DK, I sincerely hope your wife comes through her surgery with flying colors and is healthy and as good as new after her recovery.
First off, I have to admit that I know absolutely NOTHING about auto insurance companies and lawyers in this kind of situation. My state of Michigan is No Fault, which has it's own set of rules (I also don't totally "get").
The first thing I have to say from personal experience is DO NOT TAKE ANY MEDICAL PERSONELS ADVISE ON RECOVERY AND DO NOT ACCEPT A SETTLEMENT BASED ON A PREDICTED RECOVERY!!! I understand not feeling a lawyer is warrented (in our case we couldn't afford one). I was rear-ended in 2000 after I made a completely text-book stop at an itersection on a yellow light. I glanced into the rearview mirror 2 sec's before the asshole slammed into me and I instantly reacted by twisting towards the passenger seat to try to protect my dog from flying into the dash. Didn't happen, poor baby and poor me.
I went through x-rays and an MRI and they said they couldn't find any injury. No fracture, slipped disc, dislocation or anything was found. I went through 3 weeks of PT. It's now 8 yrs. later and the doctor's have never found anything wrong with my back but I have lived with chronic and (mostly) acute back pain ever since (I can go anywhere from a week to a couple of mths with dull instead of acute pain but it's always there). Just because you have the "initial" PT does not mean you are injury free.
The second thing I wanted to address was the whole blue book/insurance value/what you owe. I realize that new vehicles lose quite a bit of value the minute they're bought and driven off the lot. To my inexperienced ass (and I am totally talking out my ass), given that "their" client has admitted total fault, I personally wouldn't want anything less than what was still owed to the bank for the car, regardless of the "blue book" value. I'm quite sure the law will dissagree with me (I'm assuming the 4K value was "before" the car was totalled, dur) and I don't know if you are in a "no fault" state.
Hope something in my rambling made sense and/or helped! Good luck to you and your missus!
Ali
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'Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun, The frumious Bandersnatch!'--Jabberwocky, Lewis Carroll
"You cannot do a kindness too soon because you never know how soon it will be too late."--Ralph Waldo Emerson
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