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OT insurance claim

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Ohiosteve

12-01-2007 05:45:04




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Hey folks, I need a little advice. Thursday I got rear ended on my way to work. I was driving a loaner car no less! I got hit very hard - Trailblazer that hit me didn't even brake before impact. I was stopped for a light and was thrown through the intersection. Needless to say I am hurting! It was my first ambulance ride. Anyhow, I am not the sort of person that tends to take advantage of situations but I'm wondering how to proceed. I'm smart enough to know that I shouldn't sign any thing from any insurance company. I do not want to sue for massive dollars since I'm just not hurt that badly, however, I feel that I should be compensated for my lost work and just the fact that my life is awful inconvienent right now.
I feel that if I contact an attorney they will want to escalate this into something big. Right now I feel that maybe I should wait and see how well their insurance company responds. That company is one of those "nonstandard" companies, which worries me a little. What is something like this worth? Realistically what should I expect- not being greedy? BTW I haven't posted for a while since my 2n is running like a dream. I do visit very often though. Thanks!

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Spyder2000

12-03-2007 13:40:31




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
I'm not big on attorneys either but this is a case where you should have one. The impact is more serious than you know. Just do not get involved with an attorney that send you immediately to a chiropractor. Those are the ones that have the truly bad rep with the insurance companies and insurance companies will fight on that one.

Also remember the insurance companies have way more money than you and much better lawyers, so you need a fully documented claim.

Best of luck to you and I hope you feel better real soon.

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Too Tall

12-03-2007 06:32:31




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
TOH gave you some good advice. I've been where you are. If you are hurt, miss any work, or have any medical bills, you need to get a lawyer. These folks are professionals at not paying you. You need a professional on your side who will fight for you. Yes, they are expensive, but a good lawyer will be well worth their fee.
Make sure you get one based on a personal recommendation, don't pick one because of a TV ad or a billboard. If you don't know any lawyers, ask around. Someone will know one.
Also - most will do free consultations. Take the time to meet with a few and pick the one that fits you best. Some could be great lawyers, but if you don't get along, it won't be a pleasant experience.
TooTall

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Iron Rose Farms

12-02-2007 16:28:06




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
I was hit by a SUV who turned into the front of my motorcycle more than a year ago. I had the exact same thoughts you have posted in your original post... I'm not the kind of guy who sues and I don't want more than what I am due. I would have been happy with medical bills and the bike and cloths. However the first contact they had with me was after 2 weeks, then the insurance company who was covering the at fault driver sent me a letter, in that letter was 15 different forms 5 of them was release forms. I put them back in the envelope and called a lawyer. DON'T SIGN ANYTHING! BE CAREFUL OF WHAT QUESTIONS YOU ANSWER. One of those 5 release forms was a total release from liability! and it was the last one in the pile... My lawyer said it has become a trick they use because people will read the first couple pages then just sign them all.
The company that is covering the at fault is a well known company but due to hurricane Katrina they are like many hurting for $$$ and are trying to recoup through each and every claim. If it looks like a possibly expensive claim several companies now would prefer to throw the dice and try to get you to sign off or get you to make a recorded statement that would indicate that you are somehow at fault through fishing statements.

My attorney will get 1/3 of the settlement excluding the motorcycle and clothing, but now that I am up to more than $25,000 worth of medical bills and since my motorcycle is still in my drive way because the insurance company will not return my phone calls and they haven't paid a dime yet... I am very glad I went against my first thought and called an attorney.
James

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LenND

12-01-2007 18:56:50




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
I had the same happen to me years ago. The other guys insurance was very good in settling it. BUT the first thing you do is call your own agent and give him the news because if the other person wont settle then it is your insurances time to pay up.



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Jack - Illinois

12-01-2007 18:04:23




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Steve - sounds like you may have 3 insurance companies involved. If your insurance agent is any good he will try to help you get what is coming just because he wants to keep your business and does not want his company to have to foot the bill. Likewise, the company that insured the car you borrowed doesn't want to pay you either, so they are going to try to get it from the guy that rear ended you. If they try to get you to sign a release, just tell them that you are still hurting and are not going to sign anything until you are healed up. Go to a doctor so you have records that you were seeking relief from you pain. It is not in your best intrest to be a macho man and tough it through!!!

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TheOldHokie

12-01-2007 17:25:44




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
If you are hurt and missing work consult a lawyer NOW. That's not being a slime ball - it's simply being prudent. The insurance representative is a pro at minimizing the payout and they really don't give a hoot about what's "fair". You are a rank amatuer and you will get snowballed on your own.

TOH



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Hobo,NC

12-01-2007 15:43:47




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
3 to 5K for a minor inconvenience,,, will haveta fight fer it but slow play will git ya their,,, The damage to the car you were driving has nuttin to do with you inconvenience claim,,, They owed ya at the time of the accident and will a year later no mater what some shontz man says at 10 PM cuzz he just happen to see its a unsettled claim,,, just cuzz he's look'n out fer ya would like to shed him self of it,,,, lucky for you are we would have fergot about it,,,got lost in the pile of paper werk,,,, if it don't git settled gonna throw it in file 13. You should fell privilaged I am take'n the time to call ya,,, you know its 10PM ,,,, Never play nice guy BTDT as the bills pile up they will come to their senses you are a unpredictable liability,,, no bills and predictable its not costing them enny thang to slow play.
Shontz is a business not a soop kitchen,,, 2 many victims 2 give free hand outs,,, Law says ya have to have it 2 B legal,,, lots of folks that want to b legal,,, Unpredictable liabilities take front row.

