how are the amounts of money determined in settlements in an auto accident?

Question

I was in a accident, with neck pain, visits to a chiropractor for my back ect. When I meet with the agent, how do they / I figure what the settlement should be?

Answer 1

There are no set standards. This is negotiated by the parties, and depends on the individual situation. They will take into consideration your actual loss, and projected loss, along with the actual expenses.

I would suggest you not settle until the neck pain is diagnosed and treated. Once you agree to a settlement, you can not go back if your neck requires addtional treatment.

Answer 2

It depends. They will obviously consider the nature and extent of the injury; any past lost wages (due to the accident, dr. appts, etc.); any future loss of earnings (due to future dr. appts, therapy, etc.); any extenuating circumstances (i.e., were you struck by a drunk driver); and property damage. If you're not happy with the amount offered, counter-offer back and forth until you reach a number you can live with.

Remember that most people have limits on their insurance coverage (i.e., $15,000 bodily injury coverage per person or $30,000 per incident) so there may be limitations on what they can offer to pay you.

If your damages exceed the policy limits or you simply can't work it out, there's always litigation---but if your damages are relatively minor, you may end up spending more time and money trying to litigate and ultimately end up with the same money you would have gotten in the first place. But it's an option.

Good luck.

Answer 3

I honestly cannot imagine getting a huge settlement for a broken pinky. Anyway, the rule of thumb is 3xs the "specials" (medical bills, lost wages, etc.). You'll need proof in writing from the company that offered you a job, you will also have to reimburse the insurance company that paid your medical bills. Good Luck.

Answer 4

Medical expenses, type of injury, amount of pain, lost wages, disfigurement, permanency, liability are all factors.