That an MRI tech didn't want you to get up on your own is means nothing. That the doctor said he would refer you to a spine specialist and didn't call you is meaningless also--he can just say either he didn't say that or he changed his mind also that you refused medical treatment offered and basically refused to cooperate and so on. Plus you have no medical anything to back up anything---you better get cracking and go to specialists who will back up what you say or you have nothing but emotional histrionics as a case which is very weak.
So you you were in a car accident that totaled your car on the way to the MDs with the MRI results and you didn't even suffer a twinge from the accident-no injury of any kind?
It doesn't matter what they said it was worth $12K when you bought it unless that constitutes an agreed upon price/value in the event of a loss it's meaningless. DId they even look at it at the time?
Car insurance companies never give you what you imagine the value to be for a totaled car unless you have special insurance like collector car insurance with an agreed upon value at the outset that you will get in the case of a total loss. In Alabama of the cost of repairs are >75% of the actual cash value they total the car.
You are entitled to know on what basis they determined the actual cash value and you can give the adjuster evidence/proof of otherwise--like the receipt showing price paid for the car and receipts for any sales taxes paid.
You need to give them proof of what you actually paid and show values of comparable cars in your area and blue books prices etc. It also matters if the accident was your fault or not in considering a total loss.
It may be that going to court in both cases may be the only option ---but be prepared with professional qualified to evaluate the situation 3rd party evidence to back up everything you say---just you saying whatever suits you is meaningless because you are not qualified to give an opinion on any of it.
Sounds like an up hill battle that will absorb 100%+ of any settlement in lawyers fees, unfortunately. You have made a lot of emotion based mistakes already. Keep in mind you are not the first person to whine and complain--you need to follow what is recognized as legitimate claims in real world practice by courts ir you are just going to make a bigger mess and possibly owe money on top of it.
I know you are a young guy but you are going to have to start playing by big boy rules or you will lose.
Everyone is every direction is wrong but you, will not go far.
The doctor marked me as disabled, gave me job restrictions that kept me from work, and then tried getting me to go to work for a job that my restrictions excluded. The MRI clearly showed damage to disks as well as spinal arthritis. The latter of which has never been an issue. The former of which, is pretty easy to pinpoint where it came from at my age with no prior history of any injuries or anything that would cause it. Even if it were prior, it was aggravated while performing the duties of my job and is legally supposed to be covered by workers comp to include medical treatment and lost wages at 2/3rds my prior income. They covered a total of 1 month's worth of wages since the beginning of November.
I will be seeing shortly what an attorney has to say about that one and I fully expect a referral to a specialist and wages covered as they already should have been. About all the attorney is needed for here is to properly file the paperwork to get workers comp reinstated and back-dated as it already should have been.
As for the fight with insurance, the car was purchased through their own car buying service. They knew more about the car than I did initially. They knew exactly what condition it was in. They were adamant about not approving me for more than 80% of what they determined it was worth as I had no credit history at the time and they fully expected to end up repossessing it and reselling it.
I did request information on what they based their valuation on. None of their comp vehicles fit their own definition as defined in my auto policy.
"Actual cash value" means the amount that it would cost, at the time of loss, to buy a comparable vehicle. As applied to your covered auto, a comparable vehicle is one of the same make, model, model year, body type, and options with substantially similar mileage and physical condition."
None of their comp vehicles were anywhere close to comparable. One of their comps could not possibly exist based on the options listed. That one was listed as not having features that were standard equipment on every one made. They clearly picked lower mileage, low listed comps in an attempt to devalue mine. None of the three had VINs listed and for all I know, could have been salvage vehicles, or vehicles that had previously been in roll over accidents. They gave absolutely no info that could be used to verify the vehicles ever existed. They gave lots the cars were supposedly on and upon searching, none of the lots had ANY 350z's in inventory.
When I bluntly pointed out to them that their comp's were cherry picked and non-comparable, they sent a canned response mentioning they would take any listings I found into account. I found listings, one of them through their car buying service for the same Year, Model, Condition, Trim level, and similar mileage and they were listed at $11,000 and up. I also ran my VIN given their own detailed condition report of the vehicle through a few auto-sales sites, KBB, and carfax, and my suggested private party sale price was well above their joke of an offer.
Dealer pricing through all of those was very close to what the market showed at the time at ranging from $10,000-$12,000.
Their response was that my listings were considered "outliers" and could not be taken into consideration.
I then expanded my search to show they were in fact representative at the time of the market and they still refused to take any of it into consideration.
For the record, their offer was $6813 on a vehicle that following their own guidelines in my policy, was worth closer to $11,000 at the time of the accident. Fault in the accident is also irrelevant. The only difference with my policy, is an at fault individual pays their deductible while a not at fault individual does not.
Anyways, the complaint is already drafted. I just need to sign it so it can be filed.
I only created this thread as I realized I had not been very active at all lately and wanted to let the forum know why, not to debate whether I have a case in each scenario. Although at this rate, I'm probably about to go inactive again. I don't have the energy for this mess anymore. Half tempted to just have this thread deleted.
