CALIFORNIA: Bodily injury insurance claim, how does this undamaged article work?
I was in an auto coincidence about 4 months ago, the other vehicle(commercial truck) rear concluded a car in rear of me, going at about 40-50MPH, that vehicle then ram into the car in front of them & that vehicle ram into my car, thus creating a sort of domino effect (me & the other 2 cars that were hit be completely stopped at the time of impact). Luckily I did not hit any one (the commercial truck was found to be 100% at fault), however I was around 7 months pregnant at the time of the accident, I was rushed forthwith to the hospital by the ambulance & ended up having to stay nearby for almost 2 days the impact sent me into pre-term labor! I was released from the hospital still pregnant, however I had seriously of pain in my pay for, a bruised rib & my legs hurt a lot after the accident (lifting them, exercising). Luckily I be able to go full occupancy with my pregnancy. I've had my child since afterwards & I now have upper rear legs pain a lot & nouns pain & my labor was abundantly WORSE then my First Born. What are my options I enjoy an attorney BUT he doesn't seem to eager if you know what I scrounging, he is not telling me very much. I am also sensitive of traumatized because I have panic attacks when ever a vehicle get too close behind me. I may be damaged for life span physically & mentally because of this accident I want to be fairly compensated what option do I have? I have never be in an accident where on earth I had a bodily injury claim, the last item I want is to settle for too little.
Answers:
I work in a Chiropractic clinic, and it's my job to knob Personal Injury Claims [Auto Accidents]. I work in Kansas City, so everything I am saying is according to Missouri decree. I'm sure it's a little different in CA, but most insurance companies are alike throughout the states.
The most important question to ask I guess is what auto insurance did the commercial truck own? And do you have all of that information still? His insurance is call 3rd Party Liability, because you said that it was all his show disapproval. Not only is his insurance responsible for your bodily injury, but also to the other drivers if they were injured as okay. There is a possibility that his insurance isn't high enough to cover three different cars [assuming everyone be injured]...the state requirement in MO is $15,000. I'm not sure about CA. Let's assume that it is giant enough, though.
In my experience, insurance companies won't pay for "bodily injury" unless you've enjoy sought treatment almost immediately after the accident. Some companies are 30 days, some are 90 days. If you don't wish medical treatment before however many days, they won't cover it...claiming that the injury wasn't a result of the calamity. HOWEVER, if you were pregnant and required hospitalization, I think that merits rather glance. It sounds like you be in tons of pain. If you can prove that you've be doing things to help alleviate the pain, and you enjoy a paper trail to prove it...then the insurance companies will filch you seriously. For instance: you got in the catastrophe on April 1st. You spent a few days in the hospital. When you got out, you have to go back to work, pocket care of the family, etc. You still have some back pain, you go to the medical doctor on the 20th and he prescribed you some pain pills. In the meantime, you are using hot packs, rime packs, tylenol. In the insurance business they call that "self treating", and recitation them that you did that will make them listen. The end of May you walk to a massage therapist. The distress still is there so in June you go and get an MRI, and July you go back to your Medical Doctor. You return with my drift...
What you're basically trying to do is set up a timeline for the insurance company to prove to them, yeah the accident happen 4 months ago...but this pain is not going away. You have documented papers (Any doctor visit not including GYN for baby, massages, receipts from tylenol) that prove that you be seeking relief.
Once that has be established, the insurance company now knows that they're gonna enjoy to pay for your physical therapy. And how 3rd Party works is, you stir to the Physical Therepist (or Chiropractor or whatever) and they get you better. Meanwhile the bill that you've racked up from getting back to usual is huge now. 3rd Party has to money that. And guess what else they need to do? Now, they try to settle with you for a low amount. If your bill near the PT comes to $4000, they'll try to settle with you for $4500. Well, that only not quite pays the bill, plus you only get a lousy $500. How it's supposed to take place is, they compensate you for:
- Time lost from work [you had to stop working because of your injury, no matter if it be 2 days or 2 weeks...they need to pay you for that lost time you'll never grasp back]
- Time lost with your family [not to mention your pregnancy, but time that you couldn't spend beside your husband or boyfriend because you were in so much cramp, any birthdays or holidays you missed.]
- "Duties Under Duress" That is exactly what the insurance company calls this. It means, things that you enjoy to do on a regular basis, that you no longer can do without strain. For instance: you can't lift the laundry to do it, you can't scrub the dishes because it hurts your shoulder, you can't pick up your child. Basically they're paying for your pain and suffering. And they stipulation to! All this mess wouldn't have hurt if that accident have never happened!
So keep that surrounded by mind when they throw numbers at you to try and settle. They need to compensate you for everything you've had to step through because of the wreck. Also, you need to know that your lawyer will bring a third of the settlement right off the top. So plan accordingly, and don't settle for 12 opulent unless you're willing to only get hold of 8.
I know this is long, but Insurance Companies make me so mad...and I hope that my information help you. Feel free to message me if you have any more questions. :) Good luck!
Your attorney should relay you what your options are. But generally, you're not going to get hold of anything for stress, mental health, panic attcks, etc.
Any insurance that truck have, IF he has insurance, well, that coverage amount would attain divided out among everyone in all the cars. It's possible, if you're discussion about 10 people hurt, and $100,000 of coverage, that the most anyone would achieve, is $10,000.
Regardless of medical bills.
