Mother got rear ended in a car accident?
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Mother got rear ended in a car accident?
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Hi my mother got rear ended in a car accident a month ago, and the insurance agent just now got back with us on a settlement. The driver was suspected to be drinking (as notated in the police report), but was not tested for any alcohol. The insurance agent only offered 2100$ for the settlement, despite the injuries and the pay invested into her own recovery. Is that a worthy settlement, or do you recommend getting a lawyer? Additional Details Sorry, they are offering 2100 for her injuries. They paid out about 1200 I believe or maybe it was a little less for the repair of the car. She is still going for treatment.
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fighting saints
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It's not clear from your posting if the $2100 is just for injuries, or if the $2100 is for the car. A little clarification here will get you much better answers. It would be helpful to know what kind of injury and how much in med bills.
If the offer is for injuries and she is still having medical care then she should not settle yet. Depending on what state she is in she will have AT LEAST one year from the date of the accident to settle an injury claim.
Getting a lawyer at this time is a waste of time and money. Odds are she can handle this on her own. She should counter offer and then if things don't settle she can consider getting a lawyer.
If she has car damages then legally she has two separate claims and they should be handled, settled and paid separately.
Any vehicle damages should be paid based on a damage estimate or the Actual Cash Value of the car if it is a total loss.
An injury claim should include "dollar for dollar" money for all reasonable accident related medical expenses, prescriptions, documented lost wages and then some additional money (not a ton) for pain and suffering. |
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Queen B
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it depends. did they repair her car? pay her for lost wages due to the accident? pay any of her medical? if they are offering $2100 on top of paying all the things mentioned, then it may be ok. if they are offering $2100 to cover all the above things and it does cover them, then its ok. if they are offering $2100 and have paid nothing else yet and it does not cover those things, then decline the offer. You need to get YOUR company involved to fight for you. she can make the claim on her policy to have it all paid for minus her deductible, and then her company will subrogate back to the other persons insurance for repayment plus her deductible. its done all the time. her company has lawyers on staff and they have a whole lot more money and resources than your mom, so make them earn the premiums she pays them. |
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yes_its_me
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You can get a lawyer but he/she will take a hefty bite out of your settlement. I would list all of the expenses incurred (You will need receipts) and total it up. If it exceeds the insurance company offer then ask for more. That is why it is called an offer. You can either take it or ask for more. You need a lawyer when they refuse to meet your demands. |
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Luna & Lawnboy
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You need to clarify what the $2100 includes. Where did this accident occur? What was her injury? Is she still treating? If so, you should not be talking settlement. What are her meds? Are they outstanding? Did she lose time from work? |
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godslilfeller
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Was your mothers car worth more than $2100? Did she lose up to $2100 in pay from work? Did she have to pay any Dr. bills? $2100 is CRAP if you have to answer any of these questions as yes. Ins. co's. always try to "settle" and they are in the best interest of their co. and nobody else. Hold out and she may have to get a lawyer. At least consult one on the issue. It doesn't hurt to get wise counsel. |
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birdbayboy
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Your mother's insurance company should represent her...why did they wait so long?? |
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Lizbeth
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Do not settle. get a lawyer. |
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itsthewill
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get a lawyer, you should be able to find one that will only charge you if he wins the case |
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dwa1952
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Don't settle to quickly , you'll only get enough to pay the bills . At least talk to a lawyer, see what HE thinks . |
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Ryan M
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get a layer and this is not an automotive question |
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brimster
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is her butt really that big? |
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