Are there guidelines for settlements in auto accidents? My car was totaled, I was not seriously but hurt...??
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Injury settlements are more of an art than a science. So much of it depends on the individual situation. To start with, location is important. Jackson, MS is truly the armpit of the country. Juries there believe that insurance is a lottery. Other areas are less willing to give large verdicts.
The circumstances surrounding the accident also play a role. If there was a major impact (which it seems to be), it seems likely that there was an injury. Minor vehicle damage tends to reduce the belief in major personal injuries. Also, was the at fault party DUI, etc? That really increases the value.
While it shouldn't matter, the personal appearances and personalities of the parties does come into play. If you have a likable old lady, it increases the value. A nasty old fart, lessens the value.
Loss wages and potential for decreased earnings add to the value. Medical and therapy bills are usually covered, and can increase the value of the claim. However, too many diagnostic tests will look like you are trying to build a claim.
Finally, how long you were injured, and what your prognosis (future medical condition) can increase or decrease your settlement. If you are going to have ongoing treatment, it might increase the value. If you have reached MMI (maximum medical improvement) without ongoing issues, it would lessen the value.
As for the things that you missed while injured, I'm sure that it really was disappointing, and you should let them know, but it really won't increase the value of your claim much. If you had tickets or something that you couldn't use, you should add that value to the claim.
You will hear many people say to hire an attorney. (It is actually funny, but adjusters like when people hire attorneys. The money doesn't come out of their pockets, and it really decreases their workloads.) I'm not going to tell you to hire or not hire an attorney. Just realize what you are doing when you hire one. You are going to pay the a large portion of your settlement, and the money does come out of your settlement. Usually it is 33% of the total amount, plus expenses. (Remember, you will also be paying a large portion to pay medical bills.) If you are able to handle business matters without getting frustrated, and are use to dealing with negotiations, then you might want to consider handling it yourself. If you don't like business dealings, or you have a major injury with future issues, then hiring an attorney could be worth it.
Sorry I can't provide you with a figure to settle on, or how to arrive at one. Insurance companies have spent millions on computer programs to try to figure out how much to offer, but haven't seen much success. Many people will tell you that is is a factor of your special damages (the amount of your bills), such as 3 times or 5 times. That isn't true either. Anyone here that tells you they can without more specific information is not giving you good information.
I hope that your treatment resolves your injury. And good luck with your settlement.
There are no hard and fast guidelines for auto settlements.
Some states don't allow pain and suffering settlements at all, some allow you to "opt out" of pain and suffering for a reduced premium. So you'll have to ask your agent if it's even possible for a p&s settlement.
Normally, a settlement would cover medical bills, and future costs for permanent disabilities, lost wages, etc. When you have "soft tissue injuries", well, you can get them around the house (don't ASK me about tripping over laundry baskets!) and they are MUCH harder to collect under.
Missing a trip, missing your summer . . .that's a harder thing to collect for. You could still likely go .. . even if you were uncomfortable during the flight.
Also, it does matter how long it's been - if it's been less than a month, well, that's not much healing time.
If you demand a large settlement, the insurance company will be requesting your medical records/history, to see if you've had these problems before
Lastly, the insurance company is NEVER going to pay more than the policy limits that the other guy carried. So if you won't accept an offer at policy limits (and they don't have to tell you it's policy limits), you have to sue the other guy, and if/when you win, the company STILL doesn't pay more than policy limits - you have to go after the other guy personally for the difference. It just drags it out an extra 2-3 years.
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