Help Review My Settlement Offer After Being Rear-ended

[MBster]

Quick Recap:
I was rear-ended in my compact car by a Ford 250 truck at a red light back in October (it was clear and sunny morning). The truck was a fleet vehicle from a company contracted by our local power company. The driver was not paying attention and was on his cell phone at the time. He immediately admitted fault to me, his supervisor, and their insurance carrier. We did not file a police report, but everything went smoothly. Their insurance company got me a rental vehicle for a week and paid all the autobody work (~$2000) - both paid directly to the respective companies. I ended up taking about 9 hrs of Leave from work for a medical check up and precautionary recovery (as suggested by Dr.), which equated to loosing about ~$400 and another $116 for Dr's visit. Luckily, no other visits for medical treatments. I don't think I can legitimately claim diminish value as my compact is now ~10 years old.

Anyway, their insurance company (Chartis Insurance) has finally called to offer me a settlement of ~$616 ($116 for Dr's visit and $500 for inconvenience, etc.). Basically, do you think this is a fair settlement offer or is it a lowball first offer? The accident occurred in a pretty liberal part of Maryland (Montgomery County).

 

[adamhawley]

Accidents happen, right? Take your money and go. They've paid all of your losses and then some. Do us all a favor and fight the temptation to raise everyone's premiums. Don't get greedy. You've been treated fairly.

 

[Josh]

I may be missing something, but they made you whole (fixed car, fixed you), replaced your income, then gave you $100? Sounds more than fair.

 

[MBster]

Thanks for the replies. I'm not looking for a wind-fall at all or doing anything frivilous. I just want to make sure I'm covered in case something crops up (e.g. future medical issues, etc). Again, as someone who had never experienced a car accident before, I don't know what needs to be accounted for before agreeing to a settlement that is fair to all (and not just the insurance company and the driver who was on his cell phone, which is illegal in Maryland by the way).

 

[Josh]

If you find out down the road that there are additional injuries and complications that are a result of this accident, they're still on the hook for them.

 

[MBster]

If you find out down the road that there are additional injuries and complications that are a result of this accident, they're still on the hook for them.

Really? That's good news! A settlement does not mean I sign away all rights and I "go away" for good? I like this.

 

[Josh]

Really? That's good news! A settlement does not mean I sign away all rights and I "go away" for good? I like this.

Based on what you're saying I thought you might. Odds are this isn't going to be more of an issue because it sounds minor, but if you visit the doctor in six months and they find out this accident caused internal bleeding for months or whatever (I'm sure it didn't, but just to give you an idea) then they're still on the hook for the medical bills forever. You may not be able to get more money for time off from work and such, but at a minimum they're on the hook for any medical bills resulting from the accident.

Honestly, sounds like you won


.

 

[djs]

Be careful.
Sometimes the 'extra' money comes with strings attached, mostly that you won't sue for any more 'extra' money.

Its a fair deal, just make sure you understand what you are signing when you sign it. Ask the adjuster the question about any potential future medical bills. They should be able to point this out in writing. It is normally there, but the burden of proof will shift. For instance, 6 months from now, you suddenly have constant headaches. How do you know that this was caused by the accident? You probably don't, unless a doctor can point to something specific.

To be honest though, there really isn't a change on this. You saw a doctor after the accident, he basically told you that you were shaken up from the accident, take a few hours off, you'll feel better. And basically thats what happened. If something comes up down the road, the insurance company is going to point to the doctors report and say there are no further injuries.

Take the deal. Understand further injuries (whether you take the deal or not) will have to be proven to be related to the accident.

Dan

 

[GeminiGroup]

Thanks for the replies. I'm not looking for a wind-fall at all or doing anything frivilous. I just want to make sure I'm covered in case something crops up (e.g. future medical issues, etc). Again, as someone who had never experienced a car accident before, I don't know what needs to be accounted for before agreeing to a settlement that is fair to all (and not just the insurance company and the driver who was on his cell phone, which is illegal in Maryland by the way).

Not trying to be a 'bully', especially to anybody in 'TERP' country c/o '94...
Anyway when you mention stuff like 'low-ball offer' it certainly sounds like a person fishing for dough.

You've laid out a case of a simple, minor accident...where it seems both parties acted just like we want civilized people to do so but:
because of Montgomery County being a "liberal (and in fairness NOT the cheapest) area" and
the driver being on his cell....it kinda feels like... you'd like an unjust 'windfall'.

Driving while on the cell was illegal the day of the accident and YOU were ok NOT reporting it then
but NOW it's important to point out the law.....just sayin'
If it was THAT big a deal to you, you should have called the Montgomery County Sheriff Dept or Rockville or Gaithersburg Police or wherever you were at the time....
So why not just, collect your money (including the extra Benji) and call it a day.... just like you would have, had you been hit in Allegany or Somerset (the no money but possibly more conservative) counties.

Best of Luck, hope you don't have any more complications regarding this accident in your 10 y.o. car.

 

[theinsuranceman]

You may want to consult with an attorney about the future medical issues.