I don't know what the process is at this point. I am waiting on my adjuster to deem my car a total loss, which I'm sure it will. I've heard that her insurance company will call and offer me a settlement to avoid me suing her for pain and suffering. How much can I get?
2006-08-28 20:13:21 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Normally, there is no settlement if the only damage is to the vehicle (i.e. you are not injured). They will settle for the value of the vehicle. These can be negotiated, but is not really a settlement since there are no legal documents (like a release).
If you are injured, a class settlement amount is 3X the medical bills for pain and suffering. This is a settlement amount, not the amount you could win in court. This is also not legal advice.
If you are not injured, and try to fake it, you risk fraud. If you suddenly claim to have an injury after the insurance company does not offer you as much as you want for your vehicle, they will probably call your bluff (I did when I was an insurance adjustor).
Good luck!
2006-08-30 17:31:52 · answer #1 · answered by Spork 3 · 0⤊ 0⤋
Make sure you get a fair deal for the car. You do need to contact the other persons Insurance company to claim your Pain and Suffering. Some lawyers just use the formula of medical and other bills, mileage etc times three. Check with your states insurance department they have rules of how many days the insurance company have to pay. Don't get a lawyer unless you absolutely must, they will want 40%.
2006-08-29 03:26:02 · answer #2 · answered by S E 5 · 1⤊ 0⤋
Normally, the insurance will offer replacement for the vehicle and pay the medical and out of pocket expenses.
Check to see if you are in a no-fault state. If you are, you probably won't get much, if any, over your expenses. If not, you will get an offer usually for all the above and 4x medical expense.
I recommend you consult an attorney.
2006-08-29 04:07:15 · answer #3 · answered by tnmack 3 · 1⤊ 0⤋
However much your hospital bills and car costs to get fixed or the value of the car if deemed a total loss.
2006-08-29 03:16:48 · answer #4 · answered by i_luv_the_irish23 4 · 1⤊ 0⤋
Normally, the insurance companies battle it out and you're rarely involved.
If you decide to sue, get a lawyer and DO NOT speak with her insurance company. EVERYTHING should go through your lawyer.
2006-08-29 03:18:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They should pay for your medical if injured and whatever it cost to get your car fixed. Hope you weren't hurt and hope you got all her information. Drivers license, insurance company and license plate number, and if any witnesses hope you got thier names.
2006-08-29 03:22:57 · answer #6 · answered by tommy v 2 · 1⤊ 0⤋
They often try, because settling is often cheaper. They don't want to bank on complications, future health problems, etc. If they send a check, don't be hasty to sign, it is usually tied to an agreement that no further payments will be made.
2006-08-29 03:21:41 · answer #7 · answered by OatesATM 3 · 1⤊ 0⤋
Did you go to the hospital, are you injured? Get a lawyer.
2006-08-29 03:24:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No. Either you get f**ked or your lawyer f**ks them.
2006-08-29 03:32:51 · answer #9 · answered by Anonymous · 1⤊ 0⤋