You sue the driver who caused the accident, that's what your likelihood is. If YOU had no insurance, you can't collect from him, and you can't win. If you DID have insurance, you obligation to file a claim under your uninsured or underinsured motorist coverage.
You're problem isn't going to be settling for too little. It's going to be, getting no brass. If you go to court and get an award for $50,000, your legal representative will take the first third of it. The guy's insurance will pay you your share of the claim - $10,000. Your attorney will get that, and you'll be left holding the pod, with a $40,000 judgement balance on this guy, and no means of access to actually collect it.
I see your lawyer making out on this concordat, not you. Ask your lawyer, if he knows how much insurance this guy have, and how many other people be injured. Then do the math.
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Answers:
I work in a Chiropractic clinic, and it's my job to knob Personal Injury Claims [Auto Accidents]. I work in Kansas City, so everything I am saying is according to Missouri decree. I'm sure it's a little different in CA, but most insurance companies are alike throughout the states.
The most important question to ask I guess is what auto insurance did the commercial truck own? And do you have all of that information still? His insurance is call 3rd Party Liability, because you said that it was all his show disapproval. Not only is his insurance responsible for your bodily injury, but also to the other drivers if they were injured as okay. There is a possibility that his insurance isn't high enough to cover three different cars [assuming everyone be injured]...the state requirement in MO is $15,000. I'm not sure about CA. Let's assume that it is giant enough, though.
In my experience, insurance companies won't pay for "bodily injury" unless you've enjoy sought treatment almost immediately after the accident. Some companies are 30 days, some are 90 days. If you don't wish medical treatment before however many days, they won't cover it...claiming that the injury wasn't a result of the calamity. HOWEVER, if you were pregnant and required hospitalization, I think that merits rather glance. It sounds like you be in tons of pain. If you can prove that you've be doing things to help alleviate the pain, and you enjoy a paper trail to prove it...then the insurance companies will filch you seriously. For instance: you got in the catastrophe on April 1st. You spent a few days in the hospital. When you got out, you have to go back to work, pocket care of the family, etc. You still have some back pain, you go to the medical doctor on the 20th and he prescribed you some pain pills. In the meantime, you are using hot packs, rime packs, tylenol. In the insurance business they call that "self treating", and recitation them that you did that will make them listen. The end of May you walk to a massage therapist. The distress still is there so in June you go and get an MRI, and July you go back to your Medical Doctor. You return with my drift...
What you're basically trying to do is set up a timeline for the insurance company to prove to them, yeah the accident happen 4 months ago...but this pain is not going away. You have documented papers (Any doctor visit not including GYN for baby, massages, receipts from tylenol) that prove that you be seeking relief.
Once that has be established, the insurance company now knows that they're gonna enjoy to pay for your physical therapy. And how 3rd Party works is, you stir to the Physical Therepist (or Chiropractor or whatever) and they get you better. Meanwhile the bill that you've racked up from getting back to usual is huge now. 3rd Party has to money that. And guess what else they need to do? Now, they try to settle with you for a low amount. If your bill near the PT comes to $4000, they'll try to settle with you for $4500. Well, that only not quite pays the bill, plus you only get a lousy $500. How it's supposed to take place is, they compensate you for:
- Time lost from work [you had to stop working because of your injury, no matter if it be 2 days or 2 weeks...they need to pay you for that lost time you'll never grasp back]
- Time lost with your family [not to mention your pregnancy, but time that you couldn't spend beside your husband or boyfriend because you were in so much cramp, any birthdays or holidays you missed.]
- "Duties Under Duress" That is exactly what the insurance company calls this. It means, things that you enjoy to do on a regular basis, that you no longer can do without strain. For instance: you can't lift the laundry to do it, you can't scrub the dishes because it hurts your shoulder, you can't pick up your child. Basically they're paying for your pain and suffering. And they stipulation to! All this mess wouldn't have hurt if that accident have never happened!
So keep that surrounded by mind when they throw numbers at you to try and settle. They need to compensate you for everything you've had to step through because of the wreck. Also, you need to know that your lawyer will bring a third of the settlement right off the top. So plan accordingly, and don't settle for 12 opulent unless you're willing to only get hold of 8.
I know this is long, but Insurance Companies make me so mad...and I hope that my information help you. Feel free to message me if you have any more questions. :) Good luck!
Your attorney should relay you what your options are. But generally, you're not going to get hold of anything for stress, mental health, panic attcks, etc.
Any insurance that truck have, IF he has insurance, well, that coverage amount would attain divided out among everyone in all the cars. It's possible, if you're discussion about 10 people hurt, and $100,000 of coverage, that the most anyone would achieve, is $10,000.
Regardless of medical bills.
You sue the driver who caused the accident, that's what your likelihood is. If YOU had no insurance, you can't collect from him, and you can't win. If you DID have insurance, you obligation to file a claim under your uninsured or underinsured motorist coverage.
You're problem isn't going to be settling for too little. It's going to be, getting no brass. If you go to court and get an award for $50,000, your legal representative will take the first third of it. The guy's insurance will pay you your share of the claim - $10,000. Your attorney will get that, and you'll be left holding the pod, with a $40,000 judgement balance on this guy, and no means of access to actually collect it.
I see your lawyer making out on this concordat, not you. Ask your lawyer, if he knows how much insurance this guy have, and how many other people be injured. Then do the math.
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