Connect and get the inside scoop on Airline Companies

Welcome to Airline Pilot Forums - Connect and get the inside scoop on Airline Companies

If this is your first visit, be sure to check out the FAQ. Join our community today and start interacting with existing members. Registration is fast, simple and absolutely free.


User Tag List

Post Reply
 
Thread Tools Search this Thread
Old 07-13-2020, 05:20 PM   #1  
Gets Weekends Off
Thread Starter
 
Fourpaw's Avatar
 
Joined APC: Mar 2012
Position: Airplane
Posts: 559
Default Insurance Settlement

So my wife had an accident about 2-2.5 years ago that totaled her car. She went to the chiropractor for 4-5 months for adjustments and we received monies that paid off the doctor and a small amount for the car.

The offender that hit her was a “commercial” operator for Porta-johns. They were deemed at fault. The insurance adjuster has been emailing us every few months over the last couple of years about issues getting docs from the chiropractor. They just emailed us the other day stating that they are giving up on obtaining the records and want to pay a small amount for “pain and suffering.” While I am happy about the free chunk of change, I did do my due diligence and see that it doesn’t match any algorithm for calculating pain and suffering.

So the real question is, Should we just take the unexpected money or try and haggle for something higher?

Thanks in advanced!
Fourpaw is offline  
Old 07-13-2020, 05:23 PM   #2  
Gets Weekends Off
 
Myfingershurt's Avatar
 
Joined APC: Jul 2015
Position: MD-88 FO
Posts: 402
Default

Does the “heavy hitter” or Morgan and Morgan have offices where you live? Maybe call them. Or any other number of ambulance chasing contingency fee charging scheisters out there. I’m sure they could get a few hundred thousand.
Myfingershurt is online now  
Old 07-15-2020, 08:40 PM   #3  
Gets Weekends Off
 
pnwchief22's Avatar
 
Joined APC: Nov 2011
Position: AC90 Left
Posts: 100
Default Legal Advice

Have you retained council? My daughter was involved in a collision back in 2006 ( she was a minor at the time ), where the other guy was at fault and was cited by the investigating officer, his traffic citation was uncontested. We received an offer from his insurance company, and shortly after I hired a qualified attorney. The settlement amount increased.
pnwchief22 is offline  
Old 07-17-2020, 08:43 PM   #4  
Perennial Reserve
 
Excargodog's Avatar
 
Joined APC: Jan 2018
Posts: 5,097
Default

Quote:
Originally Posted by Fourpaw View Post
So my wife had an accident about 2-2.5 years ago that totaled her car. She went to the chiropractor for 4-5 months for adjustments and we received monies that paid off the doctor and a small amount for the car.

The offender that hit her was a “commercial” operator for Porta-johns. They were deemed at fault. The insurance adjuster has been emailing us every few months over the last couple of years about issues getting docs from the chiropractor. They just emailed us the other day stating that they are giving up on obtaining the records and want to pay a small amount for “pain and suffering.” While I am happy about the free chunk of change, I did do my due diligence and see that it doesn’t match any algorithm for calculating pain and suffering.

So the real question is, Should we just take the unexpected money or try and haggle for something higher?

Thanks in advanced!
Is it a FAIR settlement for what she went through? If it is, take it and run. If it isn’t, negotiate for more or hire a lawyer.

Algorithms don’t much matter, she’s the only one who knows how much pain and suffering she went through,
Excargodog is offline  
Old 07-18-2020, 06:55 AM   #5  
Gets Weekends Off
 
Peabody17's Avatar
 
Joined APC: Jun 2019
Position: Right Seat
Posts: 137
Default

Remember, a lawyer doing this kind of work will take 30-40% of any final settlement/judgment, so they will essentially need to double what you are currently offered for you to see any gain. If that’s not reasonable, take the current offer...
Peabody17 is offline  
Old 07-21-2020, 12:29 PM   #6  
Gets Weekends Off
 
geosync's Avatar
 
Joined APC: Jun 2015
Posts: 110
Default

Quote:
Originally Posted by Fourpaw View Post
So my wife had an accident about 2-2.5 years ago that totaled her car. She went to the chiropractor for 4-5 months for adjustments and we received monies that paid off the doctor and a small amount for the car.

The offender that hit her was a “commercial” operator for Porta-johns. They were deemed at fault. The insurance adjuster has been emailing us every few months over the last couple of years about issues getting docs from the chiropractor. They just emailed us the other day stating that they are giving up on obtaining the records and want to pay a small amount for “pain and suffering.” While I am happy about the free chunk of change, I did do my due diligence and see that it doesn’t match any algorithm for calculating pain and suffering.

So the real question is, Should we just take the unexpected money or try and haggle for something higher?

Thanks in advanced!
I'm in aviation claims, so not exactly the same. But usually the standard is use "3 times the medical bills" as a baseline for pain and suffering settlement.

Figure out what that number is, and ask for double that to give yourself negotiating room. They won't give you that but you may get more what they are offering. Of course, find out what they want to give you first, and if its a low ball, come back with your demand.

For example if you paid $10k for medicals, ask for $60k, due to all the pain and suffering. Don't be ashamed create a sob story, claims adjusters are professionals that do it for a living so they're used to the haggle.

Keep in mind there is a statute of limitations for settling a bodily injury claim. Check what it is for your state(google it). If you go past that, you're screwed because the claims guy can shut you down and you can't legally recover anymore.
geosync is offline  
Old 07-25-2020, 07:39 PM   #7  
Gets Weekends Off
 
Liketoflyjets's Avatar
 
Joined APC: Dec 2019
Position: B-58
Posts: 131
Default

Auto accidents USED to be 3x medical...that is long past being 'standard'....

You can negotiate whatever you can negotiate, but as a starting point you are probably wasting your time with 3x unless the injury was brain damage, loss of limbs, movement, eye sight..etc.

Father of 5 loses both eyes and his hands? 10 Mil

16 year old goes to back doctor 5x and has soft tissue 'pain'? 5-10k and run like the devil
Liketoflyjets is offline  
Old 07-25-2020, 07:53 PM   #8  
Gets Weekends Off
 
neverposts's Avatar
 
Joined APC: Apr 2020
Posts: 119
Default

You can do what you want but i would take it if i were you. I'm an adjuster and 30/60/25(any adjuster knows what those numbers mean) is terrible coverage.
neverposts is offline  
 
 
 

 
Post Reply
 



Thread Tools Search this Thread
Search this Thread:

Advanced Search


Related Topics
Thread Thread Starter Forum Replies Last Post
Life Insurance help... mrglass2626 Foreign 0 06-12-2013 12:00 AM
FedEx Life Insurance Conversion at Retirement Jetjok Cargo 33 10-12-2012 08:11 AM
One Economists take on Healthcare Winged Wheeler Money Talk 61 08-10-2009 07:47 PM
Health Insurance fedupbusdriver Pilot Health 1 04-18-2009 06:10 PM
UPS health insurance while on furlough cessnapilot Cargo 3 03-03-2009 02:01 PM


All times are GMT -8. The time now is 05:02 PM.