Dealing with insurance claims

  • Wanna Join? New users you can now register lightning fast using your Facebook or Twitter accounts.
Mar 18, 2003
5,362
194
0
44
#1
I am currently pursuing several avenues of legal advice/representation but I'm asking here because I know there are some with the capacity to answer these questions without the inclination to lie.

To make a long story short (and yes this is the short version)..

About a year ago I was in a car accident where I was a passenger sitting shotgun. It was a single car accident where the driver lost control of the car and smashed into a canal embankment. The other two people in the car had minor injuries (if any at all). I on the other hand was not as fortunate. I suffered a broken back where the second lumbar of my spine was shattered. I was taken to memorial hospital - soon after I was airlifted to U.C. Davis Medical Center. There, I was admitted, underwent 8 hours of surgery (where they put in a cage, a plate and a set of screws) as they fused the bones back together. I spent approximately two weeks in a hospital bed. Once released, I spent the next several months recovering from what was a near paralyzing accident.

Once I was able, I got on the phone with a lawyer; he sent a P.I. to my house and after some paperwork they began to investigate the driver, the state of his ownership of the car and his insurance. Months passed by, no call, and it were assumed that there was no claim to be sought (no insurance).

So here we are about 2 weeks short of a year since the accident and out of the blue I get a call from an AAA insurance adjuster who tells me the following: The car was not registered to the driver and, in fact, it was his wife's car who was previously deployed under military service. He took the car unbeknownst to her and drove it around at his own discretion. She returned from her military service and saw that the car was missing so she reported it stolen, in which case it was filed as being "impounded and sold". He proceeded to tell me that somewhere along the line he came across some paperwork that said the car was actually wrecked and that there were passengers in the car, one of which suffered a major injury. Here's where it gets a little suspicious. The adjuster tells me that there is a maximum claim of $15,000 which is far from what I accrued over my stay in the hospital. He tells me that he is sending me paperwork; all I need to do is sign it and he would send me a check for $15,000. Now here is what I am wondering:

Is it possible (I would be a fool to assume it is not) this claim adjuster is lying about the $15,000 payout because he knows if I take them to court they are fucked? I know insurance companies are shady, but is there not a law against an adjuster falsifying information like that? He did all but drive to my house with a suitcase full of money like he wanted me to have that shit. A friend of mine said he is doing this because if I sign the papers and take the money I can no longer pursue AAA for more legal damages.

If he is honest about the claim, does the maximum $15,000 claim deny my ability to pursue pain/suffering and other damages?

If you have any knowledge on the subject please advise.
 

I AM

Some Random Asshole
Apr 25, 2002
21,002
86
48
#2
TAKE THEM TO COURT.

OR...

Call him adn tell him you want at least double that PLUS lost wages, pain and suffering, and funds for future medical treatments that may arise from said accident.

DO NOT SIGN SHIT.

Get a lawyer.

I've dealt with them before. They will low ball you and try to get you to sign over and say you won't sue them.

I still have back problems and I agreed to 3 g's.

Tell them you're getting a lawyer if they won't give you what you "rightfully deserve."

Since they are MARRIED.......I'm pretty sure they're BOTH liable. When you are married, shit is 50/50.
 
Mar 18, 2003
5,362
194
0
44
#6
The pain and suffering is quite elaborate. I have not been able to work in almost a year, and I lost my job (as I was per diem). I lost a car lone that I was already approved for. I am liable for all my bills which exceeds six figues. I could not get out of bed for months and had to walk with a cane and back brace. They said I will recover which, for the most part I have, but I will lose 25% of my ability to strecth for the rest of my life. And it is not certain weather I will be able to continue my line of work or any form of manual labor for many years to come.

Oh the claim is there for a large sum of money but my starting point is a difficult one. Because when you're in a position like mine you have everyone trying to get their stake.
 

