Dealing with insurance cariers after accident

[Macfast]

Let me try to explain. My wife was involved in a car accident monday morning on her way to work.
Same road she travels 5 days a week for 10 years,
This guy runs through a stop sign at about 45mph she see's him flying through{she has right of way} Hits the brakes and slams into him just behind his drivers door. 91 chevy duely knocks the rear end out of the truck. She is a very careful driver. 1st accident ever she comes to a stop on the other side of the intersection so she was most likely going 35 to 40 on inpact.
The car is totaled 06 toyata avalon. The other guys insurance Geico is not enough to cover the cost.They want my insurance to cover it and bill them Is this a good idea?
Payoff is less than value of car. I do not have underinsured motorest insurance
Plus my wife has allready
1- had a ride in the ambulance
2= emergancy room xrays
3- ortho mri to find broken thibla {Big bone just under knee} surgery this thursday to install plate and screws
4= I had to take off work to carry her from bed to bathroom she also has chest injuries
My world is a mess at this moment
When Moma isn't happy it effects everyone
Is it a good idea to lawyer up? And in the end after their take would we come out better?
If any one has been down this road Please some words of advice

 

[Charlesbusa]

As long as one or both of the insurance companies cover all the charges related to the accident and your rates won't go up, no need for a lawyer.

Are the insurance companies saying they won't pay? Or that your rates are going to increase?

 

[Charlesbusa]

After thinking about it, if they aren't paying past a certain level because the other guy's insurance does not have high enough limits and your insurance company won't pay because its not covered.  Then yes you need a lawyer.  Probably to go and sue the guy who caused the accident.  Hopefully he has something to go after, but not likely since it sounds like he has just the minimums of coverage.

 

[Macfast]

Will know more in the morning. Gieco caps at $25000 - towing and estimite charges. car is worth around 26 to 27 personal injury she is out of work for 6 to 10 weeks not sure how they handle that

 

[Macfast]

Pic of Debbies wreck
With 2 kids in college Her income in gona be mised
O WO IS ME
On the good side Im sitting here looking at her could have been a lot worse

 

[cfh]

Glad she is OK at the very least have a free consult with a lawyer,it wont cost nothin and cant hurt!

 

[SPANKY482]

I would contact your insurance agent and explain what they are trying to do first then I would reject the amount they are giving you for the car. I would also call a lawyer for representation on your behalf for the bills and injury loss of work etc. They want you to get your insurance to cover it so when the bill is sent they will reject it and not pay up the insurance companies will battle it out but in the long run you will pay most likely with a raise in the bill and still not get what is coming to your wife. If it where me I would find a good lawyer for this and sue them, the layer will most likely go after both. If you go that route it will take a long time to get the money but it will end up better then what the insurance company gives you outright. I would not tell to much to the agent form Gieco if you plan to fight for the money.


Good Luck

 

[BusaWhipped]

That's why I carry under insured and uninsured motorist coverages. It sux that I have to pay for 2 additional coverages every year because others aren't responsible for themselves. In many states, the minimum insurance needed to drive isn't enough to fix a parking lot bump, let alone a crash at any speed. If you can't afford the insurance, then you can't afford to own a car. Driving is a priviledge and a responsibility, not a right. If I were in your situation, I'd be talking with my lawyer.

 

[TIMMYDUCK]

From a guy that has been hit 3 times on his bike ( Never my fault)

And 5 times in 4 wheel vehicles ( Me never being the driver)

With his low limits and Personal injury involved.

And you not having underinsured/uninsured coverage on your part

Lawyer up & Lawyer up good.

And I hate using attorneys to be made whole again.

 

[LCB]

That's why I carry under insured and uninsured motorist coverages.  It sux that I have to pay for 2 additional coverages every year because others aren't responsible for themselves.  In many states, the minimum insurance needed to drive isn't enough to fix a parking lot bump, let alone a crash at any speed.  If you can't afford the insurance, then you can't afford to own a car.  Driving is a priviledge and a responsibility, not a right.  If I were in your situation, I'd be talking with my lawyer.

