Why I haven't been active lately.

[lasersbee]

Holy Crap... What else can go wrong..
Wouldn't wish that to my enemies...

Luckily your Father is a lawyer and may
get you some compensation...

Like the other guys said... don't let things
drag...
Hang in there... we are rooting for you.


Jerry

 

[paul1598419]

Though possessions are nice, they are not what means the most to me. I find people to be the greatest asset in our lives. Possessions come and go. People do too, but their impact on our lives gives them a life beyond this one for each of us. I cherish the impact of friends and family that are no longer with us, and the ones that are still around are the joy of my life. Keep a good perspective and nothing will hurt you so much that it can't be overcome.

 

[CynicalBrad]

Well, my employer just sped up my process of getting a hold of an attorney for that mess. They decided to so kindly send me a legal notice saying they are filing a petition to cover absolutely nothing due to the injury being "preexisting". I'm fairly certain that at 23 years old, with absolutely no history of traumatic injury, that what is being diagnosed as DDD is not preexisting. The doctor made it pretty clear from the beginning what they were going to try to do and they finally made their move. Will be making my move quite shortly. Just waiting on contact info for a specific attorney in my area. To say I am pissed at them is quite an understatement.

 

[paul1598419]

Sounds like you expected this. The state is always going to try to keep from paying out, so you will have to hold their feet to the fire. Make sure you get all your ducks in a row before you go after them. I think they count on many people just giving up after their claim is dismissed.

 

[CynicalBrad]

Sounds like you expected this. The state is always going to try to keep from paying out, so you will have to hold their feet to the fire. Make sure you get all your ducks in a row before you go after them. I think they count on many people just giving up after their claim is dismissed.

Yeah, I expected it. The doctor was obviously bought and paid for from the beginning. I had to fight with my managers to get things started. The doctor was determined to ignore symptoms to fit the diagnosis he wanted to give and was determined to clear me for work. It took half a dozen phone calls to get them to cover anything for workers comp and that was after spending 2 hours going back and forth with my managers to even get the number to call.

 

[Seoul_lasers]

Hearing about your case reminds me of several cases here in BC involving ICBC lawyers dismissing vaid injuries and playing much the same game you are describing. ICBC is has got to be the biggest racketeering gig going.

I hope you are able to counter sue for misdiagnosis/malpractice and take on the driver as well.


Sorry you have to go through this

 

[CynicalBrad]

Hearing about your case reminds me of several cases here in BC involving ICBC lawyers dismissing vaid injuries and playing much the same game you are describing. ICBC is has got to be the biggest racketeering gig going.

I hope you are able to counter sue for misdiagnosis/malpractice and take on the driver as well.


Sorry you have to go through this

I'm not concerned about the other driver really. I am suing USAA for both breach of contract and bad faith though. Hopefully something comes out of this although no doubt it will come with a NDA attached. Still have to figure out what to do about the injury. I just wish for now that it would quit getting worse.

 

[Encap]

I'm not concerned about the other driver really. I am suing USAA for both breach of contract and bad faith though. Still have to figure out what to do about the injury. I just wish for now that it would quit getting worse.

How do you plan on sorting out any claimed work injury from a car accident that totaled your car injury?

Here is aan attorney's web page on bad faith" by USAA see: https://www.mccormickmurphy.com/bad-faith/usaa/

 

[paul1598419]

I thought this was a workers comp claim, for some reason. The military's insurance company shouldn't have anything to do with that. I used to have USAA for my car insurance. As far as I knew that was mainly what they did. Maybe I have this confused with a different thread.

 

[Encap]

I thought this was a workers comp claim, for some reason. The military's insurance company shouldn't have anything to do with that. I used to have USAA for my car insurance. As far as I knew that was mainly what they did. Maybe I have this confused with a different thread.

You are right--was about a workmen's comp claim--but in the first post he says on the way to get an MRI his car was totaled in an accident with another car---was my assumption that he suffered another injury or aggrivated already pre-existing injuries.
So was asking how to sort all that out in any believable or real way way.
The questions are bound to come up at some point. No Insurance is going to not ask any questions just because you whine, threaten to file, or file suit.

 

[paul1598419]

So, he is going after the workers comp AND USAA? That is going to be a problem for the plaintiff as the two can claim it was the other insurance that is liable. Man, I wouldn't want to be the plaintiff it that suit.

 

[Encap]

So, he is going after the workers comp AND USAA? That is going to be a problem for the plaintiff as the two can claim it was the other insurance that is liable. Man, I wouldn't want to be the plaintiff it that suit.

Exactly.

 

[CynicalBrad]

Two separate things going on. I have both the issue with workers comp, and the issue with USAA refusing to make a reasonable settlement on my car. Literally to the point of pulling vehicle specifications out of nowhere to devalue their cherry picked comp vehicles. USAA financed the car last june and said it was worth just shy of $12,000. Now they want to say it is barely worth $6,000 when the market clearly indicates otherwise. Interesting note, the other driver was also insured through USAA.

My advice for ANYONE still with USAA, swap before it is too late. Something happened with them about the time I got my car and they have gone downhill fast.

