Posted on 05/02/2008 1:04:31 PM PDT by Bear_Slayer
Almost 1 month ago I was in an accident that totalled my vehicle.
The other driver was DUI and cited for it. His insurance has not assumed liability yet, but will soon. I just received the crash report that puts DRIVER 1 (him)intoxicated and clearly at fault.
My vehicle was covered via by own insurance and those moneys will be referred (subrogated?) back to the at-fault company.
I have some other losses that I am itemizing.
Also, I was not injured in the crash, but have been without a vehicle for a month. There has been major familial upheaval, emotional distress, lack of indepedendence, fear of financial losses, etc.
How do I put a price tag on those things. I'm not looking for the big lawsuit lottery, but I'm out more than just the vehicle loss, deductible, gas, lost hours etc.
Can anyone guide me in this?
The other insurance company should be paying for your rental this whole time.
They will most likely come to you with a figure hoping to stop a lawsuit. If they don’t in the next few days, approach them and ask nicely for the fair amount (I don’t know how to calculate that, but given no injuries, you might have trouble) MOST of the time, they will offer a nominal amount ($2500) for the trouble, but ‘pain and suffering’ is simply based on medical bills. And there are none.
I’d say see what they offer, if anything. Hassle is worth something IMO and they want to avoid you getting a TV Lawyer.
You don’t have Rental Car coverage on your policy?
Even at that, you could have rented a car and received a reimbursement after the fact. Since you didn’t, I think your suffering is your own fault. You won’t get a thing for that, IMO.
Sorry for being harsh.
I doubt you will get anything for the “pain and suffering” type claims. I was T-boned several years ago, 400 miles from home over the Christmas holidays. The other driver’s insurance company was generally pretty good, but I had to go through an appeals process to get them to pay for my gas, meals, and 2 days of pay, in order for me to drive back to the accident location to pick up my car after it was repaired. They said usually they wouldn’t cover those things, and I indicated I would not hesitate to file a formal complaint with the state insurance commissioner...
I would find a good lawyer.
In every state you are entitled from the other drivers carrier to a vehicle of similar type until you get your car back.
Sedan,Van,Lrg SUV etc.
Particulars you need to post your state of residence. Laws vary from state to state. I assume the other driver is from the same state and the accident took place in said state.
I will go pluck some dollars of the dollar tree and go rent one right now.
/sarc
You might try calculating all the hours lost (at your hourly salary rate) + miles put on the other vehicle(s) (multipled by the current fed rate, which I think is around .5)
What do your insurance company and the other company say to you about the rental? One or the other of them should have or should at this point approve the rental and agree to go on the line for it. Your insurer really should agree to do that, then they will collect from the other insurer. Do you have an agent for your insurance?
Also, if they are going to “total” your vehicle, you are just waiting for a check, is that correct? Not for vehicle repairs?
I am watching this thread (and may just start my own) because I have similar situation where Mrs Evisio was out jogging and was bitten by a neighborhood dog in the street just this past Wednesday. The animal control officer thought it neccesary to call the EMT for her injury and get an XRay for her wrist. (she tripped and fell when the dog bit her)
The owner will surely pay all the dr bills. I am not a litigation lizard, but MrsE sure is in alot of pain because of their negligence.
When they call, you say something like this:
“Yeah, I seen this lawyer on TV. And he said he could get me a pile a money from the in-shur-ance company which I guess is you. So I’m thinkin a calling that lawyer man and see what he can get me. “
They’ll throw something at you.
Just went thru the same type of deal with injuries. Get a lawyer.......
>>>>Do you have an agent for your insurance?<<<<<<
Thats the one thing I like about my local Farm Bureau insurance. My agent and his wife are on a first name basis with us and I can just call him and ask him.
Please take my advice and go see the doctor. You will get reimbursed by his insurance, but I can tell you it is worth the out of pocket at the moment. I am looking at surgery to relieve a regular occurence of pain from a herniated neck disk. I felt fine for months, but I have no doubt it was the accident I was in. And with the elapsed time it was too late to get any settlement.
Speak with a lawyer. You are vulnerable and need sound counsel.
It is not necessary to sue for a zillion but otherwise you will be preyed upon.
I disagree. After the filthy greedy scum sucking shyster takes his cut, you will probably end up with the same or less than if you just take their settlement offer. The legal pirate filth tell you they take 33%, but there are always hidden fees and extra charges, so you'll be lucky to end up with half. And it will take a lot longer. Never trust greedy filthy lawyer scum.
I had a good friend who was an adjuster who told me not to settle prior to one year after accident because medical problems my come up that you did not suspect and it will not be covered B/C you settled early.
It’s interesting you say that. When a drunk driver hit me, I settled with the insurance company. Mine, not hers as she had no insurance. Then I got a lawyer and proceeded to sue the convenience store involved in selling more beer to a drunk.
Anyway, my lawyer was honest. He told me that he could have gotten me a bigger settlement from the insurance company. But after he took his 40 %, then I would not be any better off.
So I did OK.
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