Auto Injury

What Happens During The Mediation Process Of An Auto...

New postby Miquel » 26 Oct 2012, 18:53

What happens during the mediation process of an auto injury claim?

Auto accident. Injuries and filed suit. Depositions. Now an appointment for mediation prior to trial date. What happens during this process?
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New postby Bethanie » 26 Oct 2012, 18:53

Both sides agree on a mediator.

Then they meet - starts in the same room. Each side says a little about their case.

Then they are separated. The mediator goes from one room to the other between the two parties. The mediator is trying to point out the weakness in each side's case and get them to agree on a settlement figure.

Each side pays their own cost and 1/2 of the mediator.

Usually the mediator is another attorney or retired judge. It's not uncommon for an attorney who has had a long and distinguished career to retire and just act as a mediator.
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How are auto injury settlement amounts calculated?

New postby Clarice » 26 Oct 2012, 18:53

Is there a common calculation that is a rule of thumb at all with auto injury settlements? My husband and I were hit head on a few months ago and he was badly injured (in the hospital for a week). Do we take our medical bills and multiply by a certain amount at all or is that just a rumor? Any help is appreciated!

Oh, and we are working with an attorney - he just hasn't given us any kind of figure yet since we're not done with medical treatments.
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New postby Marguerite » 26 Oct 2012, 18:53

There is no calculation to use to decide an injury settlement. Believe me if there was, it would make my job a heck of a lot easier.

Each claim is reviewed and evaluated individually. Some things the adjuster will consider......
1. Where did the accident occur? Some venues are bad, some are ok
2. How did the accident happen? Was there extensive damage to both vehicles? Was there ANY damage to the vehicles? Sometimes people present medical bills in the tens of thousands and no damage to their car. Its hard to then correlated the claimed injuries as being related to the accident.
3. What type of injuries were sustained? What type of treatment was received? How long did the individual treat for? Was the person taken off work? Will they have lost wages?

So to answer your question, we do not take the medical bills and multiply them by any number, that is just a rumor.

Your attorney should be able to give you an idea of what the claim would settle for.

If your husband was severly injured & everything adds up (damages, injuries, treatment) and all appear to be related, you can expect to get your bills covered and then maybe a few thousand over that for pain and suffering.

If there were relatively minor injuries, maybe a few hundred over the medical.

Keep in mind though your attorney is going to take a portion of the settlement.

Hope this helps
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When an insurance company pays an auto injury claim, do...

New postby Aleen » 26 Oct 2012, 18:53

When an insurance company pays an auto injury claim, do all passengers get seperate checks?

I got into a car accident and had 1 other passenger. When the insurance company compensates us for the injury claim, will it be 1 check or 2?
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New postby Kandace » 26 Oct 2012, 18:53

Crystal_wade06, Try getting an online insurance quote It's free and generally hassle free. http://www.autoadviceonline.com/Free-Au ... Quote.html

Hope it works out
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Do I have to provide a deposition or statement if I am in...

New postby Frida » 26 Oct 2012, 18:53

Do I have to provide a deposition or statement if I am in pro per for an auto injury claim?

If I decide to handle my own auto personal injury case, do I have to provide a statement to the other AT FAULT insurers insurance company? I was an injured passenger in my sister's car and the other person was found to be 100% at fault by their own insurance company. Too, can I file a claim with my sister's insurance and my own insurance? I am not with the same auto insurance carrier (it's been about 2-3 months that I switched), but can I still claim with them? Thanks!
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New postby Christeen » 26 Oct 2012, 18:53

Some of my answer may depend on your state.... Unless you have an attorney, the only way for the at fault insurance company to evaluate your injury claim is to obtain your statement and assess your injury, medical treatment and bills. If your sister was not at fault, you can file a medical claim on her no-fault insurance coverage (PIP) if she has it, but you can't file a bodily injury (liability claim) against her policy if she's not at fault. If her PIP coverage exhausts, you may file an excess claim on the PIP coverage on your auto policy which was active at the time of the accident... hope this helps :)
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How can i negotiate a settlement claim for an auto injury...

New postby Lesia » 26 Oct 2012, 18:53

How can i negotiate a settlement claim for an auto injury with usaa insurance?

USAA insurance company only wants to give me $1000.00 & my daughter $700.00 for our injuries due to their insureds boyfriend who did a burn out in a puddle of water and rear ended me. We hurt our backs and necks but they are somewhat better for the most part. At least a few days a week we still have to deal with some pain, or stiffness, soreness. The adjuster isnt even paying me for my time off from work. What should I do?I know we could get more but I dont want to hire a lawyer, plus I only have until this June 19, 2006 to do something. Help! I want to be able to write some sort of letter sounding like I know what I'm talking about.
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New postby Fernando » 26 Oct 2012, 18:53

Ouch! When no void comes to a settlement with insurance, your best best would get a injury lawyer. In most case you will WIN and don't have to pay a lawyer one cents. Check with the law bar in San Fransico and ask the clerk to find you good rate lawyer who wins win. Hopefully they will have someone contact you. Good luck, i would file, because I had to in the past when I was in a car accient and it was the cop fault. Had to sue the city!
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How do i work with a auto insurance adjuster for my auto...

