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#5290 of 5338 Settlement ;Re: Negotiating a settlement with uninsured motorist [tba2]
Apr 04, 2013 (1:48 pm)
Ok, it's all done now but the paperwork. I won't go into all of the details here, but let's just say I'm satisfied. (as I can be)
They offered an amount for the totaled vehicle, I said I needed more, they redid some things and came up with quite a bit more. So, I came out with about 400 more than I had in it WITH the trade I had put in. So, I'm happy.
Then, they sent me to file for pain and suffering, which I did. And, they did put some in for the pain my family experienced (and still are some) from the seat belt and air bag deployment. Also, they gave me money for a rental car that we didn't use.
Although I still am mourning the loss of the most perfect used vehicle I'ver even seen, let alone owned...I'm very very pleased with the outcome from her insurance company.
They went above and beyond...and some of it was voluntary. The lady just kept trying to find more $$ for the totaled vehicle. And, she even called today saying one was about 100 miles from here similar. But, I didn't want it.
It was ugly. Mine was cherry.
So...we'll move on from here and find something else.
I want to say thanks to this forum for help and guidance in a situation I was very unfamiliar with how to handle. Gave me some confidence to go into battle a little more informed.
BTW>The woman who hit my wife told a mutual friend that it really wasn't 'either of our faults..we just sort of came together/merged'.
The accident report says different and that's what counts.
Merging is mutual.
Pulling out in front of a vehicle going 45 is not mutual.
#5291 of 5338 Re: Remember that another [marsha7]
Apr 04, 2013 (2:47 pm)
but most folks do suffer from the typical neck and back pain from the whiplash effect, which happens as low as 10 mph...these are the injuries most commonly treated by phyical therapy and chiropractors...but the injuries are still there...
Injuries at 10 MPH??? Sounds like lawyer magic to me. Probably just aggravated existing injuries. Previous existing conditions. Also, put your head rest up in the proper position!
I like rational basis, but how come the speed limits are set artificially low by politicians rather than at the scientific 85th percentile set by engineers and scientists?
It's a money grab. Unfortunately, when the State mandates something, consumers automatically get gouged. Take a look at the price of a 10 minutes Smog check lately? Must take someone with the skill of $300/hour to do a smog check. Are lawyers opening up smog shops?
#5292 of 5338 Re: Settlement ;Re: Negotiating a settlement with uninsured motorist [tba2]
Apr 05, 2013 (5:52 am)
Did you recover the sales tax on the totaled vehicle?
#5293 of 5338 Re: Remember that another [andres3]
Apr 05, 2013 (5:57 am)
I didn't say that everything the states do is reasonable, but things like setting speed limits (would you drive 70 mph thru a school zone or hosiptal zone?) is reasonable, along with mandating insurance for cars...
Yes, folks can get injured at 10 mph...often they may have a pre-existing condition, but that does not change the injury...rear-ending a person with spinal osteoporosis can result in compression fractures and other types of serious injuries...while most are NOT injured at 10 mph, it can, and does, happen...you just don't see enough of it to matter, and yes, I may see more of it because they come to me because of those injuries...
Discs can herniate in low speed collisions (MRI verified) and bones can fracture...
#5294 of 5338 Re: Settlement ;Re: Negotiating a settlement with uninsured motorist [houdini1]
Apr 05, 2013 (6:15 am)
Yep, Sales tax, title transfer fees, and the best price she could find on a similar vehicle in excellent condition. She had the pics to verify it's beauty and mint condition.
She was extremely understanding and helpful.
#5295 of 5338 Re: Settlement ;Re: Negotiating a settlement with uninsured motorist [tba2]
by Kirstie@Edmunds HOST
Apr 05, 2013 (6:25 am)
If it was State Farm you dealt with, I've had a couple of similarly good experiences with them settling claims. I'm sure there are other good insurance companies, but their agents & staff (at least the ones I've dealt with) seem to be well-trained.
#5296 of 5338 Re: Settlement ;Re: Negotiating a settlement with uninsured motorist [kirstie_h]
Apr 05, 2013 (10:02 am)
I've had State Farm for years - when my son totaled the '98 Tracker, I never saw a bill for any of the medical treatment. And my daughter was flown to the hospital via helicopter!
After that day, my wife doesn't have any issues with what we pay for insurance.
Glad to hear that you got everything you wanted on your claim.
#5297 of 5338 Self Insurance
Apr 05, 2013 (10:07 am)
Interestingly, if you self-insure in CA you are required to post a $50K bond to fund the self-insurance. That's more than the legal minimums an insurance company gets away with!
Cities are allowed to self insure for $0.00. I know because a La Mesa PD officer rear ended my back bumper and caused $667 in damages with his Harley PD bike.
I told my insurance company to shove it and cover it under "uninsured" since the City didn't have insurance. They told me to pound sand and wait until the city handles the claim.
Actually, to be honest, Mercury was very nice, and covered my deductible (they didn't have to, which is the reason I wanted to invoke the uninsured insurance because then I wouldn't have to pay the deductible while waiting to get reimbursed by the city). They also paid me for the repairs and let me tell the city to reimburse them instead of making me wait for my money.
Apr 05, 2013 (3:26 pm)
Cities can have what is called "sovereign immunity", which means that they are immune from any lawsuits UNLESS THEY ALLOW THEMSELVES TO BE LIABLE...
About 8 years ago I had a situation where a city vehicle collided with my client, causing severe vehicle damage and moderate injuries...it was than that I found out that the City of Atlanta, which had sovereign immunity, did allow themselves to be liable for the damages and injuries, TO THE AMOUNT OF $1,000.00 AND NO MORE...
Hard to believe, but if they had totalled the car and had hospitalized 4 occupants, each, say, with $15,000 worth of hospital bills, the total amount that the city would pay is $1,000.00 per incident...not $1,000.00 per person, $1,000.00 for the entire vehicle and personal injuries...
OTOH, the City of Augusta, GA had an insurance policy of $250K/$500K liability limits...it is up to each municipality to decide what they want their liability to be...
I do not know if Atlanta still has the $1,000.00 limit, but if that isn't an argument for high limits on YOUR Uninsured Motorists, I don't know what is...
#5299 of 5338 Re: andres3 [marsha7]
Apr 10, 2013 (10:56 am)
But my insurance company said the City was not uninsured, that they were self-insured. So it wouldn't matter if you had 1,000 or 1,000,000 dollars worth of uninsured coverage with the city being liable, the insurance company would simply say coverage doesn't apply.