topic Re: Waiting for insurance settlement in Community Chat

Waiting for insurance settlement

nickycat — Tue, 09 Dec 2014 00:26:51 GMT

What is the longest time anyone waited for an auto insurance settlement? My daughter's is still not settled. She has permanent nerve damage. Lawyer is handling in Bucks County PA

Re: Waiting for insurance settlement

qvcfreak — Tue, 09 Dec 2014 00:51:45 GMT

I have State Farm Insurance and I was in a horrible accident many years ago, the two vehicles that hit me both were insured with All State. It was a bad accident, I was out of work for 10 weeks. I used no lawyer and they paid for my vehicle repairs, hospital, medical bills, my time off work, plus, my child who was with me and not hurt, Praise God was given a good settlement and so was I. All was handled within a couple of weeks.

I hope your daughter gets results soon.

Re: Waiting for insurance settlement

nickycat — Tue, 09 Dec 2014 02:55:37 GMT

Glad you were compensated so soon. My daughter is still waiting over 5 years. It started out as a work comp claim but was auto related. She was out of work for a long time and never able to go back to a full time job.

Re: Waiting for insurance settlement

151949 — Tue, 09 Dec 2014 05:36:21 GMT

There are statues of limitations on claims such as this - I imagine that length of time varies from state to state but probably 5 years is over the limit everywhere. Has there at least been a claim filed? You need to set up a meeting with your attorney If you are talking about Bucks County, Pa. I know the statues of limitations is 2 years in Pa. for filing for a auto accident.

Re: Waiting for insurance settlement

Mustang Shar — Tue, 09 Dec 2014 17:35:56 GMT

Happy is right. Your claim has been filed and you are represented. I'm assuming the other party is at fault? Has your daughter made a full recover or made whole again? If she is still receiving treatments and improving slowly, then she's not recovered yet.

If she cannot improve any further, then it's time for negotiating settlement. Has she subrogated the claim with her health insurance so they pay her related medical and will be refunded at time if settlement? Be aware, once the case is settled, your health insurance may not cover her condition at all or for a designated period set forth in the Plan. Just an FYI, this is my career.

Re: Waiting for insurance settlement

151949 — Wed, 10 Dec 2014 01:47:01 GMT

On 12/9/2014 Mustangshar said:Happy is right. Your claim has been filed and you are represented. I'm assuming the other party is at fault? Has your daughter made a full recover or made whole again? If she is still receiving treatments and improving slowly, then she's not recovered yet.
If she cannot improve any further, then it's time for negotiating settlement. Has she subrogated the claim with her health insurance so they pay her related medical and will be refunded at time if settlement? Be aware, once the case is settled, your health insurance may not cover her condition at all or for a designated period set forth in the Plan. Just an FYI, this is my career.

After the accident that killed my Mom and paralyzed my Dad when the total of his car ins ran out then medicare and his supplement started paying his hospital bills but when the lawsuits were settled and he won some money settlement we had to pay medicare and his supplement co. back from that settlement. That was in pa.

Re: Waiting for insurance settlement

Mustang Shar — Wed, 10 Dec 2014 17:02:43 GMT

Happy, I'm so sorry for your loss! So very tragic. Hugs.

Re: Waiting for insurance settlement

nickycat — Thu, 11 Dec 2014 19:32:12 GMT

Thank you for the post, a Happy a Housewife. Yes, daughter is stll being treated for her injuries. Other driver was at fault (driving while texting). Claim was a work comp originally and auto claim, as accident happened during work hours. When daughter calls her atty., she is told they are still working on it. She would like to get this settled and would not Perdue it further if a settlement is reached.

Re: Waiting for insurance settlement

RedTop — Thu, 11 Dec 2014 19:58:42 GMT

My husband was in an accident years ago where his truck was rear ended from a driver following too closely. My husband sustained whiplash injuries, and despite lump sum offers, we did not settle with the other insurance company for one full year. Once you accept a settlement, the matter is over. Regardless of what medical condition turns up down the road that is known to be from that accident, you cannot pursue a claim for further damages. The permanent nerve damage may only be the tip of the iceberg as far as your daughters condition, and until she has a long term prognosis, I would not be so quick to accept a settlement.

Re: Waiting for insurance settlement

151949 — Thu, 11 Dec 2014 21:27:49 GMT

On 12/11/2014 nickycat said: Thank you for the post, a Happy a Housewife. Yes, daughter is stll being treated for her injuries. Other driver was at fault (driving while texting). Claim was a work comp originally and auto claim, as accident happened during work hours. When daughter calls her atty., she is told they are still working on it. She would like to get this settled and would not Perdue it further if a settlement is reached.

Was this atty provided to her by her work comp company or her employer? If so - he may be dragging this out hoping she will forget about pursuing it. She may need to get herself an atty of her own - someone whose only interest is in getting her a settlement. My parents accident everything was settled with in 2 years, and we are talking major indisputable claims. The other driver was arrested at the scene of the accident for DUI and vehicular homicide and assault with a vehicle. He pleaded guilty because his drug & blood alcohol tests were high.

Re: Waiting for insurance settlement

CouponQueen — Thu, 18 Dec 2014 16:19:21 GMT

It depends on each case.

The case that settled quickly without an attorney..they wanted you to sign on the dotted line and quickly lol. I am sure they knew if you had an attorney they would of been shelling out loads more money! It was win-win for them.

My son was in a accident..settled wtihin 18-months..out of that money all medical bills that were paid by others (health insurance as some MD's etc did not accept No Fault..) was paid back..out of his award.

It can take a really long time depending on the company...the attorney's..they don't want to drag it out..

.they go thru all the medical history to make sure she didn't have just a inkling of anything that could of contributed to the nerve damage. Has she reached maximum medical improvement? Is she out of work? Is she disabled? Have they did depositions? Are they offering a dollar amount yet..there are a million questions and things that go into personal injury cases. They just don't automatically hand a thousands of dollars because of nerve damage without a lot of other documentation and evidence...They send you to their MD's..they send you to supposedly IME's ((independent MD's)..etc.

Usually out of that money you need to set some aside for future medical treatments..and it is usually outlined in the settlement. I think the basic standard they go by is two years...for two years you cannot use health insurance to pay for any medical care associated with the injury and I think you cannot apply for any state benefits (Heap, SNAP/Food Stamps etc..)

I am sure since it is Worker's Comp AND Car Insurance there are a lot of variables that are playing out that wouldn't normally.