15 Guests, 0 Users

Author Topic: I would like your input  (Read 413 times)

0 Members and 1 Guest are viewing this topic.

Offline JoeBob

  • PCCA Charter Member
  • Pinto Sr. Member
  • *
  • Posts: 478
  • FeedBack: +51/-0
  • Gender: Male

  • Total Badges: 7
    Badges: (View All)
    Photographer Topic Starter Signature Tenth year Anniversary Poll Voter Windows User Fifth year Anniversary
I would like your input
« on: August 03, 2019, 12:53:03 AM »
This is about my auto accident a few month ago. If you don't know about it here is the thread. https://www.fordpinto.com/general-pinto-talk/rear-ended-no-boom/msg181190/#msg181190
First the update. After 5 weeks sitting at the body shop work has started. They pulled the frame and the door gaps are restored.
    This is about the medical settlement. After the accident I had back pain at a level 2. To be on the safe side I had an MRI. It showed no accident damage but did reveal some arthritis of the spine.  I believed my pain would resolve it’s self and I would be back to normal.
  A month latter the insurance company called and offered $750 for pain and suffering. I was surprised at this and admitted to the adjuster, I wasn’t expecting anything for a few bumps and bruises. The agent said, “Just sign the paperwork I send, and the money is yours.”
    When the paper arrived, I read the fine print. Signing the paper would absolve Prudential of all future liability. I think the money was a distraction from the true goal, liability release. I decided not to sign.
    Sometime later the agent called requesting my signature. I told her I felt the letter was deceptive and would not sign yet. She said I had to sign; she could not pay my medical bills with no signature. I told her I did not care. Then she said that if they don’t pay, I personally will go into collection and my credit rating will suffer. This made me mad. I will not respond to threats.
    It is good I did not sign. I did not recover. I did not realize I am not young anymore. I am not going to recover. My pain level is still a 2. For the sake of brevity, I am leaving some conversations out.
    I sent an email saying I did not appreciate the deception or threats and would not sign off until I receive an apology. The apology was,  “We are sorry you misunderstood us” It’s a copout, but the best I am going to get. Next she asked what I needed to resolve this.
    I have a permanent injury. This pain could be from the accident or perhaps the arthritis. I had no pain before, so I figure the accident set off a problem. It is possible I could have had years of health if not for what happened, maybe not.
  I said permanent injuries receive big payouts. Because arthritis is a factor and the accident is a factor, I want a small settlement of $15,000. I would like a few things to make my life more comfortable.
    They upped their offer to $1200. That is where it stands. If I live to age 80, this equals 20 cents per day. 
    I know I handled this poorly with the first phone call. I have never been in this situation before. I had no clue.
    I am open to all suggestions.
Thank you
Bill
77 yellow Bobcat hatchback
Deuteronomy 7:9

Offline dga57

  • Chief Moderator / Admin
  • FordPinto.com Moderator
  • Pinto PooBAH
  • ***
  • Posts: 6759
  • FeedBack: +206/-0
  • Gender: Male

  • Total Badges: 8
    Badges: (View All)
    Tenth year Anniversary Topic Starter Signature Poll Voter Mobile User Windows User 1000 Posts Fifth year Anniversary
Re: I would like your input
« Reply #1 on: August 03, 2019, 01:52:15 AM »
Hi Bill!

Glad to hear the repairs are coming along nicely on your Bobcat!

Are the insurance negotiations with the other driver's insurance company, or with yours?  Since they are trying to strong-arm you into signing off on a minor settlement, I'm assuming it's the other driver's insurance.  Do not sign ANYTHING!  If necessary, engage an attorney. 

To my recollection, you've never elaborated on your disability but if there's any way they can point to that and claim it's a pre-existing condition, they will.  Proving that the pain you are experiencing is related to the accident will not be an easy task, hence my advice to hire an attorney.  The insurance company is simply trying to give you enough cash to make you shut up, sign the papers, and go away.  Assuming you have a provable claim, with the assistance of an attorney, I'd suggest filing a lawsuit for a much larger amount than you are actually seeking, and then negotiate downward from there.  It makes a lot more sense than trying to negotiate upwards from a paltry offer.  If faced with the prospect of a $100,000 lawsuit, they may suddenly be much more willing to settle for $15,000; it's worth a shot.  A consultation with an accident attorney should tell you whether you have a case or not.  The $450 increase in the insurance company's offer leads me to believe that they are at least giving some credence to your injury, but they're still hoping to settle quickly and cheaply.  Involving an attorney will tell them that you mean business! 

Good luck!

Dwayne
Pinto Car Club of America - Serving the Ford Pinto enthusiast since 1999.

Offline JoeBob

  • PCCA Charter Member
  • Pinto Sr. Member
  • *
  • Posts: 478
  • FeedBack: +51/-0
  • Gender: Male

  • Total Badges: 7
    Badges: (View All)
    Photographer Topic Starter Signature Tenth year Anniversary Poll Voter Windows User Fifth year Anniversary
Re: I would like your input
« Reply #2 on: August 03, 2019, 07:48:54 AM »
My existing disability is Chronic Fatigue Syndrome. I don't think they know about that.
I know starting at the bottom was the wrong way, but I did not realize I was really injured.
I am dealing with the other drivers insurance. They do know about a back surgery I had 35 years ago. I told them It was a complete success. I went on to a 30 year career installing granite slab facings on buildings. That is very heavy work. 
They brought that up back to me, blaming that for my pain. I could never have done such heavy work if I was not in good health.
They insinuate that a pain level of 2 on a ten scale, is no big deal. Pain like that may not be so bad in your arm or leg, but trying to sleep with back pain of any level is hard. 
My question of you my friends, considering my health is a contributing factor, Am I entitled to anything? A lawyer is my next step after talking to you all.
77 yellow Bobcat hatchback
Deuteronomy 7:9

