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One year ago I was stopped to make a left turn. The car behind me slowed and stopped but the car behind them came up to fast striking the one behind me and crossing traffic hitting a delivery truck causing the car to strike us. My husband was a passenger also my 9 and two year old in the back. We were lucky not to have severe injuries. We were treated for whiplash, my husbands back and me and my daughters neck. My son was in a 5 point harness he wasn't treated. The car behind us had similar injuries as did the people in the big truck. The driver at fault was 37 weeks pregnant and lost her child.I had went to school with her and I carried her son until help arrived. I felt the baby moving as I waited with her for help but he dies due to a cord issue about an hour later. Needless to say it was traumatic.They have only lowest limits in Ky on insurance. so we know they are well underinsured in this case. We, however, have an underinsured motorist policy. Everyone is nearing end of treatments and likely a settlement offer.I know we will need to file a claim against our policy due to these limits. I just do not know whats reasonable, and ready to put this behind us. our total treatment was about $8600 and $6000 to fix me suv. How much of an offer is reasonable ?

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no, you misunderstood. She was pregnant but she had another small child who I got out of the car. he was hysterical and ... (more)

lelamassengale (Oct. 27, 2016 @ 9:25a) |

the police report makes clear that she was at fault. Im not sure if it was not paying attention or speeding ect but It w... (more)

lelamassengale (Oct. 27, 2016 @ 9:33a) |

Then have your lawyer ask.  On second thought, have him demand it.

drodge (Oct. 27, 2016 @ 11:56a) |

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$14600 sounds like a reasonable offer...

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lelamassengale said:    our total treatment was about $8600 and $6000 to fix me suv. How much of an offer is reasonable ?
Didn't you already answer your own question?

 

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Did you miss work, etc. That should be included too. Will it be a life long injury, then you need to lawyer up.

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I've never dealth with an auto injury claim so I have no clue. I have a lump in my neck on the right side that was about the size of a quarter. with treatment its about dime sized now and has remained that way for the last 5-6 months.my daughter was afraid to ride in a car for a long time, to be honest the neck injury was not the worst of this experience. it was the shared grief from the loss of the baby. Even though I was not at fault technically and it was a horrible accident, I was the first car waiting to turn. I did everything right. Signal ect but I think what if I had not been turning that day.A child could still be here. As I stood there praying with her I felt the baby moving so it was devastating when the baby didn't survive. Please understand I in no way am trying to sue. Just to get through this with their ins and then the remainder with ours under our own policy.

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I understand that KY requires PIP coverage, which is paid by the insurer of the vehicle in which the injured person is riding at the time of an accident, regardless of who was at fault in the accident. Even basic PIP provides $10,000 per person per accident for medical expenses, lost wages and OOP costs due to injuries, so weren't your bills paid by your insurance company? Has the at-fault driver's carrier made an offer on each bodily injury claim? You could demand the limits and then determine what, if any, underinsured motorist claims you may want to pursue with your own carrier. This is not meant as legal advice, as IANAL
 

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no they haven't made any type of offers. The only thing they did was provide a rental . My car was fixed but paid for by My own ins company. There is only $25000 on their policy to cover 4 cars from how their ins company explained so they said our cars needed to be fixed through our own ins company. Pip paid only 4,000 of that 8600 in Bills . We had a 1,000 deductible which I understand but why they didn't fully pay those I do not know.

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You want to be compensated by a mother that lost her child for being involved in the accident that caused her to lose her child? You feel she owes you for sharing in her grief?

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Did your doctor(s) write off the difference of what PIP did not pay? If not, the doctor(s) may have liens that need to be taken into account, in addition to the 1K deductibles (per person?), your OOP expenses, any lost wages and pain & suffering. If this happened to me, I would demand the at-fault party's bodily injury limits (and since you indicated that it's likely the at-fault driver has minimum limits, that will be split between all injured parties) and then pursue UIM claim(s) with my carrier. If the at-fault party's liability limits are paid out, I believe any PIP lien is extinguished (you should verify this independently). Only you can determine what each claim is worth. Since it has been a year since the accident happened, you might want to read your auto policy (specifically your duties, if any, to your carrier under the UM/UIM sections) and do some research on the internet that's state specific to see what, if any, obligations you have. You may be up against a time limit. Again, this is not meant as legal advice (IANAL). As another person said, you may want to consider hiring an attorney, but keep in mind s/he will take approx 40% of your settlement +/-

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did you not read anything? Im not suing anyone. Im filing a claim against my own underinsured motorist coverage

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It doesn't seem like you have a handle on this, and could probably benefit from having a lawyer.