Rasan

Producer
May 17, 2002
19,730
24,632
113
44
Chula Vista, South Bay, San Diego, California
#9
On top of all my medical bills?
I'm not bullshitting bro, let me give you an example

Our insured hit a claimant, claimant had permanent brain damage. Our insured's BI limit was like 200K. And that shit got maxed out in 2 momths after the accident. After everything was said and done it was a million dollar accident.
Bro, they shattered your spine, your way of living is pretty much fucked off forever. 15 racks is an insult to what you have been going thru. And I would personally recommend AAA's Fraud Unit to look into this bogus story they tried to sell you.
 

Rasan

Producer
May 17, 2002
19,730
24,632
113
44
Chula Vista, South Bay, San Diego, California
#10
let me give you another example.
Post office truck runs over this dude's leg. dude gets 30 racks! for a broken leg! you feelin me yet?!?! get a team of lawyers! lol
BUT, I would have your lawyer do an asset check and see if these cats have money tied. they could be broke.
I'm dont mean to come off like an ass, and i know people make mistakes in life. but i dont like the little story of the car being stolen etc. Dont lie idiots! take honosrhip of the accident!
 
Mar 18, 2003
5,362
194
0
44
#11
^^yeah if not more. How much are you medical bills?
Somewhere in the vicinity of $300,000-$350,000.

I'm not bullshitting bro, let me give you an example

Our insured hit a claimant, claimant had permanent brain damage. Our insured's BI limit was like 200K. And that shit got maxed out in 2 momths after the accident. After everything was said and done it was a million dollar accident.
Bro, they shattered your spine, your way of living is pretty much fucked off forever. 15 racks is an insult to what you have been going thru. And I would personally recommend AAA's Fraud Unit to look into this bogus story they tried to sell you.
Supposing there really is only a "$15k max claim" as he put it, are you saying that doesn't matter? In all liklihood it's bullshit because if it were true why would any insurance company go out of their way to give out money if not for some greater purpose. But what if the insurance was limited liability?

The reason it is important for me to know this is because when I consulted with a lawyer I contracted with him. Part of the contract was that I could not seek any alternative means of legal defense. Furthermore if $15,000 is really all I can get then I would rather not contact said lawyer because he might be entitled to some of it. It is worth it for me to find out, obviously.

And he has no assets. I know dude. But his wife... that might be another story.
 
May 11, 2002
4,039
12
0
44
#12
man your case isnt woth 15K that's complete bull shit. And as far as your claim award I am pretty sure its 60% you and 40% to your lawyer. I dont know exactly what the ratio is in California. Just call a decent lawyer, meet up with him, dont sign anything until you feel that you can get maximum value with the lawyer.
 

Rasan

Producer
May 17, 2002
19,730
24,632
113
44
Chula Vista, South Bay, San Diego, California
#13
if the dude only has 15k, then thats all you get man. But i have seen eager people sue an insurance copmany for a insured thats oer the limit, but let me tell you its a waste.

Baased on what you told us, I thought that was they little offer. But if all they can give you is 15 racks. Make sure whatever you sign states thats the reason they only gave you 15k, and you can go after they insured for the remaining damages.
 

damng

Sicc OG
Apr 19, 2008
1,119
13
0
36
#16
so rasan, say you get into an accident but are not liable. no injuries, nothing like that...all the liable person's insurance has to pay for is property damage, correct? well...kelly blue book value of the car.
 

Rasan

Producer
May 17, 2002
19,730
24,632
113
44
Chula Vista, South Bay, San Diego, California
#17
so rasan, say you get into an accident but are not liable. no injuries, nothing like that...all the liable person's insurance has to pay for is property damage, correct? well...kelly blue book value of the car.
that is correct. however keep in mind, some insurance companies don't go by KBB but by the value of the car based on the average price of your car in the area you live.
also provide any receipts for any recent upgrades, like tires, custom stereo, etc. cuz if you dont bring that shit up, the auto adjuster wont know.
 

damng

Sicc OG
Apr 19, 2008
1,119
13
0
36
#18
aight fasho. good looks homie. MUTHA FUCKAS TRIED TO SAY THEY AINT GONNA PAY ME, BUT NIGGAS GOT SCARY WHEN I WAS COLLECTIN EVIDENCE TO TAKE EM TO COURT. now they finna pay up yaaaaaaaaadadaboy!