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  1. #1

    Default Settling Two Accident Claims With Overlapping Injuries

    My question involves an injury that occurred in the state of: New Jersey and New York.

    As a career and living, I am a performer and instructor. I use my body every day. Because if this, a body deteriorates over time and I have utilized chiropractors, massage therapist, and physical therapist before. While I did have regular aches and pains from 40 years of dancing, I never experienced the pain I was going through after two rear ended accidents.

    I was rear ended twice....once in New Jersey which resulted in a totaling of my car and once in New York, 6 months apart. After the second one, I couldn't work, barely walk and needed surgery for my injuries. I have spinal fusion in November 2011. I haven't worked since October 2011 after the second accident.

    The first accident is only willing to pay the policy on the accident. It's a ridiculous amount given the totaling of my car and half of the reason I needed surgery. The second accident, albeit smaller, was really the one that ultimately pushed everything to the point of no return and surgery was the only option. Now they are getting knit-picky over the fact that I had deterioration of my back prior to the accident.

    Insurance companies and adjuster are causing me some serious mental anguish! The second policy have 6x more coverage than the first.

    Should I just go to court and sue them for everything they have? I can prove that I earned a nice income, performed around the world and that these accidents are the one and only cause for my inability to do my job. What should something like this be worth?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Settling Two Accident Claims With Overlapping Injuries

    Quote Quoting Broken Dancer
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    The first accident is only willing to pay the policy on the accident. It's a ridiculous amount given the totaling of my car and half of the reason I needed surgery.
    By definition, the policy limit is all the insurance company has to pay. If you want more, you have to get it from the at-fault driver.
    Quote Quoting Broken Dancer
    The second accident, albeit smaller, was really the one that ultimately pushed everything to the point of no return and surgery was the only option. Now they are getting knit-picky over the fact that I had deterioration of my back prior to the accident.
    That's to be expected. The insurance company wants to offer compensation only for the portion of the injury / aggravation caused by its insured. If you're not working with a lawyer on this one, it sounds like you should be.
    Quote Quoting Broken Dancer
    Should I just go to court and sue them for everything they have?
    If you believe you can collect more than the policy limit directly from the first driver, you can talk to a lawyer about suing the first driver, assets you might be able to reach, collection strategies, the possibility of forcing a bankruptcy, and the like.

    If you do not believe that you can settle the second case for a fair amount without litigation, you can discuss that with your lawyer as well.
    Quote Quoting Broken Dancer
    I can prove that I earned a nice income, performed around the world and that these accidents are the one and only cause for my inability to do my job. What should something like this be worth?
    We don't have enough information to even begin to guess.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,320

    Default Re: Settling Two Accident Claims With Overlapping Injuries

    Your problem is you cannot prove the differences beyond your initial injuries, your post accident 1 injuries and your post accident 2 injuries. If you can't prove the transitions in court, you cannot collect beyond what they choose to give you.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

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