Are your injuries all resolved or is any permanency?

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yes, this is what I expect to happen. They will divide their policy and then we file our UIM claim. We cannot file anything with ours until they settle that issue and its very stressing to know how and what to except from the at faults coverage so that it doesn't keep us from filing the UIM claim

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The first lawyer I spoke to thought we should handle it ourselves but the more I talk with both Ins companies I see we are getting lies and different stories so I prob will hire an attorney to do both claims with their Ins and the underinsured motorist. I agree I don't have a handle I have no clue what to expect and I'm met with accusations of being greedy or unkind when Ive said over and over that I am not suing the Mother (even if she was at fault) she has been through enough. I am simply using our own ins coverage to bridge the lack of their coverage. My husband has a herniated disc. The knot in my neck is still there and has good and bad days, Its improved a lot over the months but I have no way of knowing if it will ever go away and chiropractor said it may not

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You say everyone is nearing end of treatments, so you and your family have been subject to pain and suffering for a year. That alone is a $50,000+ claim against the driver. Not to mention possible permanent injuries. If they didn't have enough insurance it shouldn't be your problem. A lawyer can find out how much assets they have and determine if you have a chance of getting something from her. Otherwise you are short changing your injured kids and yourself.

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lelamassengale said:   The first lawyer I spoke to thought we should handle it ourselves but the more I talk with both Ins companies I see we are getting lies and different stories so I prob will hire an attorney to do both claims with their Ins and the underinsured motorist. I agree I don't have a handle I have no clue what to expect and I'm met with accusations of being greedy or unkind when Ive said over and over that I am not suing the Mother (even if she was at fault) she has been through enough. I am simply using our own ins coverage to bridge the lack of their coverage. My husband has a herniated disc. The knot in my neck is still there and has good and bad days, Its improved a lot over the months but I have no way of knowing if it will ever go away and chiropractor said it may not
  I would had talked to an attorney asap. not to sue but to help negotiate with the insurance company. You would get more settlement from your own insurance company with representation. I would talk to a few lawyers and see what they say. 

I would definitely get an attorney because it seems that you an injury that could take a while to heal. I had a friend who got into an accident wish he had sued to get money for medical treatment. He is feeling the accident years later. 

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obligatory "diminished value"

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lelamassengale said:   The car behind me slowed and stopped but the car behind them came up to fast striking the one behind me and crossing traffic hitting a delivery truck causing the car to strike us.
  
This might not be how things actually ended up because the damage amount didn't exceed anyone's coverage limit, but my friend was involved in one of these multi-car rear endings (he was second from the front). The guy at the front went after each and every driver behind him. He wasn't just limited to the guy that did the initial rear ending. The argument was that had all those other drivers been standing on their brakes, he wouldn't have gotten rear ended.

http://www.all-about-car-accidents.com/resources/auto-accident/c...

You need to make sure that you are made whole no matter who you have to go after to get it.

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Your insurance should have paid ALL your medical bills. You should ask why they haven't. You should have paid zero out of pocket without asking. There should be no deductible on medical claims.

Any claim on your car made to your insurance company will cause them to sue her insurance company to recover, and they should do that and get you your deductible back.

My relative had an injury, bills totaled less than $10,000. She got $45,000 from his insurance company, they initially offered $25,000. No lawyer.

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You also need to consider the loss of value of your car aka depreciation value due to accident.
Fixing the car is one of them but it lost its value which can be claimed... atleast in NC we do this

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lelamassengale said:   The first lawyer I spoke to thought we should handle it ourselves but the more I talk with both Ins companies I see we are getting lies and different stories so I prob will hire an attorney to do both claims with their Ins and the underinsured motorist. I agree I don't have a handle I have no clue what to expect and I'm met with accusations of being greedy or unkind when Ive said over and over that I am not suing the Mother (even if she was at fault) she has been through enough. I am simply using our own ins coverage to bridge the lack of their coverage. My husband has a herniated disc. The knot in my neck is still there and has good and bad days, Its improved a lot over the months but I have no way of knowing if it will ever go away and chiropractor said it may not
 That's insane to handle it yourself.   What happens when the other party's insurance offers you a settlement and you don't understand all the legal terminology that comes with it?  You could easily sign away rights you don't understand.  I'm not at all a fan of getting lawyers involved for a simple accident.  This is a more complex situation with multiple insurance companies.  If one company is likely to screw you over, two are guaranteed to play off one another and screw you 10 times as badly.  Get representation before you do anything.
 

