Does this seem like a fair settlement?

Question

Were rear-ended in our car past April (almost totaled the car).
Daughter (16 @ time) and I had whip-lash plus I had a compressed nerve (tingling both hands).
Started chiropractor & massage therapy after healing from seat belt bruising.
Other insurance has paid for all medical bills and car repair.
Released from care and time to settle-- insurance co. is offering us both around $2250. Seem fair? (prefer no lawers involved).

Our medical bills came to around $4000 each.

#1 yes we are finished with treatments
#2 accident happened in missouri

AD-- we were hit while at complete stop. (she was going 45 in 25 zone). popped a tire. They gave us the choice of totaling the car or repairing.

Answer 1

$2250 each, for no permanent injuries? I'd probably take it. But you could also counter offer, and say that you'd settle for $3500 each, see what kind of reaction you get.

Answer 2

I would like to know how much damage there was to your car. "almost totaled" does not help much. I could walk up to a 1982 chevy - kick it in the door and total it.

However, if all your med bills are paid, your injury was soft tissue and has resolved. Then go ahead and settle. There is no reason to wait. Even if something did pop up next year - the insurance company is going to see the 1 year gap in treatment and not cover it.

2250 for each of you above the meds sounds fair based on the little information you have given. If it is the adjusters first offer, they will have room to move - not thousands - but some wiggle room. You could counter at 2750 each and see if they counter you back at 2500 each. Or you may can counter at 2500 each.

Keep in mind- if you hire an attorney- he's going to take 1/3 of your settlement as his fee + expenses. So he would have to get a substantially higher offer to have you end up with more in your pocket then they are already offering. I handle claims with attorneys all the time. An injury is worth what its worth regardless of the attorney. I might pay slightly more b/c of the attorney - but the injured person would end up with more money settling with me directly (esp on a soft tissue case). Although the lawyers like to get on tv and say adjusters are afraid of them....we are not.

Answer 3

If the car damages and medical bills are or will be paid and each of you are getting $2250 I think that is fair.

It appears you had soft tissue injuries with no permanent injuries so if you walk away with no out of pocket expenses and $2250 in your pocket that's pretty good. If I'm right about the injuries and other things being paid it might even be a little high.

Just make sure that the medical bills have been or will be paid over and above the $2250.

Answer 4

First off you are too recent out of this accident to think about settling on anything. As far as what they are offering both of you for an accident that was your fault and you sustained injury, no $2250 is not enough.

Secondly, DO NOT TALK to the insurance company that is trying to settle with you at all. They can use anything that you say to them against you. By talking to them you can jeopardize a lawsuit if you have to bring one against them or their client.

Third, get a lawyer. You have up to three years from the date of the accident to sue. Within this window you will find out if your injuries are soft tissue or something more severe requiring more extensive medical treatment and care. Also, make sure the lawyer you choose is reputable. For doctor visits to your own doctor, you can attend by yourself. If you are required to see a physician at the request of the insurance company, DO NOT GO ALONE! You need to legally represented in the presents of an insurance physician. Someone from you lawyers office needs to be present during your exam. Otherwise it is your word against whatever the insurance physician submits. Don't forget they are not representing your best interests, they are trying to reduce or dismiss any lawsuit that goes against the insurance company.

When you do settle, be sure that included in your settlement is medical care and treatment for life. Very important, because a lot of times your personal health insurance will not nor are they required to cover injuries you sustained in a car accident.

Answer 5

In this state, you are eligible for up to three times your medical bills as "pain and suffering" should you choose to go that route. I personally think pain and suffering in most cases is a bunch of BS, but that's just my opinion. However, you should at least receive enough to reimburse you for any missed work days, travel to/from doctors visits, etc. These are expense people don't really take into consideration.

Usually when insurance companies offer you a settlement for over and above actual damages, they are doing so because they know you can sue them for much more.

Answer 6

Are you sure you're finished with treatment? If not, I wouldn't settle yet. You could end up with a lot more medical bills, and then you'll be responsible for them. The $2,250 per person MIGHT not cover the outstanding bills.

If you're done with treatment, then I'd go ahead and settle. It seems fair to me, especially when all your other bills are paid.

Answer 7

NO, get a lawyer. Unless you need the money right now. The lawyer may be able to double that. Consultation is free. at least talk to one. pain and suffering payments should be in the 4000 range.

Answer 8

Geeze! Yes.