We were hit Christmas morning at 12:15am by a drunk driver while sitting at a red light. He slammed into...?

Question

us going 50+ mph. It would have been a hit and run, but we chased him home and the police got him after they kicked down his door. He had no insurance card on him at time of arrest, nor any money or debit cards, etc. Now my insurance guy (USAA) is trying to contact him to get insurance info out of him (if he even has it), and he is not answering his phone. Today, my USAA agent handling the uninsured motorist section of our policy called asking me about our injuries. I was on vicodin/valium and had to talk to her like I knew what I was saying. 3 out of the 4 of us in the car (my 3 yr old, my husband and myself), went to hospital that night. I have back & jaw problems already and told her about them and how the accident "aggrivated" these conditions. My husband is having neck pain and so far nothing with my daughter.

Questions are: Did I screw myself talking about any preexisting conditions? How much can we expect to receive for pain & suff. and how soon should we settle?

By the way...my insurance company says they know it wasn't our fault. My daughter and I rode in the ambulance and my husband drove down later and got checked out. I had 7 xrays. I told the agent today that I will need chiro and physical therapy. She suggested my daughter and husband get settled and I wait a week or two. I said "ok" but then called back and left VM after talking to my husband who wants to get his neck checked out seeing as how he has neck pain for the first time in his life.

When I called back and left VM I said "no" to settling on any of us. Will the VM be just as admissable as the original conversation if there are any problems with this? Anyone else have USAA experiences?

Sorry for the "book" here.

Holy Cow...one more thing, (sorry for all the reading here)...

We have no collision coverage because our car is older and we are fine with the fact that we are out of a car as we made this decision long ago. But...no car payments to consider here.

I want to add that we have no interest in getting rich from this, just want to cover our butts as it's only been 3 days since the accident.

Answer 1

You did not screw yourself talking about your prior medical conditions. The adjuster will order your medical records and it would be in there anyway. By being honest about your condition, the adjuster will be more likely to trust you.

The adjuster will have you sign a HIPPA appropriate medical authorization so they can order copies of your medical bills/reports. The adjuster may need to order copies of some of your prior medicals - so he can get an idea of what your condition was before the accident and how this accident affected you.

Once USAA confirms it's an uninsured motorist claim - they will pay for your vehicle under that coverage. They will also handle the injury claims under the um coverage.

If it's a UM claim - of course you are not at fault - you can't be at fault and collect under UM coverage.

I can't tell you how much to settle for. I would have to have copies of your medical bills/records for the treatment, photos/estimates of the damage to your vehicle. I may even need to see some of your prior records so I can determine how much this incident aggravated your prior conditions.

As far as when to settle - when you are feeling better and are able to sign a release that ends the claim once and for all.

Each state has a statute of limitations - that means that you have to get your claim settled w/in a certain amount of time or your claim goes away. The statute of limitations can vary by state. In SC and NC -it's 3 years from date of loss. Fl is 4 years from date of loss. La is the shortest at 1 year from date of loss. Most states are 2 or 3 years from date of loss. Your adjuster will be able to tell you what the statue of limitations is in your state.

As far as the claim goes - you don't need a lawyer to settle. A lawyer does not increase the value of your claim and he gets 1/3-1/2 of your settlement + expenses.

For what it's worth: here's my piece of advice - continue to have an open, honest dialog with the adjuster. If you have questions, ask them. The adjuster is not going to lie to you. The adjuster may not tell you what you want to hear but we don't lie. The adjuster will call from time to time just to touch base and see how you are doing. When the adjuster calls - tell them how you are doing.

The reason the adjuster needs to know how you are doing and approximately what your medical bills are: 1. reserves- insurance companies set money aside for each claim - we want to make sure we have enough money set aside for you, 2. limits - if the claim looks like it may exceed the limits available - we will tell you, 3. as we work with you in the claim, we get to know you and really do want to know how you are.

If during the claim - you decide you want to hire an attorney you can always do that later. But start out working with the adjuster. You both have a common goal of getting a fair resolution to the claim in a timely manner.

Answer 2

Eerie to learn this. My boyfriend and I had been heading dwelling Feb. a million, 2004 and had been hit at a stoplight. To do: GET A LAWYER. We desired desperately to prevent that, but if it got here all the way down to it - you get rooked in case you shouldn't have one. Not to do: WAIT UNTIL THE LAST MINUTE. Unfortunately we had one occasion after one more which led us to eliminate getting an lawyer 'til the statute of barriers for submitting a authorized declare was once just about up. (If the cost has now not been agreed upon, a legal professional has to dossier a lawsuit earlier than a unique interval of time is up. I feel the period of time is determined by wherein you are living.) To do, last notes: KEEP COPIES OF BILLS and the police document. Keep touch data for that amazing witness. Things are a lot less complicated while it is absolteuly certainly outlined who was once at fault and the way the man or woman dedicated a slipshod act. Also, be grateful the man or woman had coverage (appears like she did, besides)! (I've additionally had the beautiful revel in of being hit through a institution of hulking soccer male young adults who would not look forward to police to reach - and finally figuring out they did not have coverage.) -- When I say to hold monitor of the whole lot, placed data in a 'diary' or whatever; record day off paintings (calculate wages misplaced - even supposing you had ill days you must be repaid), apparel torn (if any, with substitute charges), etc. Best needs for a fast restoration and a fast cost. And, the earlier you get a legal professional, the earlier you'll be able to get his enter on how one can manage the disposal of your totalled vehicle (in my case, my coverage enterprise helped after which bought reimbursed through the opposite coverage enterprise ... however in the intervening time we bought those nasty calls from the opposite coverage enterprise 'caution' us they would not quilt the vehicle being saved in a storage past X period of time -- JERKS!). Next time, I advocate getting a vehicle with security in brain. Today, there are extra loopy drivers than ever! And it does take time to believe a way of believe going out at the roads once more ... *sigh* So, cling in there, take optimistic movements, and believe your self to be powerful and heal.

Answer 3

i agree with the previous poster. you should always be honest with the adjuster...they WILL find out anyway. I do not think you should settle on your husband and child until you are satisfied they are not injured. you have plenty of time to settle. its good you are not looking to get rich off this, because you won't. USAA is NOT going to pay you anything you don't deserve. you should be able to collect for medical bills, wages lost at work due to injury and a small amount for pain and suffering. my best piece of advise...do NOT settle until you are satisfied that everyone is well.

Answer 4

It doesn't matter that you disclosed any pre existing medical conditions -- USAA will review ALL your medical records anyway and if you lied about them you could be denied any payment on that basis. Just be reasonable when dealing with the adjuster and settle when you feel like you haven't sustained any permanent injuries. Remember, there's a huge difference between injury and just being 'hurt'.