She fled the scene. I was rear ended at a red light she had no intention of stopping at. My dogs flew from the back seat to the dashboard, I followed her called 911 and she was arrested. It turns out it was her 3rd arrest for drunk driving, she was conviicted of drunk driving and felonious assault. I was in bed for two months, had to hire someone to take care of the house,because I was in so much pain. I'm trying to get damages from her insurance for $10,000. (roughly what my bills were) They want to settle at $4400.00 and I'm being told I should settle. WTF? I'm not asking for the moon, I think given the circumstances I'm being very reasonable - everyone who saw me during that time frame were licking their chops over how much I was going to get!!! (Like looking for $500,000 or 1,000,000) What do you think is reasonable and should I get another lawyer?
2006-07-09 22:42:55 · 14 answers · asked by Sidoney 5 in Business & Finance ➔ Insurance
An insurance company is NOT going to pay you more than the coverage limit. She might have minimum liability for your state.
Also, how much was the damage to your vehicle? Minimal damage to your vehicle would suggest that you are exaggerating your physical injuries, and you won't get much settlement.
You should be able to collect for the entire amount of your medical bills, including prescriptions, and services you have to hire because you can't perfomr them yourself (assuming you can't perform them due to a direct injury, such as two broken legs).
If you only have soft tissue injuries (neck & back) or have waived your right to sue for non-serious injuries (limited tort?), you will NOT be able to collect for "pain and suffering".
Who is telling you that you should settle? If it's an attorney or your agent, they are more familiar with your coverage and your state regulations, and I'd take their word over a stranger on the internet.
2006-07-10 02:12:10 · answer #1 · answered by Anonymous 7 · 0⤊ 1⤋
Hell no I wouldn't accept that offer. If your bills were really around $10,000, even if they were covered by your insurance, I would feel that offer was a joke and an insult for your damages, not to mention your pain and suffering. I don't even know if you had vet bills to pay or lost one of your dogs. I am not sure where you live, but in CA there is a document you can file and serve called CCP 995 offer where you set an amount that you will settle for. Basically, this offer is the point that if you win an award in court that exceeds your offer, they would have to pay all of your attorney's fees and costs in addition to the award you win. If your damages (out of pocket expenses) are $10,000, I would offer at leas that to settle if not more. The insurance company will know you mean business and will want to avoid litigation because it costs so much, not to mention they probably know you could get so much more as you should be awarded pain and suffering as well. I would mention this to your lawyer and find out why he thinks that is a fair settlement. If you disagree with his reasonings then you may want to seek advise or consult with someone else. Insurance companies will try to low ball people to save a buck and make victims think they are getting some kind of deal. The down side to this offer is if the award is less than that amount, you would have to pay their fees. It can be a gamble but it sounds like you have a strong case.
2006-07-10 00:24:15 · answer #2 · answered by Kitt 2 · 0⤊ 0⤋
I'm not certain I fully understand your situation. If you are saying they are offering $4400.00 total settlement and yet you have $10,000 in medical bills, I can only conclude that the adjuster sees something in your medicals that do not appear reasonable. Or, perhaps you are saying they are offering $4400.00 to you on top of the medical bills. Either way, no one here could truly evaluate your injury claim. No one here knows the complete details of the accident nor your injury and subsequent treatment. It is sometimes said an injury claim settlement will be 2 times the medical bills, or 3 times, but there is no formula for this. An adjuster looks at all factors and evaluates the claim's value based upon those factors, using their experience as a guide.
I see several answers here suggesting you retain an attorney. However, since you have apparently tried to settle the claim yourself, perhaps you have some reservations about this. Consider that the attorney is a skilled negotiator and will work to get the highest settlement possible. Consider also that the attorney would also be experienced in handling injury claims and will seek recovery for you from all available insurance policies (there is often more than one applicable policy) and may be able to negotiate lower charges from the medical providers. The attorney will attempt to sell you on their services based on these factors.
