How much should I settle for from car accident from insurance co?

Question

End of July had bad car accident. Air bags deployed, car was totalled (insurance co. already paid property damage - other guy was at fault), but now there will be a medical settlement. The injuries were mostly large, nasty bruises and abrasions on arms and chest from air bags and seat belt. Went to the doctor, now pretty much healed, altho lot of pain for a time...couldn't pick up a cup for instance. The adjuster is coming to see us (my grandaughter was injured, too), and I know he's going to make an offer, but it will probably be small. I am retired, so no wage loss was incurred, but hey! It HURT! And I lost my car for over a month. I perform the function of "gramma-taxi" daily for my family and it was very stressfu not having a car plus dealing with the injuries. I don't want a lot - after all - we all have to pay for insurance claims, but I don't want to be mistreated either. And, I don't want to contact our attorney, really. Just wanna deal with it fairly. Any suggestions?

I do have insurance, and my adjuster is aware the other co. adjuster has contacted me, but never made your point to me.. I will talk to my adjuster about this. Good point.

I do not understand your comment re: getting rich off of someone else's misfortune. Did you acutally read my question? We are the ones who were injured. The other driver hit us, not the other way around. All medical claims require a settlement of some kind. Usually they are quite small.The medical bill is paid and a small amount for wage loss, or distress might be added. I am only asking for advice here, not a million bucks. Be real, please.

I'm in Oregon. As to getting rich, or asking for $20,000, or the reference that my insurance co. will be paying the bills, etc., may I restate, the other person was completely at fault, therefore HIS co. is liable, and WE WERE INJURED. It was frightening, I thought the car was on fire, and my first thought was-I have got to get my grandaughter, who was belted in, OUT OF THIS CAR and she was hurt and screaming. I wonder if some of you have ever BEEN in a serious car accident at all. It is a horrifying experience. Not into soaking anybody, and certainly the property damage claim didn't as I was driving a 1995 Buick.

The at-fault driver's insurance paid 8 days rental reimbursement. Frankly I opted to add the amount to the cash property damage settlement...since by the time they did a pay out I had purchased a bus pass for the month. And to the most recent answer, thank you. That was the kind of information I was hoping for. I subsequently found a 1992 Buick Park Ave in tip top shape for $1600 on craigslist and am reallllly happy with my new car.

Answer 1

Normally, you are doing pretty well in a settlement if you get your meds paid, plus three times the medical cost in pain and suffering money. Say that your total injuries were 3000. You would try to settle for a total of 12,000 (3 k for the injury + 9 k for pain and suffering).

Insurance adjustors know this and will try to pay less. However, this is often less expensive for them than going to court.

One more issue. When you lost your car for over a month, did the at fault party's insurance pay for your rental. They should have paid for one for a reasonable period of time (up to the point when you got a new vehicle). If they did not, it is ok to ask now. The rep would have to reopen the property damage portion of the claim, but if I know most reps, they would fudge it in as part of the injury settlement to avoid the hassel.

None of this, of course, is legal advice. Just nuggets from my experience as an adjustor.

Good luck!

Answer 2

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Answer 3

Never settle. You do not know what kind of medical conditions you will have in the future. You say that you couldn't pick up a cup? Is that severed muscles or bone/joint issues? Either way those can have long term effects.

You need to not negotiate one bit with the adjuster. Your insurance company will continue to pay your ongoing medial bills and negotiate with their insurance company.

I am not suggesting that you soak them for more than is necessary. You certainly are entitled to some pain and suffering but what I am talking about are the future issues you do not know you will have from this accident. I know because my grandfather had an accident that was not too terrible but he is older and those kinds of incidents cause more problems then we can know. He is still being taken care of by his insurance and they are pursuing the other guy's insurance company for the settlement. That was several years ago. Every time the adjuster calls he refuses to settle.

Good luck. Let us know how it goes!

Answer 4

The amount of money you receive should be equal to the amount spent out of pocket from yourself and they amount your insurance company had to spend. Make sure your Insurance company is reimbursed and make sure you put back in your checkbook every penny it cost you to make yourself whole again. When the adjuster comes out, just make sure you have any of the bills and all the documentation to provide to show what out of pocket expenses were made to recover from the incident and don't let him give you a penny less.

Answer 5

Ok, then here is real:

Real is that you were injured, and your insurance company is paying for all of the damages, the car, and the doctors bills.

I understand it was stressful, I got my inferior vena cava nicked in surgery and had to be off for 6 weeks, but why do you believe that you should be paid for pain and suffering? I think you watch too many TV shows. You're supposed to be made wholle, not enriched.

If you think that you can in good conscience accept $20,000 of money because that's what they offer to you, then take it, but don't act like you want to be "fair", because "fair" is what the insurance company already did.

Answer 6

There is a cap on the other person's insurance. Whatever is leftover from the medical, collission and property bills will be yours. It will only be a few thousand dollars. However, they won't offer it to you up front. Ask for $50,000 and see where they are at.

Answer 7

THERE IS A CEILING ON THE OTHER PERSONS INJURY LIABILITY....THATS AS MUCH AS GETS PAID TO THE INJURIED PARTIES....IT IS EACH PERSON... THE BABYS PORTION IS USUALLY PUT INTO A GUARDIAN ACCOUNT AND CANNOT BE USED UNTIL 18 YRS OLD...........YOU GET THE MAXIMUM FIGURE PER INDIVIDUAL.....IF YOU TURN DOWN THE CLAIM AND GET AN ATTORNEY....YOU DONT MAKE OUT MUCH BETTER BECAUSE OF FEES...UNLESS ITS A SEVERE AND ONGOING INCAPACITATION ....AND ITS NOT ENOUGH TO TAKE AWAY THE PAIN .....BEEN THERE WITH CHILD

Answer 8

If you have insurance then the insurance agent of the person at fault should be contacting your insurance company not you, We pay our premiums for a reason, and they are not cheap!!!!!!!

Answer 9

You never stated what state you reside in... it makes all the difference in the world.

Answer 10

You are not supposed to get rich quick off of someone elses misfortune, whoever heard of not being able to pick a cup up for heavens sake, I hope you are not teaching your innocent grand daughter how to be a little criminal...