Expert: Richard Hixenbaugh - 12/16/2009

Question
My fiancé and i were rear ended approximately 6 days ago.My SUV sustained minor damage while the car that hit me had extensive front end damage and both of his airbags deployed. Following the incident my fiancé and I both felt minor aches and pains in our lower back. I did not have my seatbelt on but my fiancé did. I went to see a Dr. the following day a the Dr confirmed that I a had a strained back muscle and prescribed muscle relaxants. My fiancé also went to the dr and was diagnosed with a minor back strain. The guy’s insurance company took all my information and mentioned that there was option where I could settle without going any further. They would pay for the car, our medical bills and offer funds for pain and suffering. My question to you is
1. While my back at the moment feels fine, how much should i pay into the twinges i feel regularly off and on through out the day since the accident?
2. What would be a fair settlement that if offered I should accept? (Given every case is unique), on average what would comparable settlements for similar situations net?
3. At what point should i get an attorney involved? Given the parameters of my case is an attorney necessary?
4. At the moment by back is not hurting, but since the accident I’ve been experiencing sporadic numbness in my hand and fingertips.
5. I did not have my seatbelt on. What role does that play in the settlement?
6. Since the accident my fiancé has felt less pain in her back with each passing day. Does this mean that she is no longer entitled to pain and suffering and potential future ailments stemming from the accident?
If you can provide input to any of the questions here you will be of great help to me. I have never been in an accident before and i hear about all the horror stories that occur when people do not ask the right questions in dealing with legal matters  

Answer
Hi Kev,

The injuries you and your fiance experienced are typical of a minor rear end collision. You may both experience some pain, numbness and or discomfort for 6 to 8 months.

You do not need an attorney for this monor of an injury. Typically you should seek a settlement of at least twice the total cost of your medical bills. So if you have $1,000.00 in medical bills, you coult seek $2,000 to settle. However, you should submit all of your medical bills to thew iunsurance company and see what they offer. it may be a little more. The fact that you were not wearing a seat belt is not good for your case. The insurance company will contend that your injuries were caused b the fact that you were not wearing a seat belt and therefore you caused your own injury for which they are not responsible. So do not push too hard.

I hope this helps
Richard Hixenbaugh