+1 - I think I'd contact an attorney also.... Many times I've heard that what an insurance company says and what they actually do are 2 very different things.

 

[el stumpo]

First thing:
Do NOT sign any paperwork from Geico saying you accept their "offer" (settlement)! If you do, you're done.

The $25k is for the car only. What about medical bills and lost wages? What are they offering for that. Remember - SIGN NOTHING and DON'T cash any checks!

My guess as to what's going to happen - your bills are going to be higher than what the insurance company will pay. That being the case, you will need to sue the other driver to recover the other costs. You could try to collect on your insurance policy too, but it will count as a claim.

At this point, go talk to a few attorneys. Maybe even pick the ambulance chasers ("Larry Parker got me 3.5 million dollars").

The attorney should run on contingency so that if you don't collect any cash, you don't pay him. But from there, they usually take 25-33% of whatever is collected.

I would think you are entitled to:
Value of vehicle
Any medical costs incurred
Lost wages.

As far as time frame, there is a clause where you can start accepting partial payment without having to settle on a full amount. This is because the medical costs and lost wages is still an unknown. What if your wife needs physical therapy for a few months/year? They should cover that too....

Good luck and let us know how it goes! Tell the Gecko to pay up!

 

[Macfast]

Well today state farm steped up to the plate and will bill or chase gieco. the car is worth arounsd 26,500 State farm tells me my rates will not go up asked 2 different adjusters. Its good we owe around 22.000. But all this remains to be seen. Talked with one lawyer and they said not worth it for them. Not a railroad or major corp. I guess.
Will try other lawyers tomorrow.
My main concern now is my wife getting her well. Her legs look real bad hoping their is no clotting. No doctor around here seems to be in a hurry to do anything. Frustrating
Thanks for your input

 

[Macfast]

Debbie goes into surgery today. Let you know later. Putting a plate ib her thibia broken at knee joint.
I do have uninsured insurance did not take out underinsured. A hard learned lesson will not be in this situation gain
Thanks for your thoughts

 

[Professor]

Debbie is in my thoughts and prayers hoping everything goes well.

First I'm no lawyer but here is my take.

Wow I knew insurance varied State by State. Most States are either no-fault (obviously not yours) or require minimum liability. Your profile says you are in South Carolina. What I looked up shows the minimum liability as


"South Carolina requires all vehicles be covered by liability insurance. Current insurance requirements are minimum coverage of 25/50/25. Simply put, that means you must have at least:
"¢ $25,000 per person for bodily injury coverage
"¢ $50,000 per accident
"¢ $25,000 for personal property"￾

So it will only cover $25k of the car and $25k of her medical costs.

Be careful about obtaining an attorney. His fees will come right off the top the 25k and 25k numbers, so you may come out with less.
If she has medical insurance, and it maxes out the 25k on the insured policy her medical insurance should pick up from there. They can then go sue the owner of the truck that hit her.
So what I am really saying is be careful about retaining a lawyer. He may get too big a piece of the max settlement.
This is the reason I carry 50-300-100 insurance with un/under insured motorist. Also looking at the South Carolina State DMV website, they only require 15-30-10 uninsured motorist. You might want to check what your policy limits are for future reference.

 

[ibified]

You could also have a pretty good shot at additional damages for pain and suffering. Also, if you have to take time off work to care for her, etc, that's also something you can claim.

My wife got $5k for pain and suffering in her wreck back in August, and she only missed one day of work. They also paid us the equivalent of 1 day's pay for me since I had to take the day off to care for her, get her medications filled, etc.

 

[Macfast]

Thanks for your input
Debbie is back from surgery. It went well.
She has a walker she says she is to young to have a walker but it is easier for her than crutches with her bruised sterum.
Im busy taking care of her and the house.
Will let you know what happens