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Call Mike Slocumb on the HURTLINE.

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Jamieson22 said:   You want to be compensated by a mother that lost her child for being involved in the accident that caused her to lose her child? You feel she owes you for sharing in her grief?
  
I'm not sure why this was negged, but this is exactly the point.

Insurance is protection for you in case you get sued.  In this case, the pregnant mother has insurance in case she gets sued.  If you didn't have the right to sue her, you wouldn't not be getting offered a settlement. To be proactive, an insurance company makes a settlement to avoid the costly lawsuit, but in essence, you are still holding responsible the pregnant mother who lost her child for your grief about her losing said child.

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EradicateSpam said:   Your insurance should have paid ALL your medical bills. You should ask why they haven't. You should have paid zero out of pocket without asking. There should be no deductible on medical claims.

Any claim on your car made to your insurance company will cause them to sue her insurance company to recover, and they should do that and get you your deductible back.

My relative had an injury, bills totaled less than $10,000. She got $45,000 from his insurance company, they initially offered $25,000. No lawyer.

  Thank you for your statistical sampling of one's of people.

And unless this said relative was also in an accident in the same state as the OP, what you have said is irrelevant.

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lelamassengale said:   Even though I was not at fault technically and it was a horrible accident, I was the first car waiting to turn. I did everything right. Signal ect but I think what if I had not been turning that day.

  My $.02 is that if you cannot separate emotions from this, you need to get someone to deal with the insurance company on your behalf. There's no way you should suffer any additional impact just because it's relatively less suffering than the other person... especially the person who was at fault.

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what abt the fact that her SUV is an accident vehicle which has lost resale value
trauma
loss of work

let the insurance come back with the offer 
 

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Be aware that in some states, in order to receive their un/under insured coverage, your insurance company might ask you to agree to sue the at-fault party.

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According to this site: http://www.dmv.org/ky-kentucky/car-insurance.php.... 
The minimums in KY are below.  So their limits are $50K, not 25K.  And the damage to the vehicles is separate from that.  If you don't have a little lawyer, you should probably at least do a little research to find out if what you say you were told is valid.  

Kentucky requires that you hold these coverage types at the following minimums:

  • $25,000 for bodily injuryper person.
  • $50,000 for total bodily injuryper accident.
  • $10,000 for property damage.

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Chyvan said:    
This might not be how things actually ended up because the damage amount didn't exceed anyone's coverage limit, but my friend was involved in one of these multi-car rear endings (he was second from the front). The guy at the front went after each and every driver behind him. He wasn't just limited to the guy that did the initial rear ending. The argument was that had all those other drivers been standing on their brakes, he wouldn't have gotten rear ended.

http://www.all-about-car-accidents.com/resources/auto-accident/c... 

You need to make sure that you are made whole no matter who you have to go after to get it.
 

  
You can sue anybody for anything, and they may settle to get it to go away, but actually HAVING liability is a completely separate matter.  Not sure what kind of Wile E. Coyote physics that guy thought were in effect, but when a car is struck hard enough by another car, no amount of braking will keep it from moving.  The link does not describe the scenario here.  Here, everyone except the at-fault driver felt an impact from the back first.  The link discusses a collision sequence involving an initial collision at the front of the line, followed by OTHER at-fault drivers following too closely and/or inattentively and hitting the pile-up.  It's an unrelated scenario.

OP, it doesn't sound like you're in any condition to handle this yourself.  "If only I hadn't been turning that day," is classic survivors' guilt.  Unless something's being left out, it was perfectly legal, reasonable, and expected for vehicles to be turning where you were.  There is one person responsible for her losses and that person is herself.

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Treefarn said:   
Jamieson22 said:   You want to be compensated by a mother that lost her child for being involved in the accident that caused her to lose her child? You feel she owes you for sharing in her grief?
  
I'm not sure why this was negged, but this is exactly the point.

Insurance is protection for you in case you get sued.  In this case, the pregnant mother has insurance in case she gets sued.  If you didn't have the right to sue her, you wouldn't not be getting offered a settlement. To be proactive, an insurance company makes a settlement to avoid the costly lawsuit, but in essence, you are still holding responsible the pregnant mother who lost her child for your grief about her losing said child.

