and now I am walking away with damage I can't fix. I was responsible enough to carry health insurance granted lower medical bills for USAA to pay. I feel like I am not getting a fair shake on the made whole aspect. I was not looking to sue or get lawyer. Am I expecting too much?

 

[PayrollHRGuy]

Your options are to take the settlement, try to negotiate a better one or sue the driver that hit you.

 

[Zigner]

If you sue the driver that hit you, the maximum you are going to get is the actual value of your truck just prior to the accident, even if the cost to repair exceeds that. In other words, you'll get the same for your truck as the insurance company appears to be offering. Another option would be to offer to accept a slightly lower amount from insurance, but you would keep the truck. In essence, you're buying the truck back from them (as a salvage vehicle).

As for your injuries...you are asking for an allowance for "continue care" (I'm assuming you mean "continued" or "continuing" care). Have you actually had any additional care?

 

[txdakotagirl]

If you sue the driver that hit you, the maximum you are going to get is the actual value of your truck just prior to the accident, even if the cost to repair exceeds that. In other words, you'll get the same for your truck as the insurance company appears to be offering. Another option would be to offer to accept a slightly lower amount from insurance, but you would keep the truck. In essence, you're buying the truck back from them (as a salvage vehicle).

As for your injuries...you are asking for an allowance for "continue care" (I'm assuming you mean "continued" or "continuing" care). Have you actually had any additional care?

Agreed, continued care is what I meant thank you Zigner. 1 week out from initial appointment, provider looking to order PT if no improvement with neck, but have not completed additional visit. I declined the salvage title option as I like to have full coverage insurance on truck, since this area has a high rate of uninsured drivers. Just wondering if I have much negotiating room to increase offer.

 

[Zigner]

Agreed, continued care is what I meant thank you Zigner. 1 week out from initial appointment, provider looking to order PT if no improvement with neck, but have not completed additional visit. I declined the salvage title option as I like to have full coverage insurance on truck, since this area has a high rate of uninsured drivers. Just wondering if I have much negotiating room to increase offer.

There are two components to this. First is property damage (your truck) and there isn't much "room" except for proving that the truck is worth more than they are offering. Second is injuries. Frankly, your injuries don't sound like much, certainly not enough for you to be concerned about another visit with the doctor, and your wife didn't even bother with an initial visit.

 

[txdakotagirl]

There are two components to this. First is property damage (your truck) and there isn't much "room" except for proving that the truck is worth more than they are offering. Second is injuries. Frankly, your injuries don't sound like much, certainly not enough for you to be concerned about another visit with the doctor, and your wife didn't even bother with an initial visit.

I will take that under consideration, as I have no hard injuries. It is not that I am not concerned, doctor advised to finish out medication before moving onto additional options. Thanks again.

 

[Zigner]

I will take that under consideration, as I have no hard injuries. It is not that I am not concerned, doctor advised to finish out medication before moving onto additional options. Thanks again.

Fair enough. Seeing as you haven't even finished the current course of treatment, it would be premature to try to calculate an amount for continuing treatment.

 

[adjusterjack]

Let's start with the truck.

You have four options:
1 - Take the total loss settlement and turn over the truck to USAA.
2 - Take the total loss settlement LESS the salvage vale, keep the truck, and end up with a salvage or rebuilt title.
3 - Use your own collision coverage if you have collision coverage. Your own insurance company is likely to also give you choice 1 and 2 and you'll have a deductible until your insurance gets reimbursed by USAA.
4 - Do nothing, get nothing. USAA will close the claim on the truck until you come around.

Now for the injury.

Wife first - No medical treatment, no money. Though USAA might give her a couple of hundred for her signature on a release.

Now you - First of all you NEVER settle an injury until you are fully recovered or have reached maximum medical improvement and certainly not for $500. Give yourself time to recover plus a couple of months after recovery to make sure there are no residual issues. Second, you don't settle for just your co-pays. Your medical insurance likely has a contractual right to be reimbursed for its costs (check your medical insurance plan). Even if it doesn't you still calculate your claim based on the total cost of medical treatment. Texas follows the "collateral source rule." Any compensation to an injured party from a source other than the injuring party does not get deducted from the total amount of damages. See, already your claim is worth more than $500. I suggest you keep a journal of your daily activities so you can have a contemporaneous record of how the injury limits you during the recovery period. Also keep a record of mileage to any from medical providers and of any other out of pocket expenses you incur as a result of the injury. For example, if you have to hire somebody to do something that you would have done but for your injury, that could be compensable. Lastly, I suggest a letter to the adjuster advising that you are still under treatment and you'll be in touch when you are fully recovered.

Feel free to revive this thread at some future time if you want help with your demand.

 

[txdakotagirl]

Let's start with the truck.

You have four options:
1 - Take the total loss settlement and turn over the truck to USAA.
2 - Take the total loss settlement LESS the salvage vale, keep the truck, and end up with a salvage or rebuilt title.
3 - Use your own collision coverage if you have collision coverage. Your own insurance company is likely to also give you choice 1 and 2 and you'll have a deductible until your insurance gets reimbursed by USAA.
4 - Do nothing, get nothing. USAA will close the claim on the truck until you come around.

Now for the injury.

Wife first - No medical treatment, no money. Though USAA might give her a couple of hundred for her signature on a release.

Now you - First of all you NEVER settle an injury until you are fully recovered or have reached maximum medical improvement and certainly not for $500. Give yourself time to recover plus a couple of months after recovery to make sure there are no residual issues. Second, you don't settle for just your co-pays. Your medical insurance likely has a contractual right to be reimbursed for its costs (check your medical insurance plan). Even if it doesn't you still calculate your claim based on the total cost of medical treatment. Texas follows the "collateral source rule." Any compensation to an injured party from a source other than the injuring party does not get deducted from the total amount of damages. See, already your claim is worth more than $500. I suggest you keep a journal of your daily activities so you can have a contemporaneous record of how the injury limits you during the recovery period. Also keep a record of mileage to any from medical providers and of any other out of pocket expenses you incur as a result of the injury. For example, if you have to hire somebody to do something that you would have done but for your injury, that could be compensable. Lastly, I suggest a letter to the adjuster advising that you are still under treatment and you'll be in touch when you are fully recovered.

Feel free to revive this thread at some future time if you want help with your demand.

Thank you Jack, I appreciate your time in weighing in.