My daughter was hit by a motor vehicle while waiting for the bus and I wanna know what is acceptable for insur
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My daughter was hit by a motor vehicle while waiting for the bus and I wanna know what is acceptable for insur
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My daughter was standing waiting for the bus and another class mate of hers that had just gotten his licence came around the corner and hit her in the leg and knocked her down on the ground and than left the scence because he thought she was laughing. No body called the cops until she arrived at school. I picked her up from school (had to leave work) and took her straight to the emergency room for x-rays, she didn't get seriously hurt, but did get quite a bit of brusing on her leg. I than filled a police report for the kid driving the car, hitting her, and than leaving without seeing if she was okay. In my book that is a hit a run which they did charge him with. My question is...what is an acceptable offer from an insurance company and what is not. I don't want to seem greedy but do believe my daughter to be given some kind of compensation for what she had to go through, please help I appreciate any insight on this. thank you very much
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chucksright
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don't sign anything or agree to any amount.
it's too soon.
you need to see if she has any long term after effects.
believe me the insurance company will want you to sign as soon as possible
DON'T DO IT.
if you don't have a lawyer yet get one
yeah they cost money and will take 33% of whatever you get but they will help you get what you deserve.
insurance companies don't give a sh*t about you or your daughter they just want to cover their a**. |
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MSAD
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Here's how the process will work:
the adjuster will do an investigation. Probably have to secure a recorded interview about what happened from your daughter, talk to the driver of the other car, get a copy of the police report. Once the investigation is complete and they determine that they owe for your daughters injuries then they will be able to discuss money.
Assuming your daughter is under 18 -- the adjuster will have you sign a medical authorization. This will allow the insurance company to order copies of the medical bills/records for your daughters injuries. It can easily take 6 weeks for the medical providers to get this info to the insurance company (some times longer).
If your daughter had a job and missed work due to the injury - have her employer write up a statement of what she missed and how much she gets paid. If you did not get paid for the time you had to leave work to take her to the hospital have your employer write up a statement of how much time you missed and what you get paid.
The insurance company will evaluate all this information and make an offer. Once you agree on a settlement amount then you get the settlement finalized.
Because your daughter is a minor, there is a good chance the settlement will have to be approved by the court (a judge). The judge makes sure the settlement is appropriate for the injury and that the money is put away for the minor. This prevents dishonest parents from using the minors money to buy stuff for themselves. The insurance company will hire an attorney and incur the costs for the court approval.
As far as how much to settle for.....that's hard to say. She was bruised up pretty good and that's reasonable. She does not have any fractures or permanent injuries. This is not a big claim -- you are not going to get enough to pay for her college education. But she will be given something for her medical bills/wages and for pain and suffering.
The best thing is to see what the insurance company puts on the table then decide what you want to counter at. The insurance adjuster will have room to move off the first offer but not a lot. They are not going to make an opening offer of 5,000 when they have a top dollar of 15,000. So, if they open at 5,000 --- you might want to counter at 8,000. They probably don't have 8,000 but may split the difference with you and end up at 6500-7000.
You can hire an attorney if you want to. However, an attorney will charge a fee of 1/3 of any settlement you get. And the adjuster is not afraid of attorneys. If you hire an attorney -- it's your job to pay him. The adjuster is not going to add to the settlement so that you can pay the attorney and pocket the same amount. With an attorney - you could end up with less money b/c there are more people getting a piece of the pie.
So, for what it's worth -- I usually recommend you work directly with the adjuster. If you ever get sick of handling it -- you can then go out and hire an attorney. But give it a shot with the adjuster first.
Hope this helps. Good to know that your daughter's injuries were not as bad as they could have been. |
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fighting saints
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Ignore the folks telling you to get an attorney right away and go with what MSAD explained.
This isn't going to be a huge claim, so why give a third of it away to a lawyer right off the bat. |
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Luna & Lawnboy
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I agree with MSAD. This appears to be a minor claim. If your daughter only had the one ER visit, and sustained contusions only, you can settle shortly. If she is still treating, wait until she is no longer treating. The meds should be included in the settlement, unless you live in a No-Fault state.
The driver would have PIP coverage that will pay for the meds separately. If you live in a No-Fault state, she may only be entitled to her meds unless she meets the threshold requirements of your state. They vary from NF state to NF state.
Depending on the settlement value, a judge may have to approve of any potential settlement. You DO NOT need an attorney. |
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gregorydavid2003
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i got hit broke my arm in 12 places wrist in two i have a stainless bone i got 25k after every ones cut i had a little left
policy limits and protected property was considered |
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Curt
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amount isn't the question. his insurance should pay all medical bills caused by the accident. don't let the insurance company pressure you into signing any release papers for at least one year. medical problems could arise months later and they will do nothing about it if you sign release forms. |
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ca_surveyor
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you are asking the wrong people.. ask your daughter. Not about the money but about her injury. She may just want to forget it or she may want to go for the kids cajones.. But if she was old enough to get hurt and deal with it for that first part of the day, then she is old enough to participate in the decision of what to do.
ok mom? |
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entidtil
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The insurance should pay all of her bills, your lost wages and then ask the insurance company to make you an offer for pain and suffering. When they give you a small amount (As they almost most certainly will) tell them that the more they play games with the compensation amount , the more your Daughters leg aches. They will soon learn to sharpen their pencil. Keep lawyers out of it if you can. |
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pugpaws2
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There are several problems here.
First anytime soemone is involved in a auto accident, they should get checked out by a doctor immediately. This is important even if it appears that the person is not injured. If later it turns out that the injury is worse than first thought a legal issue come into play. The other company can argue that the injury happened later and is not part of the auto accident. Then your legal claim may not do you any good.
Second, you never talk to the other persons insurance company. You especially do not agree to settle for anything. You have your insurance company deal with the other company. Your company will look out for you. The other company will likely cheat you. One way they cheat you is to try to get you to settle quickly and for a set amount. If you accept a check it will be the last you will ever get from them. They want a quick settlement because they know that if someone is injured the person may not feel the full effects of the injury for days. If they get you to accept a check then you can't get more later if you find out the injury is worse and requires more medical attention, ....etc.
Be especially wary of a company trying to tell you that they will settle part of the damages with you now and the medical later. Legally the word damages includes property and medical.
Once I was hit by a truck while sitting in stopped traffic. The other company wanted to pay me for my totaled car now and then deal with my medical expenses later. To accept the check I would be required to sing a statement saying that I was being paid x Dollars for damages. My lawyer told me that if I signed the form and took the check I could kiss my mediacl claim goodbye. Damages is everything. Talk to your insurance company and also to a lawyer. |
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