Car accident insurance company legal issues

[427Vette]

My wife was rear ended at a stop light by a commercial vehicle about 4 years ago. She was not seriously injured but had/has some neck and back issues. From the start the other drivers insurance company was very compliant and easy to get along with and very quick to cover the cost created by the accident. We opted not to hire a lawyer because they were so quick to respond to any of our request, cover the damage to the vehicle, pay for medical bills etc. We were trying to navigate through this without getting things overly complicated, we forwarded whatever information that they wanted. For example out of pocket expenses for medical, chiropractor, physical therapy and of course wage loss etc. The wage loss is tough because we are self employed but we put together a realistic figure. Since my wife is 49% owner of our business they also requested our K1 forms as well. I am not a fan of the "Sue The Ba$tard$" mentality so we calculated a conservative amount for possible future complications, pain/suffering etc. My attitude is changing since we are now getting the silent treatment. They currently have our request of what dollar amount we need to close out this whole ordeal. They have put us on radio silence and I am getting disgusted. Where do I go from here? Is this a game they play at the end to purposely frustrate and drag things out hoping we may accept a smaller offer to settle? Did I muddy this up to bad to embarrassingly go to a lawyer now?

I would appreciate any input I can get. Thanks in advance.

 

[CoolRich59]

Don't know what state you are in, but my state has a 2 year statute of limitations on injury claims.

I would suggest you talk to a local atty asap (i.e., this week) to see where you stand. Ask friends/family for a recommendation. If no local friends/family, call the local bar association.

 

[427Vette]

We are in Minnesota. Apparently there is a 6 year deadline to file a lawsuit.

 

[Just_Steve]

So you cheeped out so the lawyers wouldn't get a cut and now you are learning a lesson on why they get their cut.

 

[Lakewood90712]

Wow , 6 year statute of limitations . Never seen that before, but I haven't stepped foot in MN in about 40 years.

My guess is they no longer are the insurance co of the offending party.

Liability insurance company " Defend" the insured, that does not mean pay claims, unless the insurance co decides it is cheaper than risk having to defend a lawsuit. If you have a one million $ liability policy, the insurance co is obligated to spend up to 1 Mil. $ defending you in court.

I do not believe this applies in a no fault state , but see my signature below

So , contact a personal injury atty, asap. , and not My Cousin Vinny.

 

[njhowie]

Did you report the incident to your auto insurance company when it occurred and are you still with the same insurer?

 

[427Vette]

So you cheeped out so the lawyers wouldn't get a cut and now you are learning a lesson on why they get their cut.

Thanks for your kind input. There are an incredible amount of things that you don't know about the situation we were in at the time yet you still have got it all figured out as to why I didn't hire a lawyer from the start. Now that you have picked the scab to help you put it into perspective I will tell you just one of the things that was going on. Right at this time I had three of my immediate family members pass away within 3 days of each other. Of course it wasn't just the deaths that we were dealing with it was their diagnosis, constant doctor visits, hospital stays, nursing home, hospice, running for new medications in the middle of the night. The list goes on and on and on more then you will ever imagine. Then of course there was planning a triple funeral. That was just that situation (as if that isn't enough) the rest of the world doesn't stop and wait. Our business had to keep running, our employees needed attention and of course our own personal lives had to go on as well. We didn't hire a lawyer because there honestly was not one extra second or ounce of energy to deal with it. Besides, I didn't think I needed one because they were writing out checks and being very cordial until recently. After the rest of our lives calmed down I was about two years into this thing and I thought it was already to late to hire a lawyer so I stayed at it by myself which brings me here today, asking for kind advice.

Ironically I remember a post you made in another thread just a few days ago. Apparently you "cheeped" out by doing some remodel work yourself. Apparently you thought the professionals charged to much. How is it different?


Thanks to everyone else for your thoughtful replies and willingness to help.

 

[427Vette]

Did you report the incident to your auto insurance company when it occurred and are you still with the same insurer?

Yes we reported it to our insurance company and yes we are still with them.

 

[njhowie]

Yes we reported it to our insurance company and yes we are still with them.

That's very good. Then you should go to them and let them deal with it...they should have been doing everything for you from the very beginning.

 

[splitwdw]

That's very good. Then you should go to them and let them deal with it...they should have been doing everything for you from the very beginning.

+1
Curious that they weren't involved from the beginning.

 

[Bigdawg]

Interesting that someone thinks not bringing in a lawyer right away is “cheaping out”.

Or "cheeping out"

 

[ivinsfan]

Since you live in Mn and we have no fault coverage, for the items you mentioned above you go thru your own insurance first who pays up to your coverage limits. If you have remaining claims they go to the other insurance up to the limits of their coverage.


The pain and suffering is not covered by either one of these companies. I see you mentioned it was a commercial vehicle but don't say what kind of company it was. Was it an out of state vehicle.. generally MN is one state where you don't need a lawyer for relatively minor injuries, but the commercial aspects mean the rules might be different. You never mentioned any gross negligence on the offending drivers side. What's the range of the number you submitted....

 

[427Vette]

+1
Curious that they weren't involved from the beginning.

I cant really speak intelligently about it but apparently our insurance covers the damages up to a certain dollar amount. After that dollar amount is exceeded it transfers to other drivers insurance company. So our insurance company was involved at the beginning.