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Mark Pearce

12-01-2007 14:20:39




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Steve, Was the guy driving a rental? If he was go get an attourney. Rental car companies have teams of corporate lawyers. But on the other hand they have to carry a lot more coverage than the regular driver. Just relax and wait a few more days till you see if your not hurt worse than you know of now. Some back/neck injuries don"t show up till almost a week or so later. In some cases back/neck injuries don"t show up for years. After the stiffness wears off do some streaches and physical activity. Kinda push the old body to see if everything is still functional. Go to your regular doctor for a checkup. If you regular doc finds something he will reffer you to another doctor, usually a specialist. Just don"t let them push you or hurry you. If your back or neck just feels funny like a jellow feeling to you right now it could be some disk herniation. Just give it a while, they can wait a month or two. The ball is in your court.

P.S. That borrowed car you were drivin, does their insurrer cover drivers not listed on the paper work?


Mark....

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Colin King

12-01-2007 12:16:22




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Steve,

My best wishes for quick healing.

Colin, MN



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S Russell (TX)

12-01-2007 11:47:05




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Dan, The other fellas have already given excellent advice. Let me share with you the words to me from a sage business man, when I was talking to him about my business insurance. "The job of the insurance company is not to take care of you, but to make money for their stock holders".



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8N1949

12-01-2007 11:08:19




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 Re: OT insurance claim in reply to Hobo,NC, 12-01-2007 05:45:04  
You must look at this as "what's ahead." Take this advise... don't sign any release, even though. the insurance company paid all your medial bills, paid or fixed the loaner car. Reason... let's say, ten years down the road you come up with some sort vertebra/disk/nerve damage, and the doctor ask you, did you ever have a car accident where you was rear ended...

My brother had a car accident (rear ended)about eight years ago, and two nonths ago he had to have a surgery to repair the vertebras in his next, all due from the accident... Cost... $36,480.00 Today... still wearing the next brace,and may for months to come.

He thought it was good of him to give a release to the other persons insurance company.

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soundguy

12-01-2007 09:53:46




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Ditto what Dan said.

You don't want a long term health problem to pop up.. or simply not heal, AFTER the ins co. has settled with you.

I'm not a fan of lawyers.. but if you NEED one.. GET one..

good luck

hope you feel better.

Soundguy



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TimW(PA)

12-01-2007 09:29:49




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
I got rear ended once...not near as bad as you. I thought I was fine and never filed anything. after a few days my neck started to hurt and has hurt ever since. So my advice is to wait a while and see what your actual long term injuries are...AND DOCUMENT EVERYTHING. If you don't it never existed....good luck. & I hope you feel better...Tim



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Ken L.

12-01-2007 09:00:56




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
My son got rear ended about a year ago. He didn't want to make a big deal out if it either. He was really sore for about a week and he did take two days off from work because of it. When it came to settling, The ins refused to pay for lost wages and pain because he didn't go to a doctor. If you are in pain, see a doctor.



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duey

12-01-2007 08:07:00




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
From my experience, be sure you KNOW who you are talking to as well, not everybody who calls *is* the insurance company, they are subcontractors working FOR the insurance company.... but they are not the company.

Questions like: "Have you contacted an attorney?" or "Do you have other insurance?" is a fishing expedition for them to wrangle out of their obligation... (And none of their business)

My Opinion duey

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BillM (OH)

12-01-2007 06:20:51




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
My son was hit (other driver ticketed) and hurt a bit and his car totalled a few years ago. Geico really treated us crappy when we tried for a reasonable settlement, so finally gave up and went to a good attorney (they take 1/3), which wound up costing Geico $30-40K more than they could have settled for in the beginning. Try for a reasonable settlement, but if they give you the back of their hand more than once - sue them. You"ll have to wait a couple of years, but you"ll get a lot more out of them if you can find an attorney they"re scared of.

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Dan

12-01-2007 05:57:03




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 05:45:04  
Talk to the insurance company early and tell them you are hurt. DO NOT sign a check for medical care if it is full and final payment until you are darn sure you are fine. I have had luck telling the insurance company up front as long as they take care of my medical, car, and pain/suffering without a hassle - I would not call an ambulance chaser. Those attorneys get 50% or more of your claim, so they hit those insurance companies HARD - and so the insurance companies do not want you to call them. You will feel worse in a few days - trust me, so hold off on settling. You may have to pay for some of the doctors bills yourself in the meantime, but you will get it all back in the end. Your own insurance can also pay the medical bills, and subjegate the costs back to the responsible insurance company for you so you don't have to be out of pocket - check with you insurance company on this.

My wife is an insurance executive, and just went through this from a red light runner plowing into her. It is a hassle, but they usually do the right thing if they feel you are going to contact an attorney. Remember - the're in the risk business - there is a bigger risk of a high claim with an attorney... In the end, make them pay you what you feel is reasonable for pain and suffering, and loss of work - they will.

HTH,
Dan

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Ohiosteve

12-01-2007 06:16:31




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 Re: OT insurance claim in reply to Dan, 12-01-2007 05:57:03  
Dan, every thing you said is right on. My insurance co. has been super. I did talk to their company and made it clear that I was hurt and was waiting to see how my recovery went before I did anything. Thanks!



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Kevin in MN

12-01-2007 11:10:17




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 Re: OT insurance claim in reply to Ohiosteve, 12-01-2007 06:16:31  
Make sure you know the rules of your state. Here in Minnesota we have whats called "no fault". You medical claimes go to you personal auto insurance company reguardless of fault. But th evehicle damage claim still goes to the part at fault.



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FarmerBlair

12-01-2007 20:18:09




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 Re: OT insurance claim in reply to Kevin in MN, 12-01-2007 11:10:17  
I know a guy who went to a doctor after being re-ended and had MRI"s done on his neck. He had a real battle with trying to get money back from the insurance company because he didn"t call them for some sort of approval before going to get the tests (soon after the accident), despite the fact the accident and injury was reported to them.



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