I was not at fault for the accident and my car was totalled but they gave me less than my car was worth so i wanted to make up for it with the pain and suffering check that i am to receive. how can i get this back together.
2007-02-22 03:45:37 · 8 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
First off, these are two different elements.
a) Property damage: You are entitled to be made whole. That means that you are entitled to receive the reasonable value of your car 'just before' the crash. If you were offered less, why did you settle? If you have not signed off on that you should pursue that matter.
b) P&S: You simply can not say 'I had $5,000 worth of P & S and I want a few extra grand because you screwed me on my car's value'.
You are likely entitled to receive compensation for lost wages, medical expenses, incidental expenses (car rentals, attorneys, etc..).
Your pain comensation will be based on factors like how many days you were in pain and to what level. This will be bolstered by your medical reports or testimony.
The insurance company will make you an OFFER - just like they did with your car. You do not have to accept it.
If you do not accept it, they may raise the offer or stand on it.
Eventually you will both either compromise or you will need to take the matter to court by suing the person that hit you (not the insurance company). For that you will likely need a lawyer and you can generally get free consultations to determine what the viability of that option is.
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2007-02-22 03:58:16 · answer #1 · answered by ca_surveyor 7 · 0⤊ 0⤋
You can get a minimum of $10.000.00 for you're pain and suffering, maybe even more. Do NOT SIGN any release forms. Between you and your ins. co. you need to work together so you can get settlement for another car from Ladies ins.and yours. I hope you filed or received a police report.Her ins. co. wants to get out as cheap as possible. Also remember that if you hurt your back can last the rest of your life. Remember if you get an attorney he'll want thirty three %.of what you receive.Plus you can collect for time out of work for both of you. Be strong and fight for every nickle you can get. From experience I got rear ended at stop light back in the 60's and didn't know any better, my wife was 24 and hit the windshield with her head and now at 66 still has back/neck problems and we ended up getting screwed by ins. co. So be very hard nosed and collect what's due you. Hope you see my point and don't ever feel guilty it wasn't your fault. They also need to pay all medical expenses. Hoping you get better soon but not too soon if you get my drift.
2016-05-23 23:06:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Ahh... "Pain and suffering"... someone has seen to many lawyer tv shows.
You are owed nothing more then medical expenses and lost wages unless you are permenantly injured. That being said.. im sure your just have "whiplash" or something and are going to be fine in a week. You MAY and a big emphasis on MAY get a thousand bucks or so extra for "inconvenience" but i hope you arent planning on a big settlement.
PS... you got what your car is worth. Its not their fault you paid to much for it.
2007-02-22 04:05:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you have already accepted the settlement on the car, then you have nothing to claim. You settled early,now there is no recourse. If you claim they gave you less than your car was worth,why did you accept it? If you had any add ons such as, tires/rims/stereo with speakers, these all increase the value,unless you are keeping them for yourself. If you paid more for your car then it was worth, well, that is your problem.
2007-02-22 06:26:28 · answer #4 · answered by fisherwoman 6 · 0⤊ 0⤋
You wanna get the most out of your pain and suffering? Sounds like you're well on your way to becoming a Masochist! Good for You!
2007-02-22 03:55:30 · answer #5 · answered by April Mayhem 3 · 0⤊ 0⤋
getting the most from pain and suffering......another reason car insurance rates are so high. who do you think the insurance companies pass all those costs to?
2007-02-22 03:57:33 · answer #6 · answered by mj 2 · 0⤊ 0⤋
Be in pain and suffer.
If you aren't doing either, then you shouldn't ask for a check for it. It's dishonest, unethical, immoral, and fraudulent.
If you ARE doing one or both, then you might want to get a lawyer, if you haven't already.
2007-02-22 03:53:51 · answer #7 · answered by Brian L 7 · 0⤊ 0⤋
see an attorney and hire him/her on commision, but hourly.
2007-02-22 03:52:56 · answer #8 · answered by TJTB 7 · 0⤊ 0⤋