how do you know if the settlement is fair for an auto accident claim when you are not at fault?

by admin on September 15, 2010

I was in a car accident in October. A lady was arguing with her son and rear ended me at 40 mph. I sustained neck, back, and shoulder injuries. I still have pain in my shoulder that the dr. feels will most likely never be corrected. The insurance co I am dealing with says I deserve no compensation for pain and suffering and their offer is not even enough to cover what it cost me in medical bills, time off work, and dropping class at school. I have never been in an accident before and I don’t know how this works. Do you know what an appropriate settlement would be or how to figure out how much it should be? PLEASE HELP.
If you are a lawyer or have been in an accident and can help through personal experience that would be great.

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ws9448 September 15, 2010 at 7:02 pm

Do you have insurance? I would suggest talking to your current carrier about what kind of coverages you have on your own policy. If you have the coverage than deal with your carrier and let them handle the other company. Usually your own company will work for/with you. And they will want to re-coup their $, so they will go after the other carrier.
If you do not carry enough medpay coverage, you might think about hiring a lawyer. Do you know what the limits of their policy are? If they have low/state minimum, there just may not be enough coverage there to pay you…then you would have to get into your own under-insured coverage.

Bandit September 15, 2010 at 7:02 pm

You need to speak to a personal injury attorney. They offer a free first consultation and generally take 1/3 of your settlement. Fight this. The insurance company has a bevy of lawyers to keep from paying out anything at all. It is well above the ability of the average person to receive everything they are entitled to with legal help.

Todd C September 15, 2010 at 7:02 pm

It matters greatly what state the accident happen in as PIP laws may apply. Also, there is not way to tell what settlement should be without reviewing all your medical records, knowing the true extent of your injury, knowing prior medical history, etc.

entidtil September 15, 2010 at 7:02 pm

If you had auto insurance at the time of the accident, ask them if they can help you. If they can’t or won’t help, tell the other insurance company their offer is too low and tell them if they won’t pay you more, you will have to get a lawyer and sue the lady and them. Then DO get a lawyer and sue the lady and them. You will most likely win if/but your injuries must be documented by your Doctor(s)

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