Not at fault auto accident?

Question

I was involved in a car accident a couple of weeks ago that was the other person's fault. I really do not want to hire an attorney but I do not want to get screwed on my medical settlement either. In general, what should I expect to get for the medical portion. I have heard 3 times your expenses (to allow for pain & suffering, inconvience, etc). Is that usually true? Also, I've had people tell me that my insurance company should be dealing with the other person's insurance company for me. Yes? Is that the best way?

Thanks for the answers! I don't expect to get a huge amount but I just have no idea what to expect. I'm mostly just trying to figure out how I will know if they are offering me a fair settlement. There was never any indication from my insurance company that they would help me deal with this (other then "if you don't think what they offer is fair, call us and we can tell you if we think it's fair"). Thanks again for the responses.

So can anyone give me some guidance on how to know if it's a fair settlement or not?

Answer 1

Yes, that is true, you're insurance company should be dealing with them...they already have attorneys for that. Because if the other company doesnt pay, you're company would have to pick up the bills. Good luck and feel better.

Answer 2

There is no set settlement percentage made to anyone injuried in an accident. There are provisions to pay for pain and suffering but don't get the idea you are about to hit the lottery. Unless you have suffered some major injuries and will require serious treatments and additional rehab, surgery, etc. your settlement will be minimal. Your best bet is to attempt to work WITH the claims team vs a combative position. You will get much farther keeping a reasonable demand figure and a cool head. Always use a lawyer as a last, LAST resort. Despite what they say on late night local television they cannot get you ten times the settlement offer, they cannot bring the insurance company to their knees (believe me, they are NOT afraid of any two-bit lawyer) and they will ALWAYS get their portion of money. You are nothing more than an insect to a lawyer and that is exactly how you will be treated. So stay calm, hope for the best and give it your best shot. You can always lawyer-up if all else fails.

Answer 3

I have policyholders ask me this all the time. Your insurance isn't going to offer you any type of advice on how to settle a bodily injury claim with the other carrier. Your insurance will only help pursue the funds they have had to pay out, no more. A BI settlement is relatively subjective, and giving you advice could be misconstrued as legal advice, which insurance co's do not give. You have to understand that they are only going to get involved if they have money at stake. It's not like they don't want to help you, but they have bigger fish to fry like taking care of folks using their coverages for accidents and going after the money they are due.

That having been said, it sounds like your injuries were relatively minor since you haven't mentioned anything about lost wages or broken bones. If that's the case, your injuries are called "soft tissue," and again, they are subjective. A soft tissue injury usually doesn't warrant more than 12 weeks of treatment, plus of course the bills on the day of the accident if you wound up going to the ER. While there is not standardized formula to pay out, I see injuries under 1k being offered with a couple hundred bucks more. Injuries over 1k, perhaps double. I have never seen a soft tissue injury settlement for a minor injury be more than double the amount of the total $$ for the medical bills.

You are due what is fair, no more. If you honestly don't feel you are being compensated fairly, you have to come up with reasons why (I missed work xxx days, at $$$/hour). Be prepared to present paperwork that supports your claim. Above all, please don't hire an attorney. All he's good for is taking 1/3 plus fees of anything you were going to get in the first place.

Best of luck, and I'm glad, generally speaking, that you're ok!

Answer 4

Yes, your insurance company will deal with this for you. You just need to tell them what is going on. This will not effect your rates or hurt you. Don't hire an attorney until you are convinced that they aren't going to take care of you the way you want them to. Attorneys will take a large part of the settlement and it will normally take a lot longer to get your money.

Answer 5

A few years ago, I was in an accident and recieved a little less than the medical expenses ($20,000). I handled everything myself.

Early last year, I was in another accident and this time I have an attorney because the guy that hit me didn't have insurance, was drunk and fled the scene. We're still waiting to settle on the medical.

Good luck!

Answer 6

First, how can this be a four-way stop when there is a flashing yellow light involved? Second, why would the northbound lane have a flashing red light while the southbound lane has a flashing yellow light? Third, I don't understand why one of the left-turning drivers waved the other left-turning driver through; they should both be able to turn left at the same time*. Because the southbound driver has a flashing yellow light (and the northbound driver does not, which doesn't make sense), he has no business stopping and waving anybody through. It is this kind of "courtesy" that is the bane of traffice engineers and police. Follow the traffic control signals and signs. Do not break the rules just to be nice. Because, in the end, it turns out not to be a nice act to begin with. What we have here is: (1) An incomplete description of the intersection (you say it's a four-way stop, but your description contradicts that) (2) A motorist who has improperly begun his turn without finishing it; you don't begin to turn until you are going to finish the turn (3) A motorist who has unwisely decided to be courteous to another driver, creating a dangerous situation (4) Another motorist who accepted the courtesy without following the rules of the road and then failed to notice the third motorist (5) Another motorist who wasn't paying attention to what was going on and decided to pass and go through the intersection No traffic citations would probably be given in this scenario (again, based on the incomplete and contradictory description). But in the end, it's the fault of the driver who waved the second driver through and of the second driver who decided to take advantage of the courtesy. If these two drivers had followed the lights, none of this would have happened. But again, your description of the intersection doesn't make any sense.

Answer 7

What medical portion? Did you sprain your wrist, or break an arm, or what? Have you missed work due to injury? And what kind of claim is "inconvenience"? Is your car written off, or is your bumper bent? Are you trying to get rich off this, or just reimbursed for actual loss? You have given no information that can be used to give you credible advice.

Answer 8

You will probably need a lawyer some time or another in the process. It may be provided by your insurance, or you may have to hire one. If you do, when you win the suit the lawyer will be paid out of the winnings.

Answer 9

when i had my wreck with a guy who worked for the state, i got about 2800 for my car(cuz he totalled it)i got a citation for no insurance, i got i think bout 2500 for medical and about 2500 for pain and suffering.