 

[ivinsfan]

I cant really speak intelligently about it but apparently our insurance covers the damages up to a certain dollar amount. After that dollar amount is exceeded it transfers to other drivers insurance company. So our insurance company was involved at the beginning.

This sounds like classic MN no fault insurance where pain and suffering and "possible future" problems are not coverage. Goggle MN no fault insurance.

 

[427Vette]

Since you live in Mn and we have no fault coverage, for the items you mentioned above you go thru your own insurance first who pays up to your coverage limits. If you have remaining claims they go to the other insurance up to the limits of their coverage.


The pain and suffering is not covered by either one of these companies. I see you mentioned it was a commercial vehicle but don't say what kind of company it was. Was it an out of state vehicle.. generally MN is one state where you don't need a lawyer for relatively minor injuries, but the commercial aspects mean the rules might be different. You never mentioned any gross negligence on the offending drivers side. What's the range of the number you submitted....

It was a local, rather large heating and air conditioning company work van. It was from MN. Regarding gross negligence, she was stopped at a red light and he plowed into her. My wife said the second she looked in her mirror he was on his phone. it appears he was possibly texting. We submitted to receive around $80,000 to cover expenses.

 

[Stormy Kromer]

I was involved in the auto insurance business in MN for over 30 years.

Personal Injury Protection (PIP) from your own insurer pays the first level of medical & lost wages, minimum $40,000, for up to 3 years.

Once your injuries reach $4,000 of medical bills, or permanent injury, the injured party can make a claim against the negligent party. You've obviously reached that. Never let an insurer ask you for how much you need to settle the accident, they already have a number in mind and reserved in their incurred losses for the year. On their books, they've already paid you.

One thing I learned in the insurance business is this. If you think you might need an attorney, you already need an attorney.

I'm sorry for your personal losses recently, take your time with this and then interview attorneys. I've even seen some negotiate their fees, but expect 33% plus expenses. If you have already received an offer from the other party's insurer bring it to the attorney. I'd suggest asking your own insurance agent if they could recommend a good attorney, they usually know who the effective ones are.

Also, you may have a potential Underinsured Motorist claim. If the other party doesn't have adequate limits to pay for your claim, then you turn back to your own insurer for another level of coverage. This is best done by an attorney.

Good luck to you, you have my sympathy on your recent losses.

 

[pb4uski]

Communicate to them a deadline for them to settle your claim by and tell then that if they continue to ignore your communications and the claim is not settled to your full satisfaction by a specified date that they will then hear from your lawyer. That may get things moving.

 

[Stormy Kromer]

427Vette, please consult an attorney before accepting the amount you've submitted.

 

[MRG]

I did IT for a living. My position allowed me to get inside the biggest back offices around. Financial services and insurance companies.

I share your disdain of attorneys, however insurance companies might be worse. I can say this, it is not that attorneys tell you they get more respect from insurance companies, they do. I've seen their processes and you go down a completely different path when you're represented.

 

[Walt34]

427Vette, please consult an attorney before accepting the amount you've submitted.

+1.

Settling an accident claim where there even might be future pain/suffering is NOT a DIY project. Given that the statute of limitations has not yet expired simply explain to the attorney what happened and why. They've seen it before.

 

[Just_Steve]

Thanks for your kind input. There are an incredible amount of things that you don't know about the situation we were in at the time yet you still have got it all figured out as to why I didn't hire a lawyer from the start. Now that you have picked the scab to help you put it into perspective I will tell you just one of the things that was going on. Right at this time I had three of my immediate family members pass away within 3 days of each other. Of course it wasn't just the deaths that we were dealing with it was their diagnosis, constant doctor visits, hospital stays, nursing home, hospice, running for new medications in the middle of the night. The list goes on and on and on more then you will ever imagine. Then of course there was planning a triple funeral. That was just that situation (as if that isn't enough) the rest of the world doesn't stop and wait. Our business had to keep running, our employees needed attention and of course our own personal lives had to go on as well. We didn't hire a lawyer because there honestly was not one extra second or ounce of energy to deal with it. Besides, I didn't think I needed one because they were writing out checks and being very cordial until recently. After the rest of our lives calmed down I was about two years into this thing and I thought it was already to late to hire a lawyer so I stayed at it by myself which brings me here today, asking for kind advice.

Ironically I remember a post you made in another thread just a few days ago. Apparently you "cheeped" out by doing some remodel work yourself. Apparently you thought the professionals charged to much. How is it different?


Thanks to everyone else for your thoughtful replies and willingness to help.

Some things in life you can tackle on your own but taking on a team of insurance company lawyers is not one most laymen should attempt as you are finding out.

 

[ivinsfan]

OP have you been made whole on all your out of pocket expenses? Frankly your other stuff is getting into a pretty grey area...I'm curious how you broke down the 80K... IMO you need to find out 2 things, have you been paid out to the limit of the other parties insurance and would you be covered by the underinsured motorist coverage on your own policy.

I suggest you might contact your own insurance company and ask how you would proceed. I think you'd have trouble getting a lawyer involved at this point as the lion's share of the money has already been dispensed directly to you.