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What can I expect from my settlement?

by Teresa

I was in an accident last November where the other driver made a left turn into me pushing me into a wall doing total damage to my car. He was given a ticket and his insurance company GEICO has been trying to force a settlement after only two months.

I have soft tissue damage to my chest and shoulder, but the dust from the airbag cause some temporary damage to my right eye.

I currently have about $9184.00 from x-rays , CT scans, with two more referrals to an ophthalmologist, and Physical therapy bills plus numbing and tingling sensations to my right hand because my right shoulder was pushed into the raised arm rest.

I missed a week and a half of work, plus some time off for doctors, physical therapy and eye doctor appointments for a total of 79.75 hours of work at $30.12 - my hourly pay of a job I have held for over 10 years.($2401.16) which has been verified by the Fiscal Director at my job. I settled the car for $4985.

In addition to the adjuster pushing me to settle before I know what to expect from my eye problem, Now he is refusing to pay for my transportation cost since I did not rent a car as my knee was swollen for almost three weeks after the accident, and still clumsy to drive.

What can I do to make him understand that taking cabs to work and doctors appointments before we settled on my car last week should still be at his company's expense?


Answer:

Hi Teresa,

I am sorry to hear about your accident and all the subsequent medical problems. GEICO's job is to settle you for the lowest amount possible. They also must try to do this in a fast fashion, so they are trying to do just that (push you into a settlement).

It sounds like you have a lot of damages, expenses, and headaches with this claim. The insurance company must put you back in the position you were before the accident, and pay for all reasonable expenses you have. All you have to do is show receipts and the like info so they can settle with you. Your state legislation affects this type of claim, in some states, the insurance company must pay you as you go. Some others will require you to wait until the very end to get your damages paid.

What can you expect for your damages. It is very difficult to determine without looking at your medical bills, your history, or even knowing your state. You can always wait and see what the insurance company wants to settle for. However, do not settle under pressure. Think things before you say yes, or sign anything. If you are not sure about the damage to your eye, then you must wait until you know. A premature settlement could leave you with a lot of problems.

Consider talking to an attorney. They can give you a better understanding of what to do in this type of claim or they can asses your damages better. Are they going to understand that you need a cab? no they will not, but if your doctor writes a letter to that effect, then the will have no choice.

I hope this helps,

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