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imadthegreat · Aug 26, 2009, 10:19 AM

Hi

As the title says and I am sure no one is surprised. I was rear ended while waiting on a red light. I had an old car which must now be totaled. The car is worth around $2500(KBB). My medical bills were $570 (most covered by my BCBS health insurance). The other party's insurance company wants to pay me $1000 and want me to sign a document that relieves them of all liability.

I think I should get a fair amount which is $3000. Attorneys are not willing to take this case because its not worth their time. How do I pursue this?

ballengerb1 · Aug 26, 2009, 10:27 AM

I am very much surprised you can't find a good attorney who is willing to sue them for your injuries, pain and suffering let alone the car. I'd keep looking for that attorney. Are you certain BCBS will pay your med bills from an accident caused by another insured person? Where there any tickets issued and to whom? Tell me exactly what your insurance company says about your claim.

imadthegreat · Aug 26, 2009, 10:50 AM

BCBS already paid the bill. I paid $57 in co payments. I think they don't even know my visit was because of accident because I didn't use an ambulance. I felt okay at the time of accident but couldn't move my neck when I was going to bed so I went to see a doctor next morning. He did 5 x-rays and gave me a cervical collar to wear for two weeks. After that I was okay. I never saw a doctor again. This is so much frustrating. Now the way insurance company is treating me is really mentally painful.

ballengerb1 · Aug 26, 2009, 02:16 PM

From post #2 "Where there any tickets issued and to whom? Tell me exactly what your insurance company says about your claim."

imadthegreat · Aug 26, 2009, 02:21 PM

Thanks. Yes ticket was issued to the other party. But cop said I can go home while he write his ticket because he completed my paper work first. Thanks for your help.

ballengerb1 · Aug 26, 2009, 02:29 PM

"Tell me exactly what your insurance company says about your claim."
"

ScottGem · Aug 26, 2009, 03:33 PM

First, we ask follow-up questions to try and help you. Please make sure you answer all the questions.

Second, when you seek certain types of medical care, you are often asked if the injury was the result of an accident. Your doctor was remiss for not getting this information. Your carrier would then contact the insurer of the other vehicle to reimburse them.

I also agree that I'm surprised you can't find someone to take your case.

Maybe you can get one just to write a letter to the other party's carrier stating the KBB value of the car and the inconveniences you suffered from their policy holder's negligence. And then mentioning an amount you will accept.

They are lowballing to try to intimdate you, but it will cost them more than $3K if you take them to court.

imadthegreat · Aug 26, 2009, 04:00 PM

Thanks for all your replies. First of all my insurance said we'll not be a party to this because you just have liability insurance and so you should just go and deal with them yourself. So my insurance which by the way is AllState is out of the picture.

Now other party's insurance which is Apollo Casualty company has sent me a letter that if I sign a document then they will give me a thousand dollars and will relieve them of all liabilities. I don't want to accept this amount. Their letter also says that it is a "doubtful and disputable claim" which infuriates me. I was waiting at a red light and this guy rear ended me and they call it "doubtful and disputable claim".

Here is an excerpt from the document they sent me

"It is understood and agreed that this settlement is the compromise of a doubtful and disputable claim, and that payment made is not to be construed as an admission of liability on the part of the part or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace"

There is a lot more in this document including that I'll be given a $1000.

excon · Aug 26, 2009, 04:07 PM

Originally Posted by imadthegreat

The other party's insurance company wants to pay me $1000 and want me to sign a document that relieves them of all liability.

Hello I:

This is simple in the short run. Don't sign. File suit in small claims court against the driver who hit you for the full amount. Their offer will probably go up.

excon

imadthegreat · Aug 26, 2009, 07:20 PM

ballengerb1, I notice you are in Wheaton Il. This accident occurred in Downers Grove, Il. Do you or someone you know can help me with this?

nikosmom · Aug 26, 2009, 10:34 PM

As the others have said, you don't have to sign and agree to their first offer. If you obtain an attorney - someone will take the case eventually - they can help you get more.

One caveat though - don't get hung up on KBB because this is an average across the country. Your same car may be valued differently in Illinois versus California, for example. KBB shows an 'average' value. So it's possible that your car isn't worth quite what you think.

Your total medical expenses were only $570 (which you can still have the other company reimburse BCBS for the amount they already paid on your behalf). Given this amount, they can gauge that it doesn't seem like you sustained any serious injuries. That being said, you're not going to really get a whole heap of money just because you're being inconvenienced.

Keep in mind also that obtaining an attorney to handle this will entitle them to a portion of the settlement. So in the end you could possibly end up with less once the attorney's fees are deducted. It's really a gamble in guaging whether you would gain more by using the attorney or settling now.

ScottGem · Aug 27, 2009, 04:52 AM

You can still report to BCBS that the treatments were the result of an accident and let them get the money from Apollo. Tell them that you were never asked for the reason for the injury and you just became aware that it should have been asked.

Apollo sounds like a small local company. They appear to do business in IL and FL. They advertise low cost insurance, and I bet they keep costs down by denying claims as much as possible. That letter you received is just the opening shot. They are trying to intimidate you. Do you have a copy of the police report? If it states that you were stopped for a red light and were hit, then no court is going to find that as "doubtful and disputable".

I still go with my suggestion, to send them a letter under a law firm's letterhead, which shouldn't be too expensive, making a counter offer. Your claim is not expensive and I doubt if they will fight too hard against a request for $3K.

JudyKayTee · Aug 27, 2009, 05:03 AM

Originally Posted by imadthegreat

ballengerb1, I notice you are in Wheaton Il. This accident occurred in Downers Grove, Il. Do you or someone you know can help me with this?

No one here can recommend anyone specific.

excon's advice works - I'm an accident investigator, but in NY. File in Small Claims Court.

Now.

imadthegreat · Aug 27, 2009, 07:23 AM

Thanks ballengerb1, Scott, Judy. I am going to try to find a lawyer who can write me on a letter head this letter. If not then I'll file a lawsuit in a small court claims. This site has been helpful before when I was doing some complex tax work and now again.

Thank you all. I really appreciate it.

ballengerb1 · Aug 27, 2009, 09:50 AM

DuPage County is swarming with attorney's who would take this case. Call the DuPage County Bar association and ask for a referral if none of your friends know a good attorney.