Offline Wittsend

  • Pinto Master
  • *****
  • Posts: 2091
  • FeedBack: +239/-0

  • Total Badges: 8
    Badges: (View All)
    Tenth year Anniversary Mobile User Topic Starter Poll Voter 1000 Posts Linux User Windows User Fifth year Anniversary
Re: I would like your input
« Reply #3 on: August 03, 2019, 02:56:34 PM »
First off, I'm NOT saying to accept the settlement. What I'm asking you to do is to consider the fight you may have on your hands should you feel the accident has caused difficulties for you long term.

As you have noted they already consider you previous employment a factor for back issues. The MRI revealed nothing other than age (not accident) related arthritis. I'f I recall correctly you are in your mid/late 70's and that would support that. To me that does not make a significantly strong case. Therefore a day, week, month, year later how much of a fight are you going to have getting them to pay for medical issues?  Also, is there a started limit of time you have to make a claim for specific injuries? This is difficult because even if you have real medical issues from the accident there is not much proof there.

  How much is the attorney going to cost you? Be careful because they may word things like, "we'll keep after them" and every time that say that and you say, "OK," that may be additional billing against any settlement you get.

At the least I'd say find out how long you have to sign a settlement..., or get nothing.  Then if it were me I'd wait until near the ending date to accept a settlement if in fact it was my choice. That way you extend the option as long as possible.

Anyway, I'm not a Lawyer, I don't even play one on TV. In the end you need to decide for yourself what is in your best interest. Just make sure your decision is an educated one.

Offline JoeBob

  • PCCA Charter Member
  • Pinto Sr. Member
  • *
  • Posts: 478
  • FeedBack: +51/-0
  • Gender: Male

  • Total Badges: 7
    Badges: (View All)
    Photographer Topic Starter Signature Tenth year Anniversary Poll Voter Windows User Fifth year Anniversary
Re: I would like your input
« Reply #4 on: August 03, 2019, 04:28:08 PM »
I am 64. I am sure my heavy work contributed to my arthritis. I have two years to make a settlement. I am not in any hurry.
     The insurance company seems to be in a hurry to get this off their books. The threat of bill collectors does not bother me. My credit history is excellent. My house is paid for, I can't imagine what I need credit for. 
     If the hospital gets too upset I will pay the bill. Prudential will owe me that much more.
    I learned something in this. Hagerty guaranteed the value of my car per my policy. Prudential did not. So Prudential valued my car at $2000. Hagerty paid the balance of the repair. Just thought you might like to know how it works.
77 yellow Bobcat hatchback
Deuteronomy 7:9

Offline one2.34me

  • Pinto Full Member
  • ***
  • Posts: 140
  • FeedBack: +55/-0
  • Gender: Male

  • Total Badges: 7
    Badges: (View All)
    Tenth year Anniversary Signature Topic Starter Mobile User Poll Voter Windows User Fifth year Anniversary
Re: I would like your input
« Reply #5 on: August 05, 2019, 02:25:57 PM »
Hi joebob,
  I am not an attorney. From everything you've written, you're 64 years old, you worked for 30 years installing heavy stone slabs on buildings. You honestly reported to the insurance company that you have some arthritis and you had completely successful surgery performed on your back 35 years ago.
  The fact is after your completely successful back surgery, you had zero pain in your back, until you were rear ended 35 years later while enjoying a drive in your Bobcat. That confirms to me that your successful back surgery 35 years ago has absolutely nothing to do with your current back pain. The accident is the direct cause of your current pain. It's ridiculous for the insurance company to assume that because of your 35 year old completely successful surgery that at some unknown point in time your back would have begun to hurt anyways, regardless of the accident.
  I think your desire for a $15,00.00 settlement is extremely fair when considering level 2 pain in your back for the rest of your life. I'd do some serious research into legal representation . There is just no way you shouldn't be compensated for what has happened to you and what may happen to you in the future as a result of this accident. Who's to say that level 2 is never going to become level 3,4, etc.? In my mind, the insurance company insinuating your Level 2 back pain is no big deal, just shows how callous they really are.
  Like I said joebob, I'm not an attorney, these are just my personal thoughts on what I would consider if I were in your position.
  All the best to you.
Run Pokey Run!

Offline JoeBob

  • PCCA Charter Member
  • Pinto Sr. Member
  • *
  • Posts: 478
  • FeedBack: +51/-0
  • Gender: Male

  • Total Badges: 7
    Badges: (View All)
    Photographer Topic Starter Signature Tenth year Anniversary Poll Voter Windows User Fifth year Anniversary
Re: I would like your input
« Reply #6 on: August 16, 2019, 11:59:34 PM »

     Trying to work with this insurance negotiator was a waste of time. She did not have the authority to award anything above a small amount. We went back and forth with several emails.  When it became apparent she had no authority to make deals, I asked to be bumped up the chain of command. She refused.
     I am stuck for the time being. My Chronic Fatigue is bad right now. I do not have the energy to do anything about it right now. I do have 20 more months to seek redress.
     
    After 8 weeks in the body shop I still have no car. They say next week. I have heard that 2 times before.   
77 yellow Bobcat hatchback
Deuteronomy 7:9