In a Car Accident, the Victim is often Innocent

In December 2004, Shannon Bamsey from Newport Beach, California was rear-ended as she came to a stop at a red light. The woman who hit her didn't apologize and even worse, the woman's insurance company offered to pay only a portion of Bamsey's medical bills.

"She slammed into me at 30 mph and crushed the back end of my new Dodge Neon. The force from it made me hit the car in front causing minor damage. We were in the middle of a busy intersection so we all limped into a nearby gas station and I called the police department so they could file a report. Her front end was pushed in and I couldn't even recognize the trunk of my car. I couldn't even talk to this woman I was so mad. It was a good thing when the traffic cops finally showed up - they acted as a liaison and we exchanged insurance information.

"The next day I took my car into the body shop and found out a few days later it was a write-off. This was such a shock to me; I only had one payment left on my car. All my insurance company did for me was to assess the damages and they ended up paying me only $6,500 for the car. I had to go after her insurance company for everything else.

"I submitted a demand letter to her insurance company for my medical bills, along with inconveniences and charges incurred for a rental car while my car was in the body shop.

Her insurance company said they would only pay a portion. I had to go to the chiropractor three times a week for five months after the accident and I still have to go once a week. I'm very frustrated. This is now 18 months after the fact and I feel like nothing has been done."

Why can't car accidents be settled in a timely manner by these insurance companies?

Shannon Bamsey is sticking to her guns. She refuses to settle for less than 100 percent of what is rightfully owed. She wants to move on with her life and put this accident behind her. Why does the victim, the injured party in a car accident, have to even write a demand letter to the other party's insurance company? Medical payments should not be negotiable. If more people like Bamsey stand up for their rights, insurance companies will eventually be forced to change their policies - to pay the injured party in full, non-negotiable.