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Am I Getting Screwed?

Discussion in 'BlackHat Lounge' started by darkimus, Feb 26, 2009.

  1. darkimus

    darkimus Junior Member

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    I should probably be asking a lawyer this question, but I decided to bring it here first and get some people's input from people who may have had to deal with this before so here goes.

    Last summer I was involved in a car accident that was not my fault. To make a long story short, I was rear ended by a semi truck hauling brand new cars while sitting at a dead stop in traffic in St. Louis.

    My car was totaled and I had very little problems with getting the semi truck's insurance company to reimburse me for my car and they probably even overpaid a little compared to what the car was worth. That was all fine and dandy.

    Now they want to go ahead and settle all the medical debts, pain and suffering, etc.

    My medical bills from the accident totaled around $2000. They are offering to pay all those and pay me a sum of $1500 for pain and suffering. I wasn't severely injured from the accident, but suffered some neck problems, but I have had neck problems in the past due to a bulging disc which was probably aggravated in the accident as well. I spoke with a lawyer about the matter who pretty much brushed me off and made it seem like he wouldn't even bother with the case unless it was for BIG money. Asshole lawyers.

    Now here's the tricky part, they had asked me from the beginning what I did for a living and I told them I was self employed. They asked if I had missed any of my work as a result and of course I said yes because at first it was hard for me to concentrate and sit at the computer doing my online work while my neck was in pain. But now with this settlement offer they haven't even mentioned lost wages or factored that in. So what would you do? I already have the papers ready to sign for the settlement they offered, but now I think I should call back and decline it mentioning the lost wages that weren't brought up. I think some of these insurance companies rush to get you to sign paperwork to save their company money. As I'm sure a lot of your are solely self employed, have you ever had to deal with this before? I would appreciate some advice on this matter. Thanks.
     
  2. Kontra

    Kontra Newbie

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    Please, please, please do yourself a favor and don't sign anything until you have talked to an attyn. It is absolutley a must. Don't take the settlement. You have a legitamite claim for lost wages.
     
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  3. popcrdom29

    popcrdom29 Jr. VIP Jr. VIP Premium Member

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    I agree with Kontra. Don't sign anything. If the first lawyer brushed you off then get another one. There are many lawyers who I'm sure would take your case.

    Sounds like you will have long-term pain and possibly physical therapy. This will play into how much compensation they should pay you but a lawyer will have to give you legal advice on that. Even if you have to pay a retainer, I think it will be worth what you can get from this company.
     
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  4. darkimus

    darkimus Junior Member

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    That first lawyer really turned me off to dealing with an attorney in this matter cause he just brushed me off basically and acted like it wasn't worth his or my time. The accident took place out of state and he said I needed to deal with a lawyer from that area instead of a local one. He said it wouldn't be worth my time cause I would have to travel back and forth to St. Louis to deal with the matter which is roughly 4 hours away. I'm not sure how true that is though.
     
  5. wowhaxor

    wowhaxor Executive VIP Premium Member

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    $1,500 on top of your car and medical paid is decent, unless you were out of work for a significant period of time and lost much more than that. Insurance companies have no problem dragging things through court and making it take forever just to turn that $1,500 into $1,750 or something. Trust me, I've dealt with it before.

    It is a good idea to get an atty to talk with them about the settlement and get it bumped up a little, but I would settle before going to court - especially out of state.
     
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  6. jazz99

    jazz99 Regular Member

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    Yes talk to Atty, you can do much better than that
     
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  7. justthinking

    justthinking BANNED BANNED

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    Are you a guy or a girl? I know it sounds like a dumb question, but my wife hit a guy in the rear end and his wife sued for 'loss of service'. I am not kidding. The guy in the car won less than his wife who was sitting at home at the time of the accident.

    In other words, he couldn't perform his martial duties, so she was entitled to compensation. In fact, she won twice the amount of all his claims. Of course, you would have to say in open court your impotent but........who cares.

    In other words, he/she may have a claim against the other driver also. Take the settlement then let the partner sue them again.
     
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  8. darkimus

    darkimus Junior Member

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    i'm a guy, but i am single. maybe i can accredit my being single and lonely to my "impotence". lol, that's funny. i don't know if i could say that in court with a straight face.
     