Consider also that the attorney offers their services because they will take a percentage of the settlement as their fee. Personal injury is a lucrative area of the law. Consider as well that the presence of an attorney, or the lack of one, is not truly a factor in the adjuster's evaluation of your claim. The adjuster is there to put a dollar figure forward as compensation for what you've experienced. In any settlement, the point is to indemnify the claimant, meaning to put them back as they were before the accident. An attorney has nothing to do with that; thus, an attorney is not part of the evaluation. That said, on a practical level, the adjuster often knows the attorney, having settled claims with him/her in the past and has an idea what it will take to reach settlement with them.
The short answer is on small run of the mill claims, the claimant will come out ahead settling the claim themselves as long as they are willing to do the legwork of making sure all bills are presented to the adjuster for consideration. Go into negotiation prepared with a number you want and be ready to support that number with the facts of the case. With injuries of a more serious nature, as well as complex claims involving multiple insurance policies, it would be difficult for the lay person to appropriately handle their own claim. (And, the adjuster will be glad to have an attorney present because they will be responsible for submitting all the bills and paying all the liens once settlement is reached.)
By the way, it is NOT the adjuster's job to settle for the least amount possible. It IS the adjuster's job to fairly and accurately evaluate the claim and come up with a range within which to negotiate a settlement. The adjuster will attempt to settle for the lowest figure within that range but will accept any counter offer you make that falls within that range. Quite frankly, similar claims involving similar injuries should settle for similar amounts. That one person is a push over and would take any amount offered and the next person is belligerent and would contest any amount offered (even if it were more than they wanted) makes little difference to indemnification. But it makes all the difference in the world to negotiation.
2006-07-12 15:16:05 · answer #3 · answered by OneManWrites 2 · 0⤊ 0⤋
Get a lawyer to represent you. Do not talk to the other party, their lawyer or their insurance company until you have a lawyer.
I had a rather minor accident with very little damage to my vehicle and no bodily harm. One of my lawyer friends said I could get $10,000 if I hire a lawyer and that was 11 years ago..
2006-07-10 06:32:05 · answer #4 · answered by insuranceguytx 5 · 0⤊ 0⤋
You need to get an attorney involved. I'm an insurance agent and let me advise you DO NOT ACCEPT the settlement. Once you do that's it. They will close the claim and you will be S.O.L. from that point. Your best bet is to get an attorney who deals with personal injury claims and insurance companies. What you have to understand is that it is the insurance company's goal to get out of paying as little as possible to you. It's dirty but unfortunately it's the way it works. GET AN ATTORNEY!!!
2006-07-11 04:25:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well to be honest with you i think you should more likely get more than you bargain for, because not only your vehicle was rear ended or damaged you also sustained personal injury. Since you could have been nearly killed you should seriously ask for more, even compensation for your injuries and seriously get another lawyer. But hope you do get more, and i wish you the best..
2006-07-09 22:52:36 · answer #6 · answered by James Ryan Crawford 1 · 0⤊ 0⤋
Make sure that your lawyer is someone that has been involved with claims like this. Don't be afraid to speak to another lawyer. I would myself counter offer with at least 10 times the amount that they offered, just because it was so low. You want what they offered ++++++ and your medical bills paid for.
2006-07-09 22:52:25 · answer #7 · answered by Twisted 2 · 0⤊ 0⤋
Get a lawyer. They are just trying to make you settle for a small amount now as opposed to you going through the trouble of getting a lawyer and taking them for thousands. Its a common ploy. The drivers Lawyer is just trying to do their job...the problem is they are working for her, not you. Get your own lawyer.
2006-07-09 22:47:15 · answer #8 · answered by skigod377 5 · 0⤊ 0⤋
Hire a lawyer once hired the insurance company will increase the offer.
2006-07-10 13:54:48 · answer #9 · answered by John H 4 · 0⤊ 0⤋
As we dont know where you live, in what part of the world, its hard to answer.
Consult an attorney to make certain you know what you are doing.
2006-07-10 00:52:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