NPC: Accident, insurance claim advise, Help me not get screwed! Options

[Dr Evil]

I know that there are some people on here that are lawyers and insurance adjusters and I was hoping that some of you could help me.
The story:
I was exiting the freeway (805N to Balboa West) when a guy with a little nissan truck decided that he wanted to be where I was in the exit lane. He merged into me and totaled my bike. Winesses say that I got 10' of air, but I don't remember that part. There is no question of who was at fault and his company has accepted total responsability. The adjuster is coming over on wednesday to look at my personal effects that were destroyed/damaged during my dancing lesson with the truck. Items include: Watch, cell phone, boots, helmet, jacket, and pants. Nothing that crazy, and I am not claiming to have been waring a Rolex.
The problem (bend over) (IMG:style_emoticons/default/mad.gif) :
The adjuster is already talking about "depreciated value" for my effects. I have been hit by one RV, one car, and now a truck and I have never heard of an adjuster offereing depreciated value for a helmet, pants, watch, etc. How the hell do you figure out the depreciated value?

(hypothetical)Him, "well, from what is left of your pants, I can tell that they were purchased two years ago (even though they are the same type available today and are not that old). So, well figure $40 as the original price minus $21 a year since jeans are a work type of clothing, leaving you owing us $2 for hitting you <_< "

My effects are not expensive ones, and I would like to just get enough to replace with the exact same make and model. Is this fair? What is my recourse if I do not agree?

I also did not go to the emergency room as I am pretty knowledgable about emergency medicine and assesed my self. I did this for many reasons; I dont believe in clogging the ER for superficial wounds that I KNOW how to treat, I dont believe in going to the ER to get a bigger settlement, I had no intention of getting a lawyer to sue for "three times the amount". I like to be responsable and to only collect on what I am due. I am getting the feeling that I should have sued the crap out of them.

With not going to an ER it seems that I am not going to get any pain and suffering either. All I want is the $425 that my salvage cost me, not thousands. Do I have a claim for pain and suffering? I was messed up for a little over a week, and was missing part of my hide, but that is almost all grown back by now.

Any help would be greatly appreciated.
-Mike

[aircooledboy]

Hey Mike,

Bad luck bud. Glad you weren't seriously hurt or worse. I just wanted you to know that as one of the lawyer types around here, I was not ignoring your question. Problem is, what you can and cannot collect for varies dramatically from state to state. I was hoping a cali lawyer would jump in here. Heck, I'm not sure there are any in the club. Any way, here goes:

The insurance company is generally only required to compensate you for the value of the things destroyed as they existed at the time they were destroyed. Thus, you may only get them to pay you $30 for a 2 year old pair of pants that cost $50 new. As far as the personal injury part, you may have hosed yourself a bit by being your own "treating doctor." Without documentation of the nature and extent of your injuries, you have created "proof problems" for yourself, and bean counter insurance guy will know that. We hear alot in the media about the run away jury sytem these days and how plaintiffs are getting these lottery sized verdicts in personal injury cases. Truth is, jurors read newspapers too, and for every newsworthy goofey big verdict, there are probably 500-1000 cases where plaintiffs don't even get awards that cover their out of pocket expenses. The pedulum of public perception, and thus jury verdicts, is clearly swinging the other way, and insurance companies know that. Consequently, they are increasingly ballsy about saying "here is what we will give you, take it or leave it."

My belief is that in a low dollar case like yours, your best bet is to spend time thinking about it, and have a number in mind that you will accept, and can live with. If it is unreasonable, the adjuster will quickly take you for a nut, and that will effectively end the negotiation. Remember this is a negotiation. You really are best starting out with a number slightly higher than your actual bottom line. While you want him to think about the expense of litigating over a few hundred buck difference versus settling, he will do his best to get you thinking the same way. He knows that an attorney would take a percentage of the settlement if you have to resort to that, and it will likely cost more than a few hundred bucks. The question is whether an attorney can help you get more from the insurance company so that you still come out ahead. That is often not an easy question to answer. Do your level best to not get defensive or personal with the adjuster, and calmly explain why that is the number it will take to settle the case. If you are too far apart, you will proabably have to see a lawyer, so be very careful not to get sucked into a discussion about the facts of the case. He will try to use any admissions you make against you if the case goes farther. So if he throws facts at you that you disagree with, don't fall for the trap of then laying out in detail your version of the event. Make it clear that you disagree, but leave it at that. They do this for a living, and my well be trying to get you to say things that hurt your position later. Not all adjusters do this by any means, but some do.

BTW, no part of my practice involves personal injury cases, and I am not trying to grind an axe here. I do have to deal with insurance companies regularly though. I am in various court houses all day every day, I read lots of lawyer stuff, and the trend of insurance companies taking a harder line on settlements is an easy one to spot. I'm not sure if any of this will be of any real help to you, but at least you will have a basic idea of what is headed your way when you met with this adjuster.

Hope this helps some.


Chris