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Old 03-17-2005, 00:10   #1 (permalink)
japhar81
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Posts: n/a
Re: Need legal advice (car accident)


"ZombyWoof" <Zomby-Woof@Zappa.net> wrote in message
news:rrha21pj5vjs2efoi8kfpqrdocgm6krg26@4ax.com...
> On Tue, 1 Mar 2005 17:50:50 -0500, "japhar81" <japhar81@gmail.com>
> wrote something wonderfully witty:
>
>>
>>"ZombyWoof" <Zomby-Woof@Zappa.net> wrote in message
>>news:0kl9219mgsfuqptpn9pmnj6j78hssd8jkp@4ax.com...
>>> On Tue, 1 Mar 2005 15:14:27 -0500, "japhar81" <japhar81@gmail.com>
>>> wrote something wonderfully witty:
>>>
>>>>Ok, here's how Id structure it, based strictly on what my books say;
>>>>Repairs: $2000
>>>>Rental Vehicle: $750
>>>>Medical Expenses: $3800
>>>>Lost Wages: $3000
>>>>Course Cost (only if you do get an I): whatever it costs to retake the
>>>>class
>>>>Pain and Suffering: ($3800+$3000)/2=$3400
>>>>
>>>>So without the college credit, you wind up with: $12950, round it to 13k
>>>>even.
>>>>
>>>>If theyre being hesitant with you right now, you may want to start by
>>>>including your course costs when you first approach them, which Id guess
>>>>puts you at 14 or 15k. Then you have room to negotiate down, which you
>>>>may
>>>>have to do.
>>>>
>>>>If you do go back and forth, remember that if you give up more than the
>>>>$3400 pain/suffering number, you wind up losing money.
>>>>
>>> It appears at this time that I am going to get actual costs on
>>> everything except the pain & suffering number. They just sent me the
>>> paperwork in the mail. If they pay to fix my truck (correctly already
>>> have a check for most of it) pay for the rental (already in the works)
>>> pay my medical bills (again already in the works) and give me back the
>>> lost wages (well actually used sick time) then I figure whatever I get
>>> in my paw is the pain & suffering money. Would that be correct?
>>>

>>Anything you net after paying back everything you lost, they'll consider
>>p&s
>>money. So will a judge.
>>
>>> Think they will bite at $5k for pain & suffering? Additionally there
>>> is the major hassle factor all of this has caused me.

>>
>>If you have a valid claim to p&s money, which it sounds to me like it does
>>(remember, im not a 'real' lawyer), theyll pay it. Will they 'bite'? No,
>>they'll kick, and scream, and bitch till you smack them around a bit and
>>convince them you wont settle otherwise.
>>

> Hey even real lawyers admit to be just "practicing". Do you really
> think they will piss & moan over a piddly 5K for their client putting
> me through a month of hell?


To quote you from later in this post "These are some pretty tight bastards".

I've heard they like to play all sorts of
> games like pay lost wages at net rather then gross.


Thats not unreasonable. You dont pay taxes on your insurance settlement, so
it comes out as a wash. You get what you would have gotten after taxes.

> They are already
> pissing an moaning about fixing my truck they way I and the body man
> want it done. The freaking difference between replacing a fiberglass
> panel and repairing it is about $140. They simply are refusing to
> give me the new panel, even though it was a new truck.


Dont give in on this one, seriously.

> These are some
> pretty tight bastards.


They prefer the term 'insurance professionals'.

> --
> "Either kill me or take me as I am,
> because I'll be damned if I ever change..."
>
> The Marquis de Sade



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Old 03-17-2005, 00:17   #2 (permalink)
japhar81
Guest
 
Posts: n/a
Re: Need legal advice (car accident)


