The insurance of the driver who caused the accident is trying to lowball or deny my claim after he rear-ended me and totaled my car.
Hey Reddit, I’m posting on behalf of my roommate “D,” who doesn’t have a Reddit account but asked for some advice. I have their permission to share their story, and I’ll provide the details in their own words for clarity. Here’s a quick summary first:
TL;DR: D was rear-ended, her car was totaled, and she sustained a severe concussion along with other issues. The passenger, G, had a minor concussion and other injuries too. D has State Farm insurance, and although the at-fault driver’s insurance (Allstate) initially offered $8k for her car, they later retracted it. The lawyers haven’t been very helpful either.
(We are located in Idaho.)
Update: The at-fault driver only has liability coverage. According to Idaho law, the minimum required is $25,000 per person and $50,000 per accident for Bodily Injury Coverage, as well as $15,000 for Property Damage Liability. More details can be found here.
For clarity: My roommate’s name is D. I’ll be the OP, and the passenger will be referred to as G. The following narrative is from D’s perspective.
Let me introduce myself as D (19F). In October 2024, I was involved in a four-car collision caused by a truck driver who hit me from behind. The impact crumpled my trunk and totaled my car. I didn’t call for an ambulance to avoid the cost, but police were on the scene, and I have a police report. My roommate, whom I’ll call OP (41F), got me the contact info for a lawyer after seeing an ad. She wanted to help me and my passenger G (20F, OP’s daughter) navigate the insurance claim.
When I went to the hospital, they X-rayed my shoulder due to bruising and sent me home. G underwent a CT scan as soon as we got to the ER. After a week of suffering from delirium, dizziness, headaches, and memory loss, my roommate arranged a doctor’s appointment where I was sent back to the ER for another CT scan. Initially, they said I didn’t need it because I had no brain bleed, but later I was diagnosed with a severe concussion, while G was determined to have a minor concussion. I’m still dealing with issues from that accident.
I have State Farm insurance, while the at-fault driver is with Allstate. They initially quoted me $8k for my totaled car but then claimed they didn’t have the funds. My lawyers promised to help me get enough to pay off my loan on the car but have only indicated I might see about $3k for bodily injury, which isn’t close to what I need.
I still owe $15k on my car loan, and my dad and grandpa suggested I stop making payments since I can’t get the car back. I was never offered a replacement vehicle, and being under 21, I can’t rent a car even though they offered to cover the cost.
What should I do next? Should I look for a new lawyer? Am I being taken advantage of? Any advice would be greatly appreciated!
Hi D,
I’m really sorry to hear about your situation; it sounds incredibly frustrating and stressful. Here are some steps you can consider taking:
Document Everything: Keep a detailed record of all correspondence with the at-fault driver’s insurance and your lawyer. This includes emails, phone call logs, and written letters. Documentation will be crucial if you need to escalate your case.
Revisit Your Lawyer: If you feel your current lawyer isn’t helping you, it’s perfectly reasonable to set up a meeting to discuss your concerns. Ask for clarity about the progress of your case and why the settlement offers have not met your expectations. If you still don’t feel satisfied, you may want to seek a second opinion or consult with another lawyer.
Consider a New Lawyer: If the current legal representation is not working out, don’t hesitate to find another attorney, especially one who specializes in personal injury cases. They may have more experience negotiating with insurance companies and could potentially get you a better settlement.
Negotiate with the Insurance Company: If you feel confident, you could try directly negotiating with the insurance company. Present all your medical documentation, repair estimates, and any other relevant evidence demonstrating your expenses and pain/suffering from the accident.
Medical Records and Bills: Make sure all your medical records, bills, and any evidence of lost wages are organized. These documents can help substantiate your claims for damages.
Car Payments: As for the loan on your totaled car, contact your lender to explain the situation. Some lenders have programs for borrowers in accidents, or they may grant temporary relief.
Seek Compensation for Bodily Injury: The injury claims you mentioned—especially the severe concussion and ongoing issues—could warrant higher compensation than originally suggested. Your health and future medical expenses are important factors in determining the settlement amount.
Report to the Idaho Department of Insurance: If you’re facing difficulties or unfair practices from the insurance company, you can file a complaint with the Idaho Department of Insurance. They may be able to offer assistance.
Stay Persistent: Unfortunately, insurance companies often try to minimize what they pay out. It’s important to remain persistent and advocate for yourself through this process.
Don’t hesitate to reach out to any local legal aid organizations for assistance if you’re not sure where to turn next. Best of luck, and I hope you find a resolution soon!