AboutAnne Expertise Auto insurance claims regarding vehicle accidents, insurance coverages, auto policies, bodily injury claims, pain and suffering, injury settlements and negotiations.
Experience I am an adjuster for injury claims and property damage claims for over 5 years (still working there). I have worked for personal injury attorneys helping consumers get a fair treatment and I am passionate to help others with their vehicle accidents.
Education/Credentials B.A. Economics/ Political Science
Awards and Honors I was the top settling claims adjuster at the Insurance Company that I worked for.
I am the co writer of http://www.auto-insurance-claim-advice.com a website dedicated to help consumers document their auto claims and navigate the complex claim process.
Question thank you for taking my question
I was in an accident about an year ago in
which I thought I was going to literally die.
I was hit in front by an oncoming car that
crossed over the middle yellow line in a
highway. The car was completely totaled and
at that time I was taken to a hospital and
received c-scan and medical evaluation.
Afterward I received treatment from a
chiropractor for the pain in the neck and the
back. I had retained a lawyer and I finally
heard from him that the other driver's
insurance company made an offer of 10,000$
(the lawyer would take 1/3 of this). Although I
am not in great deal of pain, standing straight
for a long period of time is somewhat difficult
still although the chiroprctor thinks that no
further treatment is needed. Does this
settlement sound fair to you? My thinking is
that I would rather received a smaller or no
cash settlement in lieu of making the other
driver's insurance company pay for all my
future medical expenses caused by this
accident. Is this feasible?
Thank
Answer Hello Bob,
I am sorry to hear about your accident. I really do hope you are okay now (or that you will recover to 100%). You are asking if this is the settlement offer is fair. It is very difficult to determine because I do not have all your medical bills and records in front of me. Settlements really depend on what the records say, so it is difficult. Usually, your lawyer will be the best person to answer this since she must have all the documents already.
However, I think you need to evaluate whether you will be back to the condition you were before for $10,000. If you believe this injury will hurt you on the long run (like standing and/or working for a long period of time) then you probably will need more money that that.
The fact that you thought almost die will not add value to your claim unless you were put in a comma or a similar situation.
Remember that the lawyer will take 1/3 but of what? The $10,000 offer from and insurance company usually is to pay ALL your expenses, therefore, they will pay, but the lawyer must pay the medical bills from that money. If you have an outstanding bill of $2,000, and you settle for 10K, the lawyer will have to pay 2k, and 8 would be left.
However, also keep on mind that some lawyer will take their fees from the top of the settlement, meaning that if the settlement is 10K, the will take 3K regardless of medical bills or what you have left. So if you have a $2K bill, they will first pay themselves 3K (30% of 10K), then pay the bill for (2K) and give you what ever is left (5K) or 50% of what your settlement was.
Do make sure you know exactly what you are getting to your pocket so you do not have any surprises later on.