"ZombyWoof" <Zomby-Woof@Zappa.net> wrote in message
news:am1d21h1ma7ds037t6r7c3m33ioqj6fsat@4ax.com...
> On Wed, 2 Mar 2005 14:23:47 -0500, "japhar81" <japhar81@gmail.com>
> wrote something wonderfully witty:
>
>>
>>"ZombyWoof" <Zomby-Woof@Zappa.net> wrote in message
>>news:rrha21pj5vjs2efoi8kfpqrdocgm6krg26@4ax.com...
>>> On Tue, 1 Mar 2005 17:50:50 -0500, "japhar81" <japhar81@gmail.com>
>>> wrote something wonderfully witty:
>>>
>>>>
>>>>"ZombyWoof" <Zomby-Woof@Zappa.net> wrote in message
>>>>news:0kl9219mgsfuqptpn9pmnj6j78hssd8jkp@4ax.com...
>>>>> On Tue, 1 Mar 2005 15:14:27 -0500, "japhar81" <japhar81@gmail.com>
>>>>> wrote something wonderfully witty:
>>>>>
>>>>>>Ok, here's how Id structure it, based strictly on what my books say;
>>>>>>Repairs: $2000
>>>>>>Rental Vehicle: $750
>>>>>>Medical Expenses: $3800
>>>>>>Lost Wages: $3000
>>>>>>Course Cost (only if you do get an I): whatever it costs to retake the
>>>>>>class
>>>>>>Pain and Suffering: ($3800+$3000)/2=$3400
>>>>>>
>>>>>>So without the college credit, you wind up with: $12950, round it to
>>>>>>13k
>>>>>>even.
>>>>>>
>>>>>>If theyre being hesitant with you right now, you may want to start by
>>>>>>including your course costs when you first approach them, which Id
>>>>>>guess
>>>>>>puts you at 14 or 15k. Then you have room to negotiate down, which you
>>>>>>may
>>>>>>have to do.
>>>>>>
>>>>>>If you do go back and forth, remember that if you give up more than
>>>>>>the
>>>>>>$3400 pain/suffering number, you wind up losing money.
>>>>>>
>>>>> It appears at this time that I am going to get actual costs on
>>>>> everything except the pain & suffering number. They just sent me the
>>>>> paperwork in the mail. If they pay to fix my truck (correctly already
>>>>> have a check for most of it) pay for the rental (already in the works)
>>>>> pay my medical bills (again already in the works) and give me back the
>>>>> lost wages (well actually used sick time) then I figure whatever I get
>>>>> in my paw is the pain & suffering money. Would that be correct?
>>>>>
>>>>Anything you net after paying back everything you lost, they'll consider
>>>>p&s
>>>>money. So will a judge.
>>>>
>>>>> Think they will bite at $5k for pain & suffering? Additionally there
>>>>> is the major hassle factor all of this has caused me.
>>>>
>>>>If you have a valid claim to p&s money, which it sounds to me like it
>>>>does
>>>>(remember, im not a 'real' lawyer), theyll pay it. Will they 'bite'? No,
>>>>they'll kick, and scream, and bitch till you smack them around a bit and
>>>>convince them you wont settle otherwise.
>>>>
>>> Hey even real lawyers admit to be just "practicing". Do you really
>>> think they will piss & moan over a piddly 5K for their client putting
>>> me through a month of hell?

>>
>>To quote you from later in this post "These are some pretty tight
>>bastards".
>>
>>I've heard they like to play all sorts of
>>> games like pay lost wages at net rather then gross.

>>
>>Thats not unreasonable. You dont pay taxes on your insurance settlement,
>>so
>>it comes out as a wash. You get what you would have gotten after taxes.
>>
>>> They are already
>>> pissing an moaning about fixing my truck they way I and the body man
>>> want it done. The freaking difference between replacing a fiberglass
>>> panel and repairing it is about $140. They simply are refusing to
>>> give me the new panel, even though it was a new truck.

>>
>>Dont give in on this one, seriously.
>>
>>> These are some
>>> pretty tight bastards.

>>
>>They prefer the term 'insurance professionals'.
>>

> And I PTB, but hey what is in a name. The biggest Ace I have up my
> sleeve is an independent non-aligned witness who can testify she was
> tailgating him on the exit ramp while talking on a cell phone. This
> guy was a real decent Joe and stopped to tell the coppers exactly what
> was what. He saw everything, including how she was driving prior to
> hitting me.


It would have been preferable, if you had had the cops call you an
ambulance, or take you to the ER. At that point, insurance co.s start
tripping all over themselves to settle... As it is though, you have a decent
case, just gotta yell enough.

>>> --
>>> "Either kill me or take me as I am,
>>> because I'll be damned if I ever change..."
>>>
>>> The Marquis de Sade

>>

>
> --
>
> "Maybe worshiping the cross and the painful death rather
> than the well lived life really has distorted our sense
> of who we are and what life is about." -- Author unkown



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