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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90074
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Rear Ended

Resolved Question:

Rear ended on a highway due to driver falling asleep at wheel. $7900 in damages to car and out of work for 2 1/2 weeks with concussion and now in pt for pain in neck and back. What are the requirements in Colorado for providing insurance company with medical documentation? How far back are they permitted to request?


 


I had just purchased my car new (2013 Jeep) in January.  Is a Diminished Value claim worth filing?

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

$7900 damage is a significant amount of damage, but filing a diminished value claim is usually not worth it because if they fix the vehicle then typically only $2000-$4000 would be for diminished value.

However, where they make this up is usually on the personal injury claim. Your personal injury claim value is calculated generally like this (insurance companies use computer programs to do this, but this general calculation is fairly accurate): Add up all of your total medical expenses and time lost from work and that would be your total actual damages. Then multiply your total actual damages times a factor of anywhere of 1-4 times and that is your pain and suffering amount. You then add the pain and suffering back to the total actual damages to get the total value of your claim. Start off negotiation on the high end and work down, but any offer within the 2-3 times range would be reasonable in most cases.

The insurance company in Colorado is entitled to your medical records from the accident and they can reasonably go back 3 years and if they want more then you can object and they have to prove good cause for wanting further medical records, but generally if your current records show your injury was indeed obviously caused by this accident they will not go back even 3 years. The only reason they go back is if there is question of re-injury of a pre-existing injury to the same area of your body.


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Customer: replied 1 year ago.

Made a typo - $7500 in damages... nevertheless i was able to work from home on most days for a few hours, but unable to drive for 2 weeks, unable to perform my day to day, and my memory is just starting to return... spotty on short term. I have 3 years to settle in Colorado, but curious how long I should actually wait to settle based on my ability to return, my recovery from Physical Therapy, etc.? Thank you for the response thus far.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the clarification.

If your total actual damages, not including property damages, were $7500 then your total value range would be $15,000-$37500 (and also it depends on the maximum value of the policy as to how much you can collect from the other insurance and anything more than that if you have uninsured-under insured coverage on your own insurance you have to claim from them).

You should wait at least until you reach your maximum medical recovery so you have a better idea of your total actual damages.
Customer: replied 1 year ago.

Spoke to the State Farm claim rep today... i have a separate insurance firm. Stated there is a MAX of $25,000 (i guess on the at fault parties insurance) and my hospital bill was $15,000 alone. What options to I have as she stated there is no reason to wait around on this and move to settlement; moving to approve the full $25,000 and pay whatever is remaining to me as settlement).


 


I am in PT which is approximately $60-100 a session, with about 6 sessions left and State Farm is planning to settle (with this $25k) with my insurance company (TRICARE). I have under insured coverage on my own policy, but unsure how this works... thanks in advance.

Expert:  Law Educator, Esq. replied 1 year ago.
If the policy max is $25k there is nothing more you can make that insurance pay. If you have uninsured or under insured motorist coverage on your own insurance policy you can file a claim with them for any additional damages. Thus if the insurer is offering the max it makes no sense not to take it.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90074
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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