AUTO Accident how much should I settle out for? Myself and two children were in the car and a man in a Ford...
Question:
2 Questions:
my disabled son didnt complain of pain should I request pain and suffering for him? too
How much should I settle out for with the Insurance
company ,for me and my daughter that were injured?
The adjuster said he was only going 2-3 mph,but we still got jerked around.
Answer:
Zero dollars.
It's an accident, he didn't do anything malicious, leave the guy alone. If you're son didn't have problems, why would to fabricate a story, to get more money?
You're sore, as traffic investigators, we call that "complaint of pain" and don't even consider it to be a real injury. Did you make a police report? Was the officer trying to tell you there wasn't sufficient damage for a report to be taken?
Let it go, let the guy keep the money he earns, it's an accident.
If this was a recent accident, you need to wait to be sure your injuries get better. Often back and neck injuries will not get better, especially in adults. If he was only going 2-3 mph, the chance of permanent injury is very slim, but it's best to wait to be sure. Don't settle for anything until you and you children are OK. Find out what your time limit is. In some states, it's 2 years from the date of the accident.
Tort reform has made it difficult to get pain and suffering. You're probably best off settling for the amount you are out exactly, including property damage, lost wages, and medical bills.
Please, get a lawyer. No other way to secureyour just compenastion. Most will only take payment from the settlement you secure.
Do you really think you should be demanding money for being a little sore? Don't ever complain about the price of insurance.
First of all, if your son wasn't hurt, don't ask for damages!! Sorry you were hurt but your accident was not serious. If you had medical expenses, car repairs, etc., ask for recovery of those costs. Then, find out how much his liability coverage is to get an idea of what you might expect. I don't recommend you ask for more than what he's covered for. You won't get it, and he doesn't deserve to loose his house, etc.
Call a lawyer. There's a million of them looking for cases like yours.
Should I sue the gym because ddang it I get SORE after using their equipment.
Get an attorney. You don't mention whether you went to the doctor or not, if not don't expect to get much. Usually with an attorney you can recover 2 to 2-1/2 times your medical bills, but without an attorney be prepared for them to only offer to cover your expenses.
Did you seek medical treatment? If not, you should. There is not a big hurry to settle. (The adjuster will want you to hurry, but you have rights) Everyone who is sore, go to the dr. Seek as much treatment as necessary. Once all of that is finished, you should be getting a settlement of 3 times your medical bills. (Add any costs as well-which will include: medical records fees from drs. mileage to and from the drs, and anything else you would not have had to pay for if this did not occur) Also, if this person has minimal coverage, and it will not cover all of the bills, you have your own insurance (hopefully) and if you have UNDERinsured coverage, you may have to also make a claim on your insurance to cover what is not covered on this person's insurance.
LASTLY, BUT MOST IMPORTANTLY, the adjuster is in the business of giving you the least amount of money as possible. Tell the adjuster that you will be seeking medical care and when you are all finished with that care you will discuss settling the claim AND NO TIME PRIOR.
(I have had multiple car accidents and had to deal with this over and over)
If this person starts to bully you, realize that you are the boss and not them. Tell them that you will be treated for injuries and it doesn't matter how fast or slow the car was going. ALSO very important, do not answer questions of the adjuster, such as giving an over the phone or on paper account of what happened, you do not have to. I would also contact my insurance company and explain the situation, and if you have a good rapport with your agent, he or she can give you pointers as well.
Pain and suffering are awards made by the court on proof that pain exists. In your scenario, it is highly unlikely that you were injured or, absent further information, that you can recover for pain and suffering in excess of a nominal amount.
Also, be very careful. If you do demand such, the insurance company is likely to just let the case go to either the insurance commission or to trial where you will be required to provide the court with proof that you suffered 'damages'.
If you were in my office, I would strongly suggest that you seek only property damages and medical examination costs with a contingency for medical treatment should it be advisable from consultation with the physician.
More would be borderline extortion.
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