Because of this accident i have developed pain in my back, i've missed several days of work, and my car was totaled.
2006-10-25 12:57:47 · 7 answers · asked by bigman 1 in Business & Finance ➔ Insurance
First the easy part. You will get to replace your car with a similar one or get money equal to what the car was worth before the crash. You can use the money to pay off the car and if there's any left, you can put it down on another car.
Now, the more difficult part. Depending on what state you are in, you either have a claim against your insurer (if you are in one of the 9 No-Fault insurance states) or against the at-fault driver's insurance (in the rest of America).
Word of advice......several studies have found that if you DON'T use a personal injury attorney, you will get more money and on average, you will get the money a full year faster.
Getting an attorney will get you the same amount of money (or less since they take 40% of what they get you) and it will take over a year LONGER to get the money.....primarily due to the fact that the attorney wants to prove they deserve the extremely high cut of your money they get....so they stall, drag their feet, waste a lot of time trying to get your more....
But in reality.....if you approach the insurer yourself without an attorney and give an honest and reasonable request....you will get it. And, quickly.
An insurer facing months and months and months of costly defense litigation will almost always rather bargain directly with the claimant and avoid court costs that could run into the tens of thousands of dollars.
Now, you aren't seriously hurt so you are not going to get a lot of money.
You missed a few days of work (which should be part of your claim)....you had some medical bills (probably several thousand dollars when its all over with) and you've had a bit of pain.
You're probably looking at $25,000 maybe.
You should ask for $30,000 and when they counter with $20,000.....get them up to $25,000 and take it. You'll get your money within weeks.
Using an attorney....there will be depositions and medical exams and expert testimony and lots of hearings, motion hearings, lots of missed work time to go to court.....
And two years later, maybe you win $50,000, but after the lawyer takes his 40%, you get $30,000 but it took you more than two years to get it. How happy would you be with that mess?
Just deal honestly with the insurer, be polite and reasonable, answer all of their questions and be persistently friendly and reasonable and I guarantee you will get a much more satisfactory result.
Insurers don't want a fight. They just want to control claims costs. If they know they can save $15,000 in defense costs, maybe they will give you the $30,000 after all.
You don't give up any rights by negotiating until you sign a settlement agreement. If you don't like the terms of the agreement, you can hire a lawyer after that and try your luck.
But in your case, you'd very much likely do much better on your own.
Good luck!
2006-10-25 17:00:30 · answer #1 · answered by markmywordz 5 · 1⤊ 1⤋
The cost to repair or replace your vehicle (actual cash value) and if you have medical bills and lost time from work it will depend on the state where this happened as to whether you can claim them. In some states you only get pain and suffering, and no payment for your bills, which you have to submit to your own carrier. You have not told us enough to get a value, and every case is different. If you just have like a sprain/strain, it's not worth that much anyway.
2006-10-26 17:37:00 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
I'm an insurance agent.
The other person's insurance is going to be responsible for paying for your medical bills and damages to your car. This will be settled by an adjuster. However, if you are looking for anything beyond medical payments and damages to your vehicle you are going to have to retain an attorney for that. Insurance adjusters will not give you the "pain and suffering" money. They pay for what is specified in that policy ONLY!
2006-10-26 10:47:26 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Insurance will bring you back to the position you were prior to the accident. No better, no worse. Your car will be paid for, your medical expenses, and any lost wages will be paid. Nothing more.
2006-10-25 20:02:18 · answer #4 · answered by Badkitty 7 · 1⤊ 0⤋
the cost of the car and your doctor bills, and any back pay.
It is an accident, that person didnt do it on purpose.
2006-10-25 20:00:26 · answer #5 · answered by bhasquin 2 · 1⤊ 0⤋
I would talk to a personal injury attorney immediately.
there is usually no charge for initial consultation.
they charge a % of what they get for you, usually 1/3.
2006-10-25 20:00:47 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Our car insurance remains high due to people like you!
2006-10-25 20:13:40 · answer #7 · answered by wildfire 1 · 1⤊ 0⤋