I was recently involved in a car accident, and the other driver was drunk. I ha d a new 07 Eclipse that was totaled, and my wife was sent to the hospital with a few bumps, minor whiplash and a knee strain that put her on crutches for a few days. The next day we were went to Las Vegas on a planned trip and couldn't do much the first few days due to my wife being on crutches. The other guys insurance company offered us $1,000 dollars to settle. My insurance only covered $20,000 of my car that costed me 25,000. Should I take this settlement or am I entitled to more. ( I have contacted lawyers but for the fee I would have to pay its really not worth hiring one) I am also a 100% disabled veteran who just got out of the hospital less than a year ago and this is the last thing I needed. What do you think?
2007-07-17 09:53:47 · 5 answers · asked by advarky 1 in Politics & Government ➔ Law & Ethics
(I was stopped at a red light when the guy rear ended me at 45mph+)
2007-07-17 09:56:32 · update #1
do not take the $1,000
this is considered a "nuisance amount" to make you go away. once you take it and sign the doc - you have signed away all your rights with respect to this accident.
this is a personal injury case and those lawyers work on contingency...so hire one...he will get you the best amount $$$ and get them to pay the medical and anything else with the car....it will be worth it.
good luck
2007-07-17 10:04:55 · answer #1 · answered by Blue October 6 · 2⤊ 0⤋
I don't think you should take it or at least you should negotiate. Have you filed a complaint? If the other party was drunk, he can't win. You should at least recover your out of pocket expenses, $5,000. You may be able to get more with an attorney, but it sounds like you don't want to go through the stress of litigation. Maybe you should see an attorney to find out if your walk away share through a contingency agreement would be more than you could obtain yourself through negotiation. You should counter offer before you take the $1000. Try an offer to settle of $10,000 (5,000 for your expenses and 5,000 pain and suffering). The info about your vacation isn't really a bargaining chip, but the insurance company knows they have a bad defendant here and a sympathetic plaintiff, so they'll want to throw some more money at you to avoid a lawsuit.
2007-07-17 10:03:10 · answer #2 · answered by Tara P 5 · 0⤊ 0⤋
You were apparently not injured, but your wife has an injury claim. (You might have a derivative claim.) Questions are: amount of medical bills to date? Diagnoses? Continuing treatment? Loss of earnings/disability? Transported to hospital by ambulance? (In L.A., ambulance bills are now commonly $1,000.) Your description suggests that her injuries were minor and quickly resolved, but, on the other hand, an ambulance, a hospital visit, and crutches, etc., are not trivial per se. Has she received any subsequent treatment? Consult a personal injury attorney.
2007-07-17 23:36:38 · answer #3 · answered by MALIBU CANYON 4 · 0⤊ 0⤋
You can still find an attorney who will take this case on a contingency basis -- that means he or she doesn't get paid until you do. That would be the best way to handle this case, and they will fight to get you what you deserve. The other guy's insurance company is trying to screw you out of money you are legitimately owed, and they might get away with it, unless you get an attorney who can play hardball with them.
2007-07-17 11:07:46 · answer #4 · answered by Hillary 6 · 0⤊ 0⤋
You can do your own evaluation of what your car is worth. Try www.edmunds.com. Be sure to add in sales tax and title transfer expenses. Your claim is what it will cost you to buy a similar used car.
If your wife was injured, wait until she heals up completely. You can make a demand for settlement in any amount you wish.
2007-07-17 10:01:22 · answer #5 · answered by regerugged 7 · 0⤊ 0⤋