[Hot01]

Insurance company called me on Friday. What a f^&I*ing joke. $7,000, includes medical. That doesn't even cover my expenses! I assume they don't think that all the expenses I listed are expenses, and I agree I was pushing it a little by listing the Wii that I bought on 4th of July weekend because I was wicked depressed and had no idea what I was going to do without my motorcycle. But it doesn't appear that they accepted my time and a half pay for all the time I had to make up for going to the chiropractor, whose bill alone was over $3,000.

She told me to make them an offer. I was thinking $30K, including medical. Am I out of my mind?

BTW, now that I'm riding again, my hand that was injured in the accident hurts all the time. If it doesn't hurt, it's cramping. Also, the really bad bruise I got on my arm is still visible. It's not real obvious and you have to know to look for it to see it, but I see it every day and it's a constant reminder of the accident. I'm thinking they were a little light on the pain and suffering.

I called the lawyer back and left a message. I'd rather not use the lawyer, but with an offer of $7,000, I wonder if it's going to be possible to get what I think I should get without one.

Thoughts?

[skull2007]

go with the pain and suffering. too you have to wonder if your wrist is going to do the carpal tunnel thing, which will require surg. give em hell hot1. those who cry the loudess get the most. no mercy

[skull2007]

oh . . . . . don't forget the post traumatic disorder your're have for the rest of your life now

[SPORSTERBOY]

shoot, workers comp will give you that much for niping a finger, guy at work nipped the tip off his pinky and bought a 5,000 dollar sporty. wonder what ya could get for the hole finger, who needs a pinky anyway

[steveb]

Don't back down .The insurance company's have a standard policy of low balling the first offer in the hope that they can get by cheap. Push back and threaten to take them to court and the offer will go up. at least that is what I did after a guy in a pick up truck ran a red light and broadsided my daughter. They wanted to make the accident 30% her fault because he honked his horn when he went thru the red light and my daughter did not get out of his way. When the adjuster told me that I got a little upset and threatened to get an attorny and hung up on them .adjuster called back 1 hr later and increased the offer by 40% and paid for my daughters lost wages and medical.

[cowboy]

Don't back down & don't let the suit do it eather , The wife & I got hit In Alb in sept of 05 , settted in Feb 06 with no suit on our side & we got all the wifes lost wages & pain & suffering for the both of us , it took us a little longer because we where out of state , we where riding in my brothers car when some lady ran the red light on her cell & hit my side , we got a decent chunk of change each paid off some bills

[Hot01]

Cowboy, did you go to court? I have a call in to the lawyer, but I'm wondering if I make my offer and they counter-offer, and it's still no good, is court the only option? Do they have any incentive to settle sooner rather than later?

I think that I'd probably do a lot better in court, but of course I'd rather not go there.

[kenfuzed]

These things rarely go to court. Chances are even if you get a lawyer involved they will battle back and forth outside of court until a compromise is reached. I'd go with the lawyer since the insurance company will be less likely to jerk them around as much as they would toward you.

Years ago I was in an accident and had a lawyer end up suing the insurance company. To my surprise not only did the insurance come through with a pre-court settlement but they didn't hold it against me (rates stayed the same). Its all a game the insurance companies play. They are in the business of making money so it makes sense that they would want to get away with paying out the least amount possible. You just have to play the game to get what is due to you.

[SK]

I seriously doubt it'll go to court Abby..too many court costs for their side. Unfortunately, your best bet is to have a lawyer negotiate. They know the right things to say to get what you want and settle quickly. I went round and round years ago by myself and a lawyer (who only charged 25%) settled in less than an hour. Go for at least $30k, maybe more. You'll have to sign for no future claims most likely though. Good luck, and as Tom Petty says "Don't..back..down".

[Hot01]

Ha! SK, that's one of my favorite songs. I also like the one that goes, "I get knocked down, but I get up again, and they're never gonna keep me down."

Clearly this insurance company doesn't know who they're up against. I've been known to be a little stubborn at times.

Thanks everyone for sharing your experiences.

[chucktx]

the lawyers will get together over lunch at hooters, discuss your case......your lawyer will come back with an offer....you tell him no, then they get together over drinks at the local topless joint....on and on....finally it gets settled.........if it werent for lawyers, we would not need lawyers!!!!
sad thing is, we are the ones who pay.....and they get more toys......

[voodoo1]

I have been thru this with three lawyers on my side and I was in the right.
It'll end up around three times your medical expense/loss wage total
I had had all kinds of bones broke,told I would never walk again and was tore up over the loss of my passenger's life while we were riding my harley. Took about four 1/2 years of starving me out delays,having all kinds of collections after me for outstanding medical and living expense debt they finally settled. If ya heal up without any problems or terrible scars ya get less than if you are disabled. Mental anguish is gonna be laughed at, it is understood and part of the 3 times the medical bill expense rule of thumb. Good luck. This was with a very highly respected local lawfirm and his high-dollar lawfirm friends throwing in all kinds help and settled for 25% from me.
That was even after finding out the 92 year old that hit us owned 2/3 of the county we were hit in. Had to go two counties over to get a prosecutor AND JUDGE that did not have any business affiliation with her. The Grand jury indicted her and like I said we settled 4 1/2 yrs laters civilly. Good luck.
Later
Voo1

[cowboy]

Abby we never went to court , & never had a lawyer We did show them where the wife had to be off of work & what she lost in wages , & mileage from work /home to the Docs office , we delt with the adjuster herself she made a offer & we countered ( way to high ) & she came back with A good offer A good bit over her first one & we also setted for 2 year med on the injures only from the wreck , The only reason ours took so long was we where out of state & they hired a adjuster here to handle there side ,again no lawyers to set at Hooters & drink to my life why should we pay a lawyer for our pain & mishap

[Hot01]

I spoke with the lawyer today, and he's still not pushing me to hire him. He was fairly insistent that I go to a doctor about my hand, which is really bothering me now that I'm riding again. It was bothering me before I got the bike back when I was sewing or having to handle a lot of papers, and now it hurts even more at those times. I have an appointment tomorrow morning. He said the doc will be able to figure out what to do, and if it seems as though it's going to be one of those things where I'm going to have some pain forever, then he'll write a report to that effect.

[cowboy]

Now it sounds like you found a smart lawyer , Just save any &all receipts no matter how small , as long as they are for/from the acadent, we only gave there insurence CO copys / or made copys for us to keep & made them sign for them

[ruffrider11]

The wheels of justice turn slow Hot01 be patient. A previous post said they always come in low like that Let the attorney do the talking I ve heard of deals made in the halls of the court house I hope you get your hand fixed up soon and feel better