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      Tuesday, April 06, 2010

09:57 AM - 04/06/2010

The topic: Then there’s the insurance….


Brian’s dealing with the car agent, I’m dealing with the injury agent.

The last we saw of Brian, the first agent made an offer, it wasn’t accepted. That agent said “fax over your maintenence invoices and we’ll see what we can do”.  What they did was raise the offer a thousand dollars because the car was well taken care of.  Still not enough.  Brian left messages for the supervisor, it took almost a week before they spoke.  The offer then was “we can have an appraiser actually LOOK at your vehicle and make adjustments if they’re warranted”.  Brian doesn’t know how looking at a totalled car will be of any help, but he was told it’s doable.  And from the forms that we’d gotten after he rejected the first two offers, there were comments of “minor body wear” “minor interior wear”...figure we probably took people in the back seat no more than ten times in the whole time we had the car and when people weren’t there, we had towels in the backseat to protect it. Like for when I took the cats to the vet.  The interior was like new.

So, that should be done some time this week.

Then the injury agent calls last Friday and we talk. He wants to make an offer. He stresses how inexpensive the treatment is. (That’s not because the chiro is a quack, it’s because he’s reasonable, Brian’s been seeing him since high school.)  Hmmm….  Only a month and a half in, the chiro told me it takes the body ninety days to heal….  I have a feeling the offer is going to be reeeeaaaal low.  When I went in for my appointment yesterday, I discussed this with the doc.  He said usually the insurance company takes what the doctor is charging and doubles that.  That would be less than four thousand dollars, total.  For my back.

That’s not acceptable.  At all. 

Sure, I don’t have much of a life, but that makes the few things I do even more important to me.  I can’t clean properly (the ceiling needs to be vacuumed, the floors need to be washed, the screens need to be taken out and scrubbed, the windows need to be washed, the floors that can be waxed, need to be waxed).  I’m not driving anywhere.  Don’t have a car I feel safe in.  I’m a nervous wreck in traffic.  My back still hurts. 

Then there’s that kink in my spine.  It wasn’t there before the accident.  It’s there now.  Is that going to go away?  Will it cause problems down the road?  I’m no spring chicken and older people do not recover as quickly as younger people.  The doc said if they want a deposition, he’ll say that there’s a chance it will never be normal, that there’s a possibility I’ll have more problems with it as time goes by.

I can’t imagine I’ll accept the offer I get this week.  It’s a good thing our backs aren’t to the wall.

You GO, girl!!! Those insurance jerks will also be under pressure to “close the file,” so get what you want. Don’t forget that you have to drive by that location X times a week and will always be reminded of the horror of what happened.

Posted by Carol @ Wednesday, April 07, 2010 - 12:24:32 PM

It’s not just your past, current, and future costs related to this accident both for the car (and a rental) and for making your body better, but you’ve also got a case for compensation for pain & suffering both mental and physical.  Hard to put a price on that, but you need to think of one.

Posted by Lisa @ Thursday, April 08, 2010 - 4:04:38 PM

Yes, that kink in your back will cause problems down the road. You’ll probably end up with one leg shorter than the other and the stress on the short leg will cause sciatica which will lead to long term pain not just in the leg but in your back and shoulder from leaning all the time. I got mine thanks to a semi truck.

Posted by Donna @ Friday, April 09, 2010 - 3:57:53 PM

I had a girlfriend who feel down some metal stairs yars ago.  She had to get a cleaning lady to do work at ther home 2 x times a week to maintain a ‘standard’ that she was used to in her home.

The cost of this per week (indexed/linked to price/inflation rises) needed to be added to the claim (for the terms of her expected life) this was back in 1991 and the cost of a cleaner (3 hours a day) was $50 (australian).  She was under 30 at the time and this was calculated for a period of approx 50 years - this calculated out as approx 260k.  Doctors also said that she should never try to carry anything over 6 pounds of weight and should never get pregnant.

I do not know what her total payout was, but I do know that it mad her life more comfortable and I know that she has had back problems since then (Of note - her medical expences were also to be paid ongoing under the indurance)

I was born with a spinal deformity and she and I would compare notes and swap Chiro details etc…. she had employed a compensation laywer who also had the same kind of condition she suffered…. anyway - hope that the info helps you calculate in the cost of ‘home cleaning’ which is a valid compensation when you may have an ongoing condition!
Take care,

Posted by Kerry @ Sunday, April 11, 2010 - 7:03:13 PM

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lisaviolet is sixty something, married with no kids, takes care of lots of cats, likes taking photographs, loves Southern California weather and spends altogether too much time avoiding her responsibilities.

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