If you doubt me and think I am pulling this from just my trouble, look at the following:
https://www.bbb.org/central-texas/business-reviews/insurance-companies/usaa-in-san-antonio-tx-23452
Take into account that "A+" Rating, still does not reflect the current views as it is on a long rolling average and is yet to update.


My case against them should be an easy one. I have them on breach of contract violating their own set terms and not following their own procedure they defined. I also have them on bad faith with all the run-a-round they have been causing both myself and my attorney as well as refusing to even attempt to negotiate when all the evidence showed they were wrong in their valuation of the car.
They have given my attorney nothing but issues. We tried to settle out of court, they absolutely refused to communicate with him in any way aside from to say they needed my permission for him to represent me. My last message to them before I got my father/attorney involved was very clear in stating the next communication they received about the matter would be from him and included his contact information.



So yeah, a lot went wrong at once. In order:
>Injured my back at work
>harassed management to get to see a doctor
>doctor immediately tried to blow it off as "Muscle spasms" (obviously wasn't)
>symptoms got a lot worse (numbness and cold pins and needles going down right leg)
>doctor FINALLY ordered an MRI (results showed something severe enough the MRI tech did not want me getting up on my own)
>got in wreck on the way to get the MRI results from the doctor totaling car
>got someone to drive me to the doctor only for him to blow everything off on preexisting and outright lie about making a recommendation to see a specialist
>Insurance made joke of an offer and tried justifying it
>back and forth with claims adjusters showing car was worth way more, refused to budge or take the actual market into consideration
>started legal proceedings against insurance and sent them notice I was contacting an attorney to negotiate on my behalf
>got legal notice from work stating they are filing an appeal to cover absolutely nothing for my injury

One long, draining mess.

 

[Encap]

Two separate things going on. I have both the issue with workers comp, and the issue with USAA refusing to make a reasonable settlement on my car. Literally to the point of pulling vehicle specifications out of nowhere to devalue their cherry picked comp vehicles. USAA financed the car last june and said it was worth just shy of $12,000. Now they want to say it is barely worth $6,000 when the market clearly indicates otherwise. Interesting note, the other driver was also insured through USAA.

My advice for ANYONE still with USAA, swap before it is too late. Something happened with them about the time I got my car and they have gone downhill fast.

If you doubt me and think I am pulling this from just my trouble, look at the following:
https://www.bbb.org/central-texas/business-reviews/insurance-companies/usaa-in-san-antonio-tx-23452
Take into account that "A+" Rating, still does not reflect the current views as it is on a long rolling average and is yet to update.


My case against them should be an easy one. I have them on breach of contract violating their own set terms and not following their own procedure they defined. I also have them on bad faith with all the run-a-round they have been causing both myself and my attorney as well as refusing to even attempt to negotiate when all the evidence showed they were wrong in their valuation of the car.
They have given my attorney nothing but issues. We tried to settle out of court, they absolutely refused to communicate with him in any way aside from to say they needed my permission for him to represent me. My last message to them before I got my father/attorney involved was very clear in stating the next communication they received about the matter would be from him and included his contact information.



So yeah, a lot went wrong at once. In order:
>Injured my back at work
>harassed management to get to see a doctor
>doctor immediately tried to blow it off as "Muscle spasms" (obviously wasn't)
>symptoms got a lot worse (numbness and cold pins and needles going down right leg)
>doctor FINALLY ordered an MRI (results showed something severe enough the MRI tech did not want me getting up on my own)
>got in wreck on the way to get the MRI results from the doctor totaling car
>got someone to drive me to the doctor only for him to blow everything off on preexisting and outright lie about making a recommendation to see a specialist
>Insurance made joke of an offer and tried justifying it
>back and forth with claims adjusters showing car was worth way more, refused to budge or take the actual market into consideration
>started legal proceedings against insurance and sent them notice I was contacting an attorney to negotiate on my behalf
>got legal notice from work stating they are filing an appeal to cover absolutely nothing for my injury

One long, draining mess.

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 - the $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 if 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 at auction 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 in you area or 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.

 

[CynicalBrad]

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.

 

[Encap]

Anyways, the complaint is already drafted. I just need to sign it so it can be filed.

Well good luck--just sign the thing and get it over with--that one is easy and your father can do the legal work for free so you might make out OK if he does it at no cost and they decide to give you a little more just to you to not bother going to court. Could be OK if there was no injury or aggravation of existing injury with all you aches and pains--hard to believe but may be the case?
Until they get a letter from your father on his lawyers business letterhead that he represents you and you actually intend to file momentarily if not settled they are not likely to listen and they have their reasons lined up also, surely.
Where I am they can go by car dealers auction results also not necessarily just retail prices and use proprietary software that gives them those prices and you have the right to an objective, third party determination of value of that vehicle--to do a 3rd party appraisal as well to challenge their appraisal.

In any case good luck in whatever which way you handle both--hopefully you can get back up medical findings on the workmen's comp thing and your lawyer father can effectively represent you against the car insurance co..
Is not going to be easy-- these insurance entities didn't "just fall off a turnip truck".