Pretender
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Posts: 108
What should I be?
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« on: September 17, 2008, 06:41:22 PM » |
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This involves my getting struck by a truck while I was in my electric wheelchair crossing a street in the crosswalk. I have no idea what settlement is fair for me and the driver of the truck's insurance carrier (State Farm). I had the green light, I had my hazard flashers on (I have lights on my wheelchair). I was in the crosswalk perhaps 8-10 feet when I was struck by the truck that was coming from the left and the driver was wanting to make a right turn on the red light and he didn't see me and hit me with his running board. The insurance is paying the ambulance fee, hospital fee, and for the repair of my wheelchair and offering $750 for pain and suffering. I had a couple small puncture wounds on my left foot and leg and also had cuts and burns (from friction) on the shins of both legs. My left leg healed after a couple weeks. My right leg took a month. I have scars on both legs, but wasn't planning on doing any pantyhose commercials anyhow, My legs aren't worth a whole lot to me as I'm stuck in a wheelchair. I have not idea what is a fair settlement to me and the insurance. I would like opinions from those with more wisdom than I.
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Guardian Angel
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« Reply #1 on: September 17, 2008, 07:11:59 PM » |
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Well I am not an expert but I would say $750 is not fair!
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Be an angel, fly with God's flock.
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B4Ron
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« Reply #2 on: September 17, 2008, 07:57:58 PM » |
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Three to four times the total medical expense would be reasonable. Make sure that you will not have any additional medical before you settle. You have 2 years from the date of accident to file suit.
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Ya know, ya never know.
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Butterfly
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« Reply #3 on: September 17, 2008, 08:51:32 PM » |
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I agree with both GA and B4Ron. Somehow, $750 sounds like a paltry sum for what you went through. You should not settle for that amount.
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Inside every older lady is a younger lady --wondering what the hell happened. Cora Harvey Armstrong
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Bingo
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« Reply #4 on: September 17, 2008, 08:59:00 PM » |
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I am not wiser than you or an expert, but I don't feel as though $750 is right. They can pay for the medical and the other invoice charges you incurred as a result of the accident, but I wouldn't recommend taking $750 and signing a settlement contract. I agree with B4Ron, usually the settlement is based on the payout of the other expenses, mostly medical. I say nothing less than $10,000, I probably sound greedy.
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The Idealist decries the way things are and dreams of a perfect world.
The Realist examines the way things are and strives to improve this imperfect world (unknown)
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Guardian Angel
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« Reply #5 on: September 17, 2008, 09:11:53 PM » |
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Not at all Bingo, I tend to agree with you.............  |
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Be an angel, fly with God's flock.
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Butterfly
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« Reply #6 on: September 17, 2008, 09:14:25 PM » |
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I don't think Bingo sounds greedy. Pretender......do you have a lawyer or are you attempting to settle this by yourself? If you are trying to settle by yourself, I definitely think the insurance company will try to take advantage of you.
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Inside every older lady is a younger lady --wondering what the hell happened. Cora Harvey Armstrong
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SpiritMan
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« Reply #7 on: September 17, 2008, 09:20:18 PM » |
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Bingo is absolutely right. There are greedy people who sue for $100,000 plus in cases like this. I say nothing less than $10,000 for pain and suffering! That's not greedy. That's reasonable. You and they have no idea what might arise in the near future from your injuries. $750 is an insult. Hitting someone in a crosswalk whose crossing on a green light is a serious offense!
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From the opium of custom...To the ledges of extremes..Don't believe it till you've held it..Life is seldom what it seems..But lay your heart upon the table..And in the shuffling of dreams..Remember who on earth you are.
Emerson, Lake and Palmer
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Pretender
Full Member
Posts: 108
What should I be?
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« Reply #8 on: September 18, 2008, 10:23:26 AM » |
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They've paid for the chair and the Doctor's bills. They're holding out on paying the ambulance service until I settle so if I don't settle soon then I'll have to pay the ambulance service and get reimbursed when I settle. They've stuck me in an awkward position. I have a call into a lawyer. I spoke with him right after the accident and he said it didn't sound like I needed a lawyer. I havn't signed anything yet. I don't want to be a McDonald's hot coffee person, but I want to be fair to all.
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Guardian Angel
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« Reply #9 on: September 18, 2008, 11:04:27 AM » |
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It sounds like you are being more than fair. The very fact they are holding off on paying the ambulance until you sign shows just how manipulative the insurance industry is. I think you might need a little advice from a lawyer. Hope it's a good one.
I would be concerned about future issues with your injuries as others have stated. Maybe it seems like everything is OK right now but who knows, what could crop up in those injuries you received. You mentioned your legs were useless so that means the circulation is compromised so infection in those cuts and scrapes is a real possibility even though they seem healed. Since those cuts and scrapes weren't there before the accident............well there you have it.
Whatever you decide......Good luck.
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Be an angel, fly with God's flock.
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Butterfly
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« Reply #10 on: September 18, 2008, 01:04:34 PM » |
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My youngest son had an accident at a public park when we lived in Nebraska. He was about 14 or 15 at the time. He was riding a dirt bike, hit a bump and flew over the handle bars, cutting his lower lip on the inside and knocking his 4 front teeth loose. He was taken to the emergency room by someone who saw what happened. We had insurance at the time, so most everything was paid. We had a dentist check him out and he wired his teeth together for a while. They took hold again and everything appeared to be OK. The city paid any charges that out insurance didn't pay, like co-pay, deductable, etc. We signed off on any further claim.
In his 20's, his front teeth began to darken. He's 38 now and had to have a bridge made for all four of his teeth because they looked so bad. That alone cost $6,000.
I think you should ask for what you feel comfortable with, but I agree that $750 is an insult. I can tell you are not the type of person to sue, but I hope you protect yourself from any future problems from this accident by getting a reasonable settlement. Sometimes just a letter from a lawyer does the trick.
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Inside every older lady is a younger lady --wondering what the hell happened. Cora Harvey Armstrong
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Bingo
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« Reply #11 on: September 18, 2008, 06:37:57 PM » |
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Just remember Bob, the job of the insurance company is to keep you from getting a fair settlement.
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The Idealist decries the way things are and dreams of a perfect world.
The Realist examines the way things are and strives to improve this imperfect world (unknown)
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Pretender
Full Member
Posts: 108
What should I be?
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« Reply #12 on: September 19, 2008, 03:57:29 PM » |
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Thank all of you for responding. I spoke with a lawyer today and got some good advice. I proposed a settlement price to the insurance adjuster and it was accepted by the adjuster. Should have this taken care of in a couple weeks.
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Guardian Angel
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« Reply #13 on: September 19, 2008, 04:07:14 PM » |
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Congradulations. I am sure you are glad it is all behind you... |
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Be an angel, fly with God's flock.
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Bingo
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« Reply #14 on: September 19, 2008, 04:22:45 PM » |
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good job!!! Hope you are healing well and enjoying your new chair.
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The Idealist decries the way things are and dreams of a perfect world.
The Realist examines the way things are and strives to improve this imperfect world (unknown)
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