2 years ago i got injured(fractured spine) that caused by a bus driver. The insurance company are now offering me an amount that I think is so small for what I've been through. Can anyone tell me what's the perfect amount for me to accept?
2006-09-08 20:45:06 · 12 answers · asked by Anonymous in Business & Finance ➔ Insurance
You're probably going to need a lawyer for file a claim against the bus company and their insurers. The claim should also cover your lawyer fees. You're going to need medical records from your doctors of any treatment you've been through, and your lawyer will figure out the rest. Good luck.
2006-09-08 20:49:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Nope, not enough information.
Also, if this was a public bus driver, and the employer is a governmental entity, they will be subject to governmental immunity laws, and exempt from most liability claims except in a few extreme cases.
You don't mention which insurance company is offering, yours or theirs. Keep in mind, an insurance company is NEVER going to pay more than the policy limit, so those are some other important factors to consider.
Lastly, you should talk to your own insurance agent, they know what coverages YOU have, and are familiar with the laws of YOUR state, and will be in a better position to advise you.
2006-09-09 13:01:01 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
I'm a licensed insurance adjuster. First, your question is very broad. There are many details that I would need to determine what is a fair settlement. Insurance companies have state approved guides that denote a fair settlement range for each injury type. From there, we take into account your length and extent of treatment. For instance, if you have a broken leg... one person just might need a cast, another person might require time in traction, insertion of pins or plates, physical therapy, etc. It depends on the nature of your treatment. Another thing is that adjusters have to look at comparative and contributory negligence. Comparitive negligence means that your settlement can be reduced by your own percentage of negligence. So say, if you were speeding, but its still the other driver that is at fault for hitting you, your settlement will be reduced because you were partly at fault. Contributory negligence is when you did not exercise due care for yourself. Like say there was a "floor wet" sign in a store and you walked through it anyway. Your claim would be denied because there was warning that there was a hazard, and yet you proceeded to walk through it.
Other things that can affect your settlement are
a) intervening cause - where someone causes an accident, but something else happens that aggravates the damage or injury. The ins co. may only pay what their insured did and not the damages that resulted from the intervening cause.
b) assumption of risk - when the plantiff knowingly exposes themselves to the possibility of injury or property damage.
c) joint tortfeasors - when the accident is caused by more than one tortfeasor (the wrong dooer who caused the accident). The ins co. may only the portion that their insured is responsible for and you would have to recover the rest from the other insurance carriers.
As a rule, insurance carriers, don't normally pay for "pain and suffering" because there is no way to measure pain tolerance. What is painful to you may not be as painful to someone else. Ins co tend to pay for Special Damages (or Compensatory Damages) only. Special damages are your medical bills, etc. If you want General Damages (pain & suffering, humiliation, etc) or Punitive Damages (monetary awards that are given to punish the tortfeasor) you normally have to file a civil suit against them personally (not the insurance company).
2006-09-09 03:37:12 · answer #3 · answered by aerowrite 3 · 1⤊ 0⤋
it all depends on..
- is there a police report?
- did you take an ambulance?
- are there photos of the accident?
- are there photos of sustained injuries
- did you have follow up doctor visits?
- do you have the medical records to prove this?
- are there acrued lost wages?
if you have all of this, since they have already (I'm assuming) accepted responsibility, you can do what the lawyers do: demand a large, outrageous amount say $80,000. that's not to say they will give you $80,000, it will just up the ante in your favor.
but you may want to contact an attorney, they are usually more successful at getting higher settlements because the insurance company knows that a lawyer will take the case into litigation to be decided by a judge if they don't get what they are looking for.
if you have any questions you can contact me.
2006-09-08 20:52:31 · answer #4 · answered by Fluffington Cuddlebutts 6 · 0⤊ 0⤋
Why not consult a lawyer in your area who specializes in personal injury lawsuits? I have seen numerous television commercials where the law offices of various attorneys offer to only charge a fee if money is collected from those responsible for the injury.
2006-09-12 11:32:12 · answer #5 · answered by LANCE H 1 · 0⤊ 0⤋
if you don't have a slime sucking low life bottom feeder, no not a carp, but an attorney, now is the time to get one.
interview at least 3 of these necessary slimeballs and ask what their ACTUAL percentage take will be. there are fees associated, which they take off the top, then they split with you.
in major cities this easily hits 50% after expenses, which means they get more than you.
if you negotiate well, ask 50% more than you think it is worth from the insurance cos.. i do well, but i am known to be obsteperous, women tend to be nice, and loose out.
get your doctors opinion of what condition you will be in at age 70
before you settle.
slither, stoop, connive, and bribe will do their best to settle out of court. trials represent a major expense to sewers, er suers, with no greater return for them, so they like out of court settlements. they settle for what they think their best return is, not yours.
2006-09-08 21:02:41 · answer #6 · answered by elmo o 4 · 1⤊ 0⤋
depends on lost wages, how much pain and suffering you went through, any permanent damage, so there is no magic number. I'd say $75k should a minimum but you might want to consult an attorney and give him the facts of your case as he may be able to negotiate a much higher payout even aftern his fee
2006-09-08 20:47:46 · answer #7 · answered by ken 3 · 0⤊ 0⤋
i could study that settlement very heavily, breakage isn't a conventional coverage on very own sources rules (a minimum of right here interior the U. S.). you may prefer to have a efficient articles floater and especially checklist the object to cover breakage like this. i'm greatly surprised that they are even exciting the declare, i could anticipate they could deny outright from the beginning up. Sorry.
2016-11-06 22:57:14 · answer #8 · answered by ? 4 · 0⤊ 0⤋
you have to tell us a lot more, like what happened and the extent of your treatment
2006-09-09 08:17:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
consult an attorney
2006-09-08 20:46:40 · answer #10 · answered by Jon H 5 · 0⤊ 0⤋