So the night of Feb 2' 2007 I was hit by a drunk driver. She was arrested at the scene. Me and my boyfriend both went to the hospital directly after leaving the scene, and basically bruised and battered. Her insurance is offering to pay all our medical expenses plus one thousand dollars to each of us.
Is this reasonable? I have never had to deal with a situation like this. My car is totaled, but she said the thousand dollars to each of us, does not include the damage to my car. Are they treating me fair, or should I hold off on accepting the deal?
2007-02-08 10:13:58 · 11 answers · asked by APIDLady 2 in Politics & Government ➔ Law & Ethics
We were sitting at a redlight when she tboned us. She hit us on the back driverside quarter panel. There was a witness who had been following her for some time trying to get her tag number cause she had been in and out of traffic. The witness said she never hit her breaks. The whole back end of my car is gone.
2007-02-08 10:33:29 · update #1
Don't deal with the other insurance company alone. Take the paperwork to your insurance company AND to an attorney. One of them should be able to sit down and look at what they are offering and determine if you are sufficiently protected.
Read the fine print thoroughly, and clarify anything that you don't understand. And don't rush. You have time.
But don't sign anything no matter how much they pressure you until you have some advice from a professional who would be responsible to protect your interests.
2007-02-08 10:40:34 · answer #1 · answered by bai.mingsheng 2 · 0⤊ 1⤋
GET A LAWYER!!!!
The insurance company has tons of liability (exposure to pay you $$$$) because their policyholder was drunk, your car was damaged, and you were injured.
I'm not a lawyer, but I can tell you the insurance company is responsible for payment, at a bare minimum, to pay your medical bills, your loss wages, your loss income (if you missed work), pain and suffering, and the damages to your car, plus other things that can crop up! There is no way $1,000 will cover all of that...
You must have an attorney to help you sort through all your rights. The insurance company DOES NOT represent you. If you were charged with Murder, you wouldn't go to Court without an attorney would you? Don't try to represent yourself. Please get a lawyer.
An attorney would probably agree to represent you on a contingency fee basis (he/she would get a percentage of the amount recovered) - You don't pay if you don't recover any money. If you find an attorney you like, you can ask them to guarantee you the first $1,000 of the recovery and then split anything after that...that way you know you aren't out anything for getting an attorney. I'm sure an attorney would jump at the chance to represent you...
If you don't want to hire a lawyer to represent you, you MUST have a lawyer look over any papers the insurance company gives you to sign (this should only cost $50-$100). Make the insurance company cover this cost. The insurance company has no motivation to protect your rights, only to pay the least amount of money on the claim that they possibly can and guess what that means for you...
And just a word of warning, just because you are feeling pretty good now doesn't mean that you haven't suffered an injury that will show up 6 months from now. If you get an attorney, it will allow you extra time to determine if you have long term injuries from the accident.
GOOD LUCK, GET AN ATTORNEY
2007-02-08 10:30:23 · answer #2 · answered by vbrink 4 · 1⤊ 0⤋
See a lawyer. Talk to your own insurance company. I wouldn't settle until after she goes to court. Your car should be fixed by her insurance company. Depending on where you live you have time to determine what is right for settlement. Also, you still have the right to counter the offer. And make sure any offer you accept is in writing. Do not cash any check that says "in full settlement". Your insurance company should be able to give you advice but an attorney might be worth the investment and hit them up for the fees to pay the attorney while you're at it.
2007-02-08 10:23:05 · answer #3 · answered by MH/Citizens Protecting Rights! 5 · 1⤊ 0⤋
I Would Not except the offer if I was in your shoes. The insurance companies want to pay the least amount of money possible, even if they know you deserve more. You should contact a lawyer and at the very least get their opinion. Most lawyers offer the first consultation for free. I would say they should pay for medical bills; a replacement car and a little extra for the inconvenience. Hope this was helpful. Good luck.
2007-02-08 10:53:20 · answer #4 · answered by Deidre R 2 · 1⤊ 0⤋
They are trying to make a quick settlement. I was a claims adjuster for 7 yrs and settled many injury claims. The fact that she was intoxicated and totaled your vehicle is very damaging to her and her insurance company. Based on the little bit of info you gave, I would have to say that $1000 is a very low offer. Are you and youir b/f still treating for your injuries? Will there be future treatment? What about the effect it has had on your life. The offer needs to be much higher. The damage to your vehicle is handled separately from your injury. Settle the vehicle claim before settling the injury claim. You may need to speak to a personal injury lawyer but remember they will take at least 1/3 of final settlement plus expenses. Good luck.
2007-02-08 10:22:24 · answer #5 · answered by cinsingl83 3 · 1⤊ 0⤋
Never take an insurance offer. You may have some issues in the future as a result of this accident and you will be screwed. Get an attorney and have them settle for you. Make the insurance company pay for your attorney fee.
2007-02-08 10:22:25 · answer #6 · answered by Summer 5 · 1⤊ 0⤋
never take the first offer of a settlement... never. The insurance company is low balling you intentionally, just to see if you are dumb enough to accept.
Refuse the settlement offer, and tell the insurance company not to contact you until you retain an attorney. Minumum settlement should be 10,000, not including medical expenses and damages to your car.
2007-02-08 10:19:04 · answer #7 · answered by Jack Chedeville 6 · 0⤊ 0⤋
hold off. there is a bigger reason for this offer, like a dui record, or violation of probation. I would make em sweat. Get the blue book value for your car, period. Don't settle for fixing a totaled car. Whether or not you total it should be ur call. And for the hush money, get the dr. bills and 2500.00 a piece. then go down no lower than 1500.00 for the xtra.
2007-02-08 10:23:03 · answer #8 · answered by porchpup552003 2 · 1⤊ 0⤋
i would say that 1000 dollars looks generous to me.. and i think that's what the insurance company may be counting on.. entitcing enough to make you accept with little chance of you taking them to court. get some legal advice.. way too many people are answering here for any of it to be worth while without a similar case file to reference. besides, if you pay 100 dollars for a half hour of a lawyers time you might be making yourself thousands.
2007-02-08 10:20:11 · answer #9 · answered by Max R 2 · 0⤊ 1⤋
Tell them all bills paid, new car, and 10k a piece. they will probably take that offer, because you could almost 4 sure get more in court, but you wouldn't want to be a sue happy liberal right?. Sounds like you are still healthy so feel blessed for that.
2007-02-08 10:18:30 · answer #10 · answered by anti-lib 2 · 0⤊ 1⤋