[Rando]

Hello everyone,

My girlfriend experienced a hit-and-run rear-end collision about a year ago. The accident hurt her neck and back, and she had to go to multiple sessions at a chiropractor for it (it's still not fully healed).

She had medical coverage on her insurance, so it paid for those sessions (since it was a hit-and-run). The coverage had a limit of $5,000, which has now been fully used. They are offering an additional $3,000 to "settle the claim."

So... a few questions:

1. Is the $3,000 a reasonable settlement? She's still having neck and back pain, so how do people typically estimate the settlement?

2. Is there a deadline for settling? It's just a few days till the 1 year mark.

3. Will any negotiation affect her insurance, since it is her own insurance paying for the settlement (due to the hit-and-run)?

Thank you all so much!

[02themax]

My advice is to consult a lawyer asap...

[cb1111]

Originally Posted by 02themax

My advice is to consult a lawyer asap...

+1000000000000000000000000000000000000000000000000 000000

There is way too much at stake - and way too many variables.

[Rando]

Heh, thanks...

Any lawyers present?

(We're looking also, just wondering if anyone here has prior experience with this type of thing.) Thanks!

[fruition3000]

1. Get a personal injury lawyer
2. You can sue for the insurance company for permanent injuries that will affect your entire life. You can state that because of the accident, your quality of life has done down and you can't work properly because of it.

1. Is the $3,000 a reasonable settlement? She's still having neck and back pain, so how do people typically estimate the settlement? NO and it is set in motion by getting a personal injury lawyer

2. Is there a deadline for settling? It's just a few days till the 1 year mark. I think it more than a year in NJ but I have no idea about CA

3. Will any negotiation affect her insurance, since it is her own insurance paying for the settlement (due to the hit-and-run)? I think to sue your own insurance company you need to have the "uninsured motorist" option on your policy.

[E92-Lighting]

you should be able to get much more than $3000

[e92ttaz2]

my gf totaled her car in 2004, some jerk cut her off and caused her to swerve. the prick left the scene and then came back and this was on the police report but no one was ticketed (it was a rookie cop that filled out the ticket). But anyways I handled the claim myself and acted as her "lawyer" (i dont study law at all, i got some good tips from my chiro) they offered her the same thing which is $3000. Keep in mind your insurance wants you to sign release form a.s.a.p. Gather all your med bills and tell your insurance you paid for these bills and also multiply your med bills by 3 or 4 times and thats what you should offer to settle. Tell them this is also included for pain and suffering. Start high and they will negociate. So for my gf, i asked for $31,000.00 to settle, at first they laughed but when they know that im serious then negoitating begin. So long story short this went on for about 2-3 weeks finally i got to the point where they said if you want more money then get a lawyer. She got $14,000.00. The reason for that is because they settled for $28,000.00 but since they said she was at fault they can only give half of the offer. She used her med pay from car insurance to pay chiro bills, she used her work health insur for hospital bills. (when you submit these bills to your adjuster make sure you get the unpaid bills). So the whole settlement was hers. Of course dont tell them you are going to do this. Just be nice to your claims adjuster and be patient, i know you can get more than what they offerred. People ask me if this is illegal and its not, you're just negoitating and theres nothing wrong with that. This is what lawyers do. Your insurance adjuster doesnt need to know that you have insurance at work and the hospital should not release any records showing how you paid the bills. Good Luck. Let me know how it goes.

[jaguar36]

Originally Posted by e92ttaz2

she used her work health insur for hospital bills. (when you submit these bills to your adjuster make sure you get the unpaid bills). So the whole settlement was hers.

mmmm insurance fraud.

[cb1111]

Originally Posted by e92ttaz2

my gf totaled her car in 2004, some jerk cut her off and caused her to swerve. the prick left the scene and then came back and this was on the police report but no one was ticketed (it was a rookie cop that filled out the ticket). But anyways I handled the claim myself and acted as her "lawyer" (i dont study law at all, i got some good tips from my chiro) they offered her the same thing which is $3000. Keep in mind your insurance wants you to sign release form a.s.a.p. Gather all your med bills and tell your insurance you paid for these bills and also multiply your med bills by 3 or 4 times and thats what you should offer to settle. Tell them this is also included for pain and suffering. Start high and they will negociate. So for my gf, i asked for $31,000.00 to settle, at first they laughed but when they know that im serious then negoitating begin. So long story short this went on for about 2-3 weeks finally i got to the point where they said if you want more money then get a lawyer. She got $14,000.00. The reason for that is because they settled for $28,000.00 but since they said she was at fault they can only give half of the offer. She used her med pay from car insurance to pay chiro bills, she used her work health insur for hospital bills. (when you submit these bills to your adjuster make sure you get the unpaid bills). So the whole settlement was hers. Of course dont tell them you are going to do this. Just be nice to your claims adjuster and be patient, i know you can get more than what they offerred. People ask me if this is illegal and its not, you're just negoitating and theres nothing wrong with that. This is what lawyers do. Your insurance adjuster doesnt need to know that you have insurance at work and the hospital should not release any records showing how you paid the bills. Good Luck. Let me know how it goes.

And the insurance company laughed all the way to the bank.

Admitting to insurance fraud - and giving advice on the same - is a bit foolish.

But you proved my point - the OP needs to get legal advice.

[Chriztofor]

[lucas.kent]

Originally Posted by 02themax

My advice is to consult a lawyer asap...

You should consult a lawyer that is licensed to practice in your state. Settlements have significant legal implications, and will likely impose certain terms on your girlfriend - it is very important to understand what those terms are, and what they will mean to her in the long run.

Trust me, get a lawyer to protect yourself. It will be a wise investment.

[e92ttaz2]

you guys are stupid, its not insurance fraud. Who's money is that the insurance pays back anyways? Its our money. This is exactly what lawyers do, so i guess every lawyer is committing fraud. OP you can pay the lawyer 1/3 of your money if you like. Like I said, I handled everything and that money was a good start to our business.

[jaguar36]

Getting insurance to pay for something that is covered by another insurance is fraud.

[cb1111]

Originally Posted by jaguar36

Getting insurance to pay for something that is covered by another insurance is fraud.

Correct - the health insurance company needs to be informed of the settlement and that money needs to be repaid to the health insurance company if they request it - the money to be repaid was probably much more that he got.

While he was moaning that he would have had to pay 1/3rd to an attorney, he failed to understand that an attorney would have made him much more money.