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Auto Insurance Claims/auto pedestrian accident


I was walking down the SIDEWALK when a car went over a concrete barrier (about curb size) from a parking lot and hit me. My head was cut open they put a staple in it, my brain was bleeding a little bit and my nec?k was injured. Any idea how much would I get from a settlement?

 Hello Tawnya,

You clearly have suffered a serious injury.  How much for a settlement?

First you would need to know what the Bodily Injury Liability limits are for the at-fault driver. Assume they are low, such as $10,000.  Would you be entitled to the full amount of those limits? From what you have told me, probably.  Could you get those limits on your own without the help of an attorney?  Probably not.

I am asked this question regularly and my answer remains the same.  Unless the insurance company is offering you the limits - which is unlikely - you need to enlist the services of a skilled personal injury attorney.

The process of determining your actual loss is a complicated endeavor.  It depends on many variables such as your pain and suffering, how the injury will affect you for life, your age, your earnings, your earning potential, your dependents, just to name a few.  In my opinion, even though an attorney takes a percentage of your settlement,(usually around 30% if the case does not go to trial) with an attorney you are likely to receive a much more equitable settlement than you could ever hope to obtain on your own.

Look for an experienced and reputable personal injury.  And make certain that you find an attorney who has courtroom experience.  As an insurance person, I would not recommend a firm that "only" settles.  Insurance adjusters are familiar with law firms.  One that routine settles without any threat of litigation is given less "respect" than those who are willing to take the case to trial.

You can start your search online. Also contact your state Bar.  Some will provide referrals. And by the way, you don't pay by the hour. Personal injury attorneys take a percentage of your settlement.

Sorry for your loss.  I wish you well, and good luck.

Jane Pytel  

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Jane Pytel


I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.


12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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