  9. nam6641

    nam6641 Supreme Member

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    $1,500 is absolutely nothing.

    you can hire a lawyer for no money down, he will take 1/3 out of the settlement so this way you don't need to front anything. this may take 1 to 2 years to settle (they will want to settle out of court) but you can probably get at least $15,000 out of them because for them that is a lot cheaper then going to court and possibly owing more. they dont like taking risks.
     
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  10. darkimus

    darkimus Junior Member

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    At least $15,000? Based on what though? I'm not saying that's not necessarily true, but that seems a little extreme.

    I know professional truck drivers have to carry outrageous insurance policies on their truck and themself. One of my friend's is a truck driver and he said his policy covers up to like $1 Mil.
     
  11. justthinking

    justthinking BANNED BANNED

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    Sh1t, I can say almost anything in open court with a straight face. 99% of the people (including most cops) on a witness stand are lying. In fact, most of them wouldn't know the truth if it was sitting beside them.

    I would tell the insurance company your girl left you because you couldn't perform anymore. Then hit up the SSA and tell them you are afraid to leave your house and can't drive, so you can't get gainful employment now. You get a one time check from the insurance company (could be recurring) and a monthly check from SSA.

    If somebody hit my car in the rear end, I would roll out like I was dying. I wouldn't move a muscle in a month.
     
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    Last edited: Feb 26, 2009
  12. bennyb

    bennyb Regular Member

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    Better then $1500 thats for sure.
    My friends's ex-husband was hit by the city truck and he got near $200.000 but he sustained a broken leg. In your case my guess would be at least 25-30.000.
    Just an MRI of your neck(should you have any problems in future) will cost more then 1500 .
     
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  13. dlinewd

    dlinewd Newbie

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    My wife is a lawyer. If she were here right now she would say don't sign anything and get a lawyer.:)
     
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  14. darkimus

    darkimus Junior Member

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    Well thankfully I haven't signed it yet. I am definitely going to call the insurance company tomorrow and see what comes of it.
     
  15. antsaoo

    antsaoo Supreme Member

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    Wife wanted some cash becouse her husband could not get it up o_0 ? and blamed the crash ? :p lol @ justice
     
  16. Jagged55

    Jagged55 Power Member

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    I wouldn't get too excited by the settlement figures here but get a lawyer for sure. Luckily for you, you are in the US where you can sue for injuries very easily. If you find a decent one, they should be able to take care of you....you may have to go visit Dr. Nick Riviera though! ;)
     
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  17. Biscut

    Biscut Regular Member

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    I would talk to a lawyer BEFORE you call the insurance company. The insurance company will record EVERYTHING you say and will use that against you to reduce a claim. The insurance claims people have one goal and that is to keep as much of their money as possible. When I had an accident I let my lawyer talk to the insurance company on every occasion.
     
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  18. justthinking

    justthinking BANNED BANNED

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    Yep, that is exactly what happened. She got paid because her husband couldn't perform. First time I have ever (or since) heard of it but it is true. Apparently, the guy was quite the plumber.
     
  19. apekillape

    apekillape Senior Member Premium Member

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    Why are you trying to juice these people when they're willing to pay exactly what it cost you?

    N
     
  20. justthinking

    justthinking BANNED BANNED

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    How is he trying to 'juice' anybody? How many times have you been hurt but didn't figure it out for a little while? I am sure many times. I know I have.

    Once he signs an agreement, he is then responsible for all his future medical bills, even if it was caused directly from his current situation. The insurance company wants to 'settle' with him for their benefit, not his. They wouldn't care less if he dropped dead on the way to the bank to cash the check. In fact, they would prefer it.

    Honestly, get out here with the rest of us in the real world. I know of many people who accepted a 'great offer' for their injuries, but those injuries ultimately killed them in the end. It may have been ten bad years down the road, but nevertheless, it definitely contributed to their death in the end.

    I assume you are a person like me who rarely, if ever, has gotten hurt doing anything. Although I take many risks, I am just lucky I guess. Some people do get hurt at no fault of their own. The people who hurt them should be held accountable. For crying out loud, this guy was sitting at a red light minding his own business and received current (and possibly future) injuries. The responsible party should be held accountable for his injuries now and in the future, but it should NOT be him.
     
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    Last edited: Feb 27, 2009