[Brandiloo2]

The claim's adjuster has called and wants to close my claim from an accident that happened in August 2006. It was totally the other guys fault. We were hit from behind and hit the car ahead of us. The guy tried to give my husband his wife's driver's license. We called the sheriff's office and they came out and helped us make sure we got all info. I called my insurance and reported it immediately. I called his insurance three days later to find out what they were going to do. They had no idea that there was an accident. A few weeks later they got a hold of him and he denied there was an accident. I got a cervical spine sprain and lumbar sprain. There was $3800 damage to our vehicle. What kind of settlement do you think we are entitled to? I don't want to ask for something that is unfair, but want what I am owed. We couldn't get a rental car because our insurance had to front the money for damages until the other insurance company could get in touch with the other guy and find out what was going on. We had to borrow a car. I would like to ask for $10,000.00. Doctor bills still outstanding, $330.00, Medical bills total sum was $1,050.00, Mileage $350.00, diminished value of my vehicle for having a bent frame within specs $1000.00 and pain and suffering from all of the headaches, pain, sleepless nights, stress and lying from their client $8320. What do you all think??

[ScottGem]

First you are entitled to any and all expenses incurred as a result of the accident. This includes mileage to and from doctor's appts etc.

Did you forward a copy of the police (sheriff's) report to his insurance company? How is he going to deny the accident occurred with such a report?

Now your insurance should pay for any expenses covered by your policy. If you don't have rental car coverage then you have to go to his insurance company. Your insurance company will then seek reimbursement from his insurer. As for a settlement, you would have to file suit against his insurer for that. Your insurer should cover expenses covered by your policy.

If your insurer wants to close the claim, you would do that only if you don't expect anymore expenses.

[RichardBondMan]

Let's see, $3,800 for damages to your vehicle plus the $1000 you mentioned for diminished value of your vehicle. Mileage $350. - this totals $ 5150.00 plus three times the $ 1,050 in medical expenses equals $ 8,300.00 (most insurance companies will settle the bodily injury claim quickly for 3X's your medical bills as a rule of thumb). I would give considerable thought to obtaining the opinion of other mechanics about how and if it is possible or practical to repair a bend frame - I am not sure even if this can be accomplished ? Therefore, having said that, and assuming you are correct about the bent frame, it is my humble opinion that $ 10,000 is not unreasonable. I expect the his insurance company might reject your settlement offer so do not be surprised. I am not a claims adjuster, just a licensed agent in businss for about 30 years and I try to never become involved in claims issues. I have had two personal experiences in the last 6 or 7 years with similar occurrences with other at fault parties and their insurance companies and I did not pursue their offers with legal remedies that might have been available to me - I did consult one attorney since there were injuries and he basically told me that if I could walk, talk and function normally even though there was pain and suffering for a short time after the accident, that it was not worth pursuing legally. I reluctantly accepted offers of settlement from both of the at fault parties insurance companies. I hope this opinion helps you somewhat.