about a year ago my husband was rear-ended in his cop car by a driver who fell asleep while on ambien. It totalled his car and shoved his duty belt into his back. He went through all their appointments (chiro and other therapies) and got cleared to return to work. He was only out for a week, but the dr appts continued for 3 months. His back has always been tight and he doesnt know if any of it is residual pain from the accident. Everything was paid for through the states insurance and the drivers insurance and now the drivers insurance is asking us to settle. They are still trying to come up with an amount and everything we have put into the claim settlement calculators seems really really high. Some of the money we will settle will go back to the departments insurance to cover their costs of the car etc. but what is a realistic amount to expect/ask to settle for once and for all? I am not very educated on insurance and how it works so bear with me.
My sister was in a really bad wreck about 4 years ago, and you do not have to settle right away. It hasn't even been a year. How do yo know that more things won't come up? After seeing what was done to my sister, I would say above all else, get a lawyer!!! they may take some of the settlement, but, you need to be protected!!!
Your husband should not be dealing with this at all. His employer or the state's workmans comp board should have assigned him a lawyer to handle all of this. I have a very good friend who does this kind of work for the state's WC board -- please have your husband ask his union rep or sergeant for the right person to talk to. Technically your husband doesn't have the authority to negotiate with the other insurance company since he (and the car) were injured on the job. So if you agree to a lower settlement than the department wanted, you could have to pay them for the value of the car. Really.
Call a lawyer, otherwise the only person at the negotiating table that knows even a ballpark amount is the insurance company.
If your husband was on duty in a police owned vehicle all of this should be being handled by whoever paid him workmen's comp. They will consult with him before they settle with the insurance company. I urge you to have your husband find out who to talk with. He can ask the Human Resources dept of his police agency. I'm a retired county officer and our worker's comp is administered thru the state.
If the other insurance picked up all the costs then he wouldn't have worker's comp. Still, since your settlement involves settling with the department's insurance, you need to talk with them about what they expect. They can also give you a better idea of things then we can.
Do not do anything until you get cleared to do so by his department and workmen's comp. And if you are allowed to settle then consult with an attorney. I've been in a couple of accidents, one of which sounds like it was as serious as your husbands. (in private car, off duty) The insurance company asked to settle and my insurance company suggested consulting with an attorney. With the attorney's help I received more than the company was at first willing to pay.
Since your husband is still having difficulty you do not want to settle now. Once you sign a settlement agreement there will be no more opportunity to get further money. You want to be sure that you'll have no more expenses. Insurance companies want to settle quickly because of this.
Do consult with an attorney. They can give you a better idea of what a reasonable settlement would be as well as when would be a reasonable time to settle. You don't have to hire them to represent you. It can be a consult only.
You said the claim settlement calculator sounds really high. You want to settle as high as you can. Your husband is apt to have difficulty with his back for the rest of his life. I had a whip lash injury 40 years ago and still have pain in my neck. I didn't settle for nearly enough.
Later: I do not know why his union would be involved at all. The union is there to provide work related support. An auto accident is not covered by a union contract. A union lawyer deals with contract issues. An accident is not a contract issue.
If he was injured on the job, this would be workers' compensation. His medical should be 100% covered. It sounds like you are talking about subrogation and all that. He needs an attorney but I'm confused with this. Cost of the car shouldn't come out of your settlement. That would be a different settlement. Very confusing. Attorney now!
S., please get an attorney. You can pay by the hour if you are uncomfortable with giving a percentage.
You need to speak to an attorney and your agency also since it was an on-duty accident. as for the money going back to the agency - that is a seperate settlement
EDIT: Keep in mind that this is going to be complicated as it is also a Worker's Comp
You will need an attorney that is NOT a department attorney but willing to work with the department attorney. A Union Attorney is different from a Department one
You need to speak with an Actuator at your own insurance company. They have financial tables to help you come up with a settlement amount. The reason the other insurance is pressuring you to be speedy about a decision, is that it's in their favor for you to not ask around. You'll blindly accept an lower amount. Call your own insurance today and get their input.
I would definitely talk to an attorney. Does the department have one on staff?
After taking a grossly small amount because I had no idea what to say, I was told that 10x your medical bills is the norm. I would have asked for 32,000 instead of the stupid $1000 I said and got very quickly. He about jumped out of his chair to get the check.
Your husband may have residual medical problems (and associated expenses) for some time. If you settle now, none of that will be covered.
Wait to settle. And find an attorney.
Your husband needs an attorney.
I think he definitely needs to meet with an attorney that does both workers compensation and wrecks. They'll better know what to do. I understand that if you hire an attorney they'll take about 40% of what you get.
I have always hired an attorney to make sure I got as much as possible.
This is a worker's compensation claim!!
Everything thus far should have been under WC and he shouldn't have to deal with the driver's insurance company and you should not have had ANY out of pocket expense. When I was crashed into and have my spine fused, all of the other patients were police officers. Ultimately, he will have to get a qualified medical exam to determine permanent disability ($$ based on the level that can't be fixed). Paying for the repair of the patrol car is not your concern.
This might be a question better asked to your insurance company as we can only guess. I was once sued by a passenger in my own car (when he didn't get money anywhere else and his uncle was a lawyer) for $50K. He got $5K to shut up and go away. A realistic amount is something that covers your bills. Beyond that is gravy.
being that he was on-duty, I would see if there is an attorney through your husband's union that he could talk to. They want to settle quickly without going to court or hiring attorneys to save money, but its not in your best interest to rush through it. If an attorney isn't an option through his employer, hire one on your own. The initial consultation won't cost you anything just to see what your options are.
I was a juror on an insurance case from a car accident. Our sole responsibility was determining how much money to award from the insurance company.
This is a work comp claim, not your standard PI claim. Your hubby should not be paying for the cost of the car; that's a property damage claim to be handled between the insurance carriers. I think your hubs needs an attorney to make sure HIS best interests are taken into account.
i;'ve been hit by two drunk drivers and both times they were underinsured. with the car being totaled both times and with back injuries and a leg injury both times the max was 25k 1/3 went to the lawyer...most of the rest went to doctors. the cars were older both times and the amount that was settled for them was pretty much nothing so we ended up still short after and with life long injuries
He needs to speak to his union rep. The union will provide a lawyer for him. He shouldn't be speaking with the insurance company at all; they're trying to pay as close to $0 as they can get away with. If your husband's back still hurts, don't settle. The insurance company WANTS to get this overwith, but your husband is under no obligation to rush his recovery on their account.
The third party insurance should be dealing with the PD and work comp to pay them back separate from your settlement. A good settlement without an attorney is around two times the total of all medical bills.
