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Working with insurance after an accident?

I am just working on getting our ducks in a row here --

My husband was involved in a significant auto accident yesterday (lady pulled directly into his path when he was going approx. 45 mph). The police have assured us that other drive was cited and was 100% at fault. My husband suffered relatively minor injuries, and is recuperating at home. We will follow up with a surgeon tomorrow.

His truck is totalled - there is simply no possible way they will repair this thing. I am not so much worried about settling with the insurance company for the vehicle (worth approx. $10,000) - I am more worried about all the nuisance issues, such as my husband will be off work for a awhile, his glasses were broken, I am taking today off work because we have small children and he is in no shape to safely care for them - it's just the minor crap that is annoying me now.

It doesn't seem right for us to be 'damaged' because this idiot pulled out in front of him. It's a notoriously dangerous intersection -- I half feel that the damn state should be responsible for everything because they KNOW this is a bad place for accident - two people were killed there less than a month ago! The police on scene were telling me that they come there at least once a week for some sort of accident.

So, I guess my question is.......what do we do now? We notified our insurance company - so is it just wait and see until the other insurance company tells us what they are going to do?

We don't want to "sue" anyone - this isn't our goal - we want the value of our truck, the medical bills, his lost wages, and new glasses. I am terrified that we are going to end up in a huge pissing contest with the insurance company.....can this be avoided?

7 Answers

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  • T R
    Lv 4
    1 decade ago
    Favorite Answer

    Do NOT talk to their insurance company. Go see an attorney immediately. The insurance company's job is to pay you as little money as possible and to lock you into a story and agreement that will allow them to pay you as little as possible. Car accidents like you describe often result in injuries that are not apparent until days or weeks later. You need someone on your side who is looking out for YOU and your interests. Neither insurance company is doing that. If you try to work it out with the insurance company you will get the run around AND shorted. Consult an attorney.

  • 1 decade ago

    I used to work for a personal injury firm as a legal assistant. . .we made a lot of people a lot of money including the attorneys.

    If you've already started the claim for the "property damage" portion, then that will take care of the car situation. The damage done to your vehicle will be the least of your concerns.

    The insurance adjuster for the person who hit you will be in charge of making sure all of the claim is proper and paid. You shouldn't NEED an attorney if you aren't looking for punitive damages. If all you want is lost wages, medical bills, and replacement glasses, you should be able to tell the adjuster this, give them the receipts for these objects, and they will be able to cut a check for the proper amount.

    If you get an attorney involved, they can work more on leveraging the amount so there is some kind of damages recovered however most of the time, they're just getting a settlement for you which you CAN do yourself if you have the time and patience. If you don't, hire an attorney because litigation isn't usually how this will go and the insurance companies are mostly just battling with each other. The "pissing contest" only really happens when there is a question of liability but you have a police report stating the other side is 100% responsible so there's probably no problem there.

    Don't seek excessive medical care or it will probably be denied but as long as you make a normal demand, within the insured's policy limits, there should be no issues.

    Also, check if you have PIP with your own insurance carrier. If you do, it's a quick claim that will help pay bills until the full amount comes from the other side and you can file this on your own.

  • justa
    Lv 7
    1 decade ago

    You will get the value of the truck, for the rest have your receipts in order and don't sign anything for any reason that the insurance company presents without carefully reading it first, and if you have any questions do contact a lawyer.

    Insurance companies will make you an offer to cover everything, you may counter that, but that's about it, it will take three months for the insurance company to move itself under any circumstances. Remember too that you will have the cost of a rental vehicle to replace the the car you lost until they make good.

    Know what your total losses will be and document that and present it to their insurance company. Then pray, auto things are generally cleared up quickly its the rest that might cause problems.

    Your aim might not be to sue, but at least know you costs before you hurry to settle.

  • 1 decade ago

    I used to be sweet and innocent like you until I had an accident very similar to yours. The insurance company I dealt with dragged their feet interminably. I finally had to get a lawyer to sue so I could protect the claim. The insurance company was trying to make me wait until the statute of limitations kicked in thereby voiding my claim.

    Anyhow, I got an attorney and everything worked out fine.

    Next accident though, I'll call my lawyer and then go to the doctor!

    That insurance company trained me well!

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  • 5 years ago

    confident, they are going to pay out and assist you to over the harm era. yet there is often a super well being and risk-free practices enquiry to be certain how the twist of destiny exceeded off and if in any way you have been some how in charge or have a proportion of accountability in what exceeded off than the image will substitute significantly. Payouts are additionally concerning long term outcomes and many settlements if executed right can take 5 years. it is a mistake to make an early settlement on any harm as issues could be long term.

  • G3o5d
    Lv 4
    1 decade ago

    Call a lawyer.

    The purpose of a lawyer is NOT to sue to get rich . . . it is to insure your rights as a victim. You are entitled to compensation.

    I don't mean to get money.

    I was in an accident in '05. My wife & I were hit by another vehicle. The lawyer made sure the insurance company paid for EVERYTHING.

    We were disabled for about 14mos. The insurance had to pay my adult son for doing my normal chores: mowing, shoveling snow, garbage removal, etc. They also paid his wife to cook, clean, and do our laundry. They were also paid to take us to EVERY medical appointment. They compensated us for work loss and bonuses we were entitled to.

    ALL of our medical bills and meds were paid for as well as the physical therapy we needed. Including the gas to get to and from therapy.

    Protect your rights . . . CALL A LAWYER

    p.s. We also got a really nice settlement.

    Source(s): Been there
  • 1 decade ago

    my one and only claim to an insurance company, accident not our fault, very similar to yours actually, went like this-each side denied they had to pay, so for 3 months straight, i called everyday, sometimes twice until they finally cut the check

    sorry-bad news

    hope you company is better

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