New postby Marian » 26 Oct 2012, 18:53

How do i work with a auto insurance adjuster for my auto injury for a settlement? How do i work with a auto insurance adjuster for my auto injury for a settlement?
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New postby Dodie » 26 Oct 2012, 18:53

The way to work with the adjuster is through open communication.

If you have a question -- ask it.

Here's how the process works: The adjuster does an investigation to determine liability. If they determine that their policyholder is responsible for your injuries then they can talk money.

The adjuster will have you sign a medical authorization. This form allows the insurance company to get copies of your medical bills and records. The adjuster mails the request to all the providers that treated you for the accident. It could easily take 6-8 weeks (or more) for them to get the bills and records from the providers.

Once they get the medical bills/records they evaluate them. If you missed work, you can also have your company write up a statement saying how much you make and what you missed and give that to them. They evaluate all the information and make an offer. The adjuster will have room to move from the opening offer but it won't be much. They are not going to offer 5,000 and then settle at 15,000. But they will have some room.

You can accept the offer or you can counter offer. By talking with the adjuster you eventually get it worked out and agree on a figure. The adjuster will have you (and your spouse if married) sign a final release that ends the claim once and for all. Then they send you the $. If there is a medical lien, they will have to make sure that is paid from the settlement proceeds.

The settlement will consider medical bills, lost wages and pain and suffering.

Now, a lot of people will tell you to get a lawyer. Here's some insight about that.

Adjusters are not afraid of lawyers. We work with them all the time. We have probably worked with what ever lawyer you hire before and will work with him again.

Now, your injury is worth what it's worth regardless if you have a lawyer or not. The offer is based on the injury itself. It's your decision to hire a lawyer and your responsibility to pay him. The insurance company does not consider the lawyers fees when making an offer-- that's not our problem.

A standard lawyer's fee is 33% of the settlement. So if you want to give a lawyer 1/3 of your money - it's your choice.

But most likely you will end up with less money in your pocket because now the pie is being split 3 ways (you, doctors, lawyer) instead of just two (you, doctors).

I always suggest trying to work it out with the adjuster first. Then if you decide you want to hire a lawyer b/c you just can't get things resolved do it. I'm going to pay the same on the claim either way. I'd rather the money go to you (who probably needs it) rather than some plaintiff attorney. But the plaintiff attorney does need to find a way to pay for his big house and fancy car...so if you want to share your money with him - go ahead.

Again.. keeping the lines of communication open with the adjuster is how to get this resolved.
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How much should i settle my auto injury claim for?

New postby Clemmie » 26 Oct 2012, 18:53

I had an acccident about a year and half ago and i was a passenger. i have no health insurance and have been footing all medical bills thus far. i am writing a deman letter right now but am wondering how much should be my compensation request.
here's a brief summary. the other driver is at complete fault. i have all soap notes from doctors,bills and reports. we were hit head on while on our way to my root canal surgery, i was having my permanent put in. i had to go in 2 weeks later wearing a cervical collar. i have choronditis, back sprains and horrible knee contusions still left on my foot. my doctor has recommended physical therapy for up to 3 months but i can't afford to go anymore thus why i am trying to settle.
total medical bills is about 12,000 not including other misc like pills.
i just don't want to ask too high or be taken for a fool,so please help. thanks.
also yes, they have never mad an offer at all in a year and a half. i basically want this to be over since two years will be november.
again, should i start at 3x medical expenses or what number?
should i expect to be reimbursed for all the money i have put out thus far. i have no health insurance, so it has been a huge burden.
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New postby Krystle » 26 Oct 2012, 18:53

Year and a half....they havent made you an offer? id at least triple the medical bills, to start
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Where can I get good legal advice about a auto injury and...

New postby Hanh » 26 Oct 2012, 18:53

Where can I get good legal advice about a auto injury and getting some medical help.?

I was seriously injured in an auto accident and have no personal ins. The dr.'s will not do 3rd. party billing & bill the auto ins. directly. They want me to pay for all care up front. The specialists want $500.00-$750.00 just for a consultation. I am in constant severe pain & need to get med. care fast but no one will help & the dr.'s won't let me make payments! Go figure. If anyone knows anything that can help or a good lawyer that can help please let me know.
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New postby Tamisha » 26 Oct 2012, 18:53

From an attorney that specializes in that. not an ambulance chaser....
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