  
She is attempting to make a claim against her own insurance company because the person at fault, the one that lost her baby, did not have enough coverage to cover for 4 vehicles who was damaged in the process. After this whole ordeal, she is grieving for having to hold a dying infant in her arms. She can probably sue her own ins company for that but no reason why she can't.

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lelamassengale said:   The driver at fault was 37 weeks pregnant and lost her child.I had went to school with her and I carried her son until help arrived. I felt the baby moving as I waited with her for help but he dies due to a cord issue about an hour later. 
  Are you saying she gave birth right there and you held the baby until help arrived? If so, are you a medical professional? If not, I could see the driver coming at you for some negligence. Not saying the whole story here isn't possible, but a new poster + graphic details has my skeptical senses on alert. 

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alhluu said:   
Treefarn said:   
Jamieson22 said:   You want to be compensated by a mother that lost her child for being involved in the accident that caused her to lose her child? You feel she owes you for sharing in her grief?
  
I'm not sure why this was negged, but this is exactly the point.

Insurance is protection for you in case you get sued.  In this case, the pregnant mother has insurance in case she gets sued.  If you didn't have the right to sue her, you wouldn't not be getting offered a settlement. To be proactive, an insurance company makes a settlement to avoid the costly lawsuit, but in essence, you are still holding responsible the pregnant mother who lost her child for your grief about her losing said child.

  
She is attempting to make a claim against her own insurance company because the person at fault, the one that lost her baby, did not have enough coverage to cover for 4 vehicles who was damaged in the process. After this whole ordeal, she is grieving for having to hold a dying infant in her arms. She can probably sue her own ins company for that but no reason why she can't.

  Yes, but she can only make a claim against her own when the other person's insurance is exhausted.  Which means she has to file a claim and/or suit against the other driver, have the liability be accepted, and have the claim denied because the policy limits have been exhausted.  She still needs to place legal liability on the other driver and prove damages prior to getting paid from her own policy.  So what I said in my previous post is correct.  I'm not sure what you are trying to dispute.

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In my experience you are better off with a lawyer. Insurance company just doesn't take people seriously if you don't have one.

Mom was in a 3 car accident. Damages were only around $5000 (cheap car, no ambulance.  She was lucky... if you saw damage to the car you would think she got seriously injured.  She was hit going around 40 while stopped waiting to to make a left turn and pushed into the car ahead of her making the same turn.  Driver and passenger of the van that hit her (it was some sort of construction contractor's van) were hurt far worse though that is mostly because they weren't wearing their seatbelts (I wouldn't be surprised if they both had life altering injuries based on the brief details I heard.

Insurance company was refusing to pay more than $3k (seriously... these were actual costs no games with car value etc. what she was asking for was completely on the low end of what the actual costs were). So anyways insurance company wouldn't pay so she got a lawyer who got something like $10k which gave her ~$1k more (after lawyer fees) than she had asked for in the first place.

The insurance company has decided if you don't have a lawyer statistically they are better off lowballing and hoping you don't get a lawyer than just paying the right amount in the first place. I don't know if this is an official policy (it probably isn't), but I have heard similar stores from a few others in my state so IMO it seems to be the defacto policy.

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I told insurance company, "my mother won't listen to me, her friends are saying to get a lawyer, I have no more time to spend on this. I will give her your offer, but she will reject it." They went from $25,000 to $35,000, then $45,000. And his insurance company was also hers, USAA, one of two top rated companies, AMICA is the other.

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Does OP have her own medical insurance?  If so, wouldn't that pay for direct medical costs incurred?  Then you could go after other person's insurance for medical deductible + pain& suffering.

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A couple years back I was in my first major car accident and hired a lawyer. I was offered x and then x+y, and then after not getting the desired amount, my lawyer sat on the case for a year and then the insurance company settled for x+y+z amount so it may pay just to sit on this case for a little bit until you get the amount you want.

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I actually already ask state farm (their ins) for a diminished value and they denied my claim

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no, you misunderstood. She was pregnant but she had another small child who I got out of the car. he was hysterical and we were in the middle of the road. I had to get him to watch him. the baby I felt move was in the womb.I was there with the mother

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the police report makes clear that she was at fault. Im not sure if it was not paying attention or speeding ect but It was still just such a traumatic event. I have prayed for her, I cant image that pain. I only know my own. and my heart is still broken.

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lelamassengale said:   I actually already ask state farm (their ins) for a diminished value and they denied my claim
  Then have your lawyer ask.  On second thought, have him demand it.   

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