I was hit head on yesterday by an oncoming car who was totally on my side of the road and even admitted that to the trooper who filed our accident report. My car was totaled, but I wasnt severely injured, just a neck strain and a little whiplash, which is actually pretty painful and extremely uncomfortable. I know since its so clear cut and in the report that she was completely at fault that I will be compensated for medical and for my car, but everyone is telling me Id be a fool to not pursue pain and suffering and something for the possibility of future medical expenses due to the whiplash, before I sign a settlement agreement that realeases them from future responsibility. I dont want to have to hire a lawyer...I just want some advice on what a fair settlement amount might be...what should be the least I should accept (not including my car and current medical bills incurred, just for the pain and suffering and future medical)
2006-11-06 13:27:28 · 9 answers · asked by savhannawind 2 in Cars & Transportation ➔ Insurance & Registration
Sounds like you need a lawyer to review the paper the insurance company wants you to sign so you can come back and file a new claim for any permanent injury's that may pop up later. Refuse to sign any waiver until you have consulted a lawyer. Lawyers usually work for a percentage of the settlement and if they don't get you more money they don't get paid.
2006-11-06 13:37:21 · answer #1 · answered by G 6 · 0⤊ 1⤋
If it is a clear cut case that the liability is due to the other person, their insurance carrier will want to settle the matter ASAP. Now, is your state a "no fault" insurance state? If it is, the medical bills will have to total a certain amount before you can sue, unless you have a provision in your own policy that eliminates that. First, of all, you will have aches and pains for a few days after an accident, that is normal. If I were you, I would insist on having xrays of your neck and spine. Many times there is damage that will not show for years. So, it is best to be checked out as throughly as possible. Even have a blood test and urinealysis. Several years ago, I was in an accident and the next day I went to my doctor. He tested my urine and saw a small amount of blood. A few days later, there was more. Guess what, I had a kidney stone the accident jarred loose. Now, the stone was not the fault of the accident, but the accident moved it and I would up having surgery as I could not pass the stone.
If you don't use a lawyer, you will get taken. Insurance companies want to take all the money they can, but don't want to pay it out. If they offered you $1, that means they would give you $5. It simply becomes a negotiating game. For the most part, a lawyer who specializes in accidents knows what an injury is worth and how to deal with insurance companies. They know when to settle and when to go to court. On your own, they will not give you anything for pain and suffering or future medical expenses as they will claim you will be fine in the future. Don't let them take you for a ride.
2006-11-06 13:38:00 · answer #2 · answered by brucenjacobs 4 · 1⤊ 0⤋
If you are going to pursue a bodily injury claim against the other party, hire a lawyer. There fee is 33 1/3 of whatever you recover. If you don't hire a lawyer, you will get played.
An insurance company does not compensate you because you got into an accident. They compensate you because you are injured. You must prove significant injuries to your neck and back. How? You must go to your chiropractic treatments or Orthopedic treatments. If I were you, in about a month have your chiropractor send you for an MRI of the Lumbar and Cervical Spine to see if there is anything seriously wrong with you. Unless you were hit by a commercial vehicle, you must show disc herniations to recover money. If not the insurance companies, think that its not that serious. Bulges are not that serious. Unless you live in a state where there is no such thing as a threshold, you can claim any injury. I would also go see a Neurologist, so that he can do nerve testing (EMGNCV testing). This test would reflect on your MRIs. If you have headaches, go see a TMJ Physician because you might have dislocated your jaw and didn't even notice. If you have any shoulders, legs, or arm pain, go see an orthopedic.
If you do intend to pursue, you must treat like you're injured. Do what your physicians tell you to do. You can't recover any money if you never saw a doctor or consistently treated with them either.
It's way too soon for you to be offered any money for your pain and suffering. No insurance company will offer money for pain and suffering until you have proved your injured.
2006-11-07 01:15:43 · answer #3 · answered by Rica 82 5 · 1⤊ 0⤋
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2016-09-25 01:38:37 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Difficult to say what you are entitled to right now. Just how much money is 'pain' worth? Are you REALLY suffering? Would you be in any more pain if you had a skiing accident or does the fact that an insurance company is paying the tab make you feel entitled? These are moral questions that you have to wrestle with. If you are truly not 'injured' then don't count on that vacation to Hawaii yet. A suggestion: try working with the adjuster vs entering a combative situation with him/her. They have heard it all a thousand times and the company is NOT afraid of a lawyer. All a lawyer will do for you is take 40% of your settlement after stalling and posturing for two months while you rack-up useless chiropractor bills that the insurance company will likely refuse to pay. Guess what -- your lawyer won't pay them either, YOU will.
2006-11-06 13:47:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I can't put a value on your claim. Not because I don't know what these claims are worth, but because you just had an accident yesterday and haven't even treated!
It's up to you if you want to make a claim for pain and suffering but you should be aware that with a whiplash claim you're not going to get any money without signing that release. You don't have the kind of injury where future care is a consideration. These sprain/strain injuries resolve themselves WITHOUT TREATMENT in a few weeks, so no one is going to buy that you need future care whenyou settle. Right now, my opinion is no treatment, no claim, but to make you go away I'd give you $500 if the claim was on my desk. Of course, I do not speak for the company you're making a claim against.
2006-11-06 13:53:59 · answer #6 · answered by Chris 5 · 1⤊ 0⤋
ok Something that I have learned.
In this day and age, You will not be compensated completely for your problems incured by the accident unless you have a lawyer.
I had an accident a lady hit me in the side, I was in the street she pulled out of a parking lot right into me. She never looked to see me. They totaled my car with the loan company, leaving me to pay 2000 bucks for a car I didnt have. While still owing money on a car I could not get a new car loan, and it wrecked my credit. So anyways get a lawyer.
2006-11-06 13:41:52 · answer #7 · answered by Anonymous · 0⤊ 1⤋
if you want the max amount, you'll have to start with a chiropractor that operates dishonestly and have him/her treat you for years, shiftly lawyer should be able to give you the name of the one he works with to fool the public. Depending on the laws of your state, pain and suffering is not necess an option unless you are permanently injured. ex of what people do, my daughter bumped into a girl, no damage to car...the girl got a lawyer, went to the chiro and claimed she could never work again, she tried for 40 grand, she got 10 for lying. However, I'm sure she was punished in some way for that.ie karma....if you were truly injured, make the claim, if not...consider yourself lucky. not many people survive a head on crash, but if this girl was drunk.....make her pay pps, you cannot sue for possible future medical bills, you have to wait until you are well to process the claim
2006-11-06 18:21:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It all depends on what state you are in. Some states have no "pain and suffering". You are paid for only real medical expenses, unless you have a SIGNIFICANT injury (lose an arm, permanent scaring, etc).
Its best to ask any insurance company agent in your state and ask them. The idea that insurance companies rip people off on purpose is stupid. Trial lawyers make a living only because they convince people that they deserve a bunch of money from an accident. The truth is....if you deserve money, you will get it. The only thing a lawyer is going to do is slow down the process and take 1/3 of your settlement.
Then he will tell you "see....you wouldve never gotten that without me".
Just trust your insurance company to do what is right. Lawyers just screw it up
2006-11-06 13:34:48 · answer #9 · answered by davi1033 2 · 1⤊ 2⤋