Auto accident - insurance runaround

[Pheebs]

Originally Posted by jennifw

can I. ask why it matters how fast the other driver was going? if they admitted fault, why is that important?

If they were going fast enough to (potentially or nearly) total my vehicle and cause me injuries that are still giving me trouble more than a week out, knowing how fast they were going goes to disprove their claim that it was a "minor" collision.

My point, really, was that being told that it wasn't possible without hiring a specialist by the other driver's insurance company's adjuster, after having been told that it is possible and common for them to estimate that information, just leads me to be a bit more leery of dealing with this insurance company through this process. Especially after already having been given the runaround on my BI claim.

[Pheebs]

Originally Posted by loves2read

I guess you would have Ben better off asking for an ambulance to take you to hospital...

That's horrible! If you don't mind my asking, how are your ongoing injuries being handled? Is the original insurance company still covering your medical? That's my main concern - the potential of ongoing issues.

[loves2read]

so shame the devil---
what company is the other driver's insurance with?

Was your car driveable after the accident?

Our son was rear-ended when he was commuting to UNT--so 15 yrs ago or so--by a small pickup driven by someone working for a pool cleaning company. He was kind of shookup and while he got the driver's insurance info--the owner of the pool company tried to deny HIS truck was the one in the accident...it would have been great if he could have taken photos with his phone like you can do now...

initially it seemed like damage was fairly minor BUT our son had his foot on brakes because he was at light...when he was hit, the impact forced his foot harder on the brake and the truck was pushing from the read...
several days later when our son was driving closer to home, he was turning at an intersection and had the front wheel of his car come off... the lug nuts on the tire had been sheared through the torque from the brakes applied and the hit from the rear... THAT was as expensive to repair as the original impact damage...

[LookingInRichardson]

Just from the insurance company's perspective again, it is true that it's difficult to determine speed without hiring an accident reconstructionist. You have a vehicle that is almost a total loss which unless you have an older or particularly low value vehicle means that a pretty substantial impact.

I don't think their inability to estimate speed meens they are being dishonest. I think they were going based off the information they had at the time of report, but now that they know your vehicle has significant damage I expect they will be more helpful with regard to your injury. They're used to people who get struck by a shopping cart in a parking lot while sitting in their car to claim to need spinal surgery. It's very easy to become jaded and suspicious as an injury adjuster. Quite honestly it's a job that can seriously make you question your faith in humanity!

Now that it's clear you aren't one of these people, you should have an easier time.

[lightraildallasfan]

I work as a PD adjuster, licensed in TX, but also work very closely with bodily injury adjusters frequently. I can tell you that working with an attorney can be potentially devastating. At my company, the adjusters ONLY pay based off the bills, regardless of whether you have an attorney or not, and will frequently only pay for the medical. If you do get offered more, it usually won't be enough to cover the attorney's guaranteed portion of the settlement.

The best thing about an attorney, however, is they take care of a good portion of the work, and most of the adjusters I know prefer working with attorneys rather than directly with claimants, as most claimants, when it comes to bodily injury, call constantly. If you pursue by yourself, only call the adjuster 1-2 times weekly, and be exceedingly polite and nice to them. It sucks, but an upset adjuster will do what they can to spite you.

I can confirm that most insurance companies wont' pay a medical provider directly, you are responsible for your bills incurred. If you treat conservatively (don't go to 4 chiropractor visits a week), and only for as long as necessary to feel better for your injuries from the accident, you will be fine.

In regards to what the adjuster told you about the accident being minor and they wouldn't pay anything, it was either a new adjuster, or an adjuster who was hoping you wouldn't contest them so they could close the claim. You pushing past that should put them in their place.

And if you feel you are being wrongly jilted, don't be afraid to place a complaint with the Texas Department of Insurance. It sucks for the adjuster, but only do it if absolutely necessary. If you do it when the claim is young (and BI claims can take a long time to settle depending on how much treatment you take and the cost of the bills), that adjuster is more likely than not going to try and give you as little as possible, while still being within TDI regulations.

[loves2read]

Don't go to a chiropractor!
Go to an orthopedist although finding one to take you knowing this injury is from an auto accident and you have a claim against the other driver wont be easy
Most medical doctors dont file insurance on accidents in my experience.
That is big problem with current insurance setup IMO which ACA did nothing to remedy