I was in a car accident (wasnt my fault) i was injured how do i go about recieving a decent settlement?

Jifr

Ouch. Sorry you were so banged up!

Usually, personal injury attorneys are nothing more than 'middle men'. They do the talking for you - but they don't make ANY decisions. You do.

If the insurance company makes an offer to the attorney...the attorney HAS TO turn around and tell you about the offer. They can make recommedendations about what to do....but they do not make the decisions. Period.

Now - certainly you're capable of talking for yourself and certainly you're able to decide what you think is FAIR.

The insurance company owes you what is FAIR.

Treating just to increase your medical bills is a common scheme in injury claims. It can REALLY backfire on you -especially if you treat outside of the recommended treatment guidelines for your injury.

Regardless of if the other person was at fault or not - they DO NOT OWE for excessive treatment. Period.

They owe for Usual and Customary treatment.

There are injury guidelines that should be adhered to. You physician will know those guidelines.

So - can you follow-up on the claim on your own? Certainly.

Attorneys usually charge a minimum of 1/3 of your settlement PLUS EXPENSES!!!!!!!!! (Watch out for that! People don't realize that attorneys charge for every telephone call they make, every medical bill they order, every copy they make....all that stuff can add up and really put a dent in your settlement!)

Anyway - first things first...you have to get better. The insurance company is not going to pay any bills until you are ready to settle.

Talk about P&S comes in when you are done treating. My recommendation is that you DO NOT settle until you are done treating.

I could go on but....hopefully that answers your question for now.

Good luck!

~jifr!

organbuilder272

Possibly you should retain an attorney. Get a good one or the insurance company will run you over. You may also wait a bit and see what the insurance company offers. It is of little use in running up medical bills. Never mind what you heard. That is unfounded rumor. they should offer you retail book value for your car. You can get that from a dealer. Not the trade in value but what you would have to pay for it from a dealer.

As for your bills. All medical expenses should be paid. Also lost wages from work in total. This is tax deductable, by the way.

Pain and suffering.... well, how much money will make the pain go away - 2 or 3 trillion. Forget it. Get your out of pocket losses taken care of and then they may well be reasonable in any other offer. If they get stubborn, then get a Very Good Attorney. He will tak it on a contingincy fee. That is he will take from 25 to 50% of what he gets for you.

Now - you have to balance what they offer - that you would put in your pocket, and what the lawyer may get and what is left after he takes his fee. He may get a higher award but after his cut you may wind up with less money. Consider wisely. Once you retain his services you are committed to the outcome.

In all you negotiations with the insurance company, be firm, be reasonable. Make sure you documents all your lost wages and all medical expenses. Get a doctors report. the insurance company may want their doctor to examine you. This you must do otherwise they will deny all but a basic award.

Remember. Don't commit to anything, no matter how reasonable, until you have seriously considered your position. their final offer will get higher if you threaten court action. But, remember that if you make the threat and they call your bluff, you will have to go through with it or they will vastly reduce their offer.

This is a game. You are the mouse and they are the cat.

Cabhammer

You should have been talking to a lawyer LONG before you were talking to the other persons insurance company. Sign NOTHING without your lawyer reviewing it. It may be too later already, by taking anythinf from them at all you may have severely limited what you can get in court.

Deuce

Their insurance company will pay your property damage (vehicle) and medical expenses as well as other liability. You may want to hire an attorney; it's impossible to say how much the fees will be. You need a reputable personal injury attorney.

oklatom

Pain and suffering is one of those slippery terms that has no real definition. Each case for pain and suffering is heard on its own merit, and has nothing to do with how high your medical bills are. If someone tells you there is a formula which is 3 times your medical, that immediately tells you the person is believing urban legend and has no idea what the real answer is.

They are about right on the offer for the car, you might, depending on prices in your area, get them up a little, maybe $250 more on that.

The main thing to do is not be in a rush to settle, you need to be completely released by your physician first, and discuss with the doctor any possible ongoing problems you might have. Prognosis is more important than total expenses when it comes to pain and suffering.

Once you have all the information needed, I'd suggest you discuss what would be fair and proper with your own agent, the one best equipped to answer your questions.

Good luck, and get better.

Stinkbug B

what does your insurance company say? Doesn't your state have no fault insurance? If the accident wasn't your fault this person can't win the case. Most lawyers in my area start off at 400 dollars an hour and they are usually very crappy, they really do nothing but show up to court. Many times you get one right out of Law School. Unless you are rich Lawyers are not worth the effort.

spammer

1,000 for the Ford is a fair price.

jerseyj01

I was recently involved in a 4 car accident and my front bumper broke off. They settled for 2500, just the car so you mentioning 1000 is really low, if you said your car is totaled. You should definitely seek a lawyer and perhaps, file for a lawsuit. Most accident lawyers don't even charge you a penny until the case is won and they take their piece. If everything is legitimate and you have all the backup support/documents, you will be fine and obtain the the most from the ins company. If you settle for what they give you, you won't get much.

luvmykids

hire a lawyer with a lot of experience in this. You will get more money this way.

Rosessis

for all these questions & more info contact an attorney they will have all the info you desire.

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