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Author: Subject: Car Accident Settlement Question

Peach Head





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  posted on 10/24/2007 at 03:56 PM
Has anyone got experience with settling after a car insurance?

Basically, my wife was in a car accident several months ago (not at fault) and
broke her left leg. She is now recovered and out of treatment. In addition to
medical bills of approximately $19000, her missed work wages are about $4000.

Any thoughts on a fair settlement?

The insurance already paid for her car to be fully repaired.

Thanks all. Prefer not to hire a lawyer.

 
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Zen Peach



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  posted on 10/24/2007 at 04:24 PM
SBG, demand full reimbursement for the medical expenses and lost wages, and also ask for a reasonable settlement for pain and suffering. DO NOT sign any settlement until you are fully satisfied with the terms.

And, as much as I may distrust lawyers at times, this may be a situation where you could benefit from one. Good luck!!

 

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Zen Peach



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  posted on 10/24/2007 at 04:36 PM
SBG glad your wife is ok. Take Daves advice

 

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True Peach



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  posted on 10/24/2007 at 05:40 PM
The rule of thumb we lawyers use is 3 times actual damages for pain/suffering. Most personal injury lawyers will do these cases on a contingency, usually 30-40% of the recovery. Get your best offer soon and if the ins co does not bite, seek counsel. Limitations period in GA is 2 yrs from the occurrence, and may be shorter in your jurisdiction. Ins companies love to string you out, then say sorry.

 

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Zen Peach



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  posted on 10/24/2007 at 05:53 PM
quote:
Has anyone got experience with settling after a car insurance?

Basically, my wife was in a car accident several months ago (not at fault) and
broke her left leg. She is now recovered and out of treatment. In addition to
medical bills of approximately $19000, her missed work wages are about $4000.

Any thoughts on a fair settlement?

The insurance already paid for her car to be fully repaired.

Thanks all. Prefer not to hire a lawyer.


It's going to depend on the limits of the other driver's insurance. Assuming that is not an issue, she is entitled to full medicals and lost wages as well as reasonable pain and suffering. I could not see settling a broken leg case for less than 75,000 in pain and suffering unless insurance or liability is an issue. You might be able to get more. But you may need a lawyer to bring a lawsuit. I would definitely recommend a lawyer. If you settle up front it will be SEVERELY discounted. This is one case where the claim is legitimate and you should not feel guilty about suing for what your wife is entitled to.

[Edited on 10/24/2007 by dougrhon]

 

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Zen Peach



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  posted on 10/24/2007 at 06:51 PM
quote:
Has anyone got experience with settling after a car insurance?

Basically, my wife was in a car accident several months ago (not at fault) and
broke her left leg. She is now recovered and out of treatment. In addition to
medical bills of approximately $19000, her missed work wages are about $4000.

Any thoughts on a fair settlement?

The insurance already paid for her car to be fully repaired.

Thanks all. Prefer not to hire a lawyer.


You may not want to hire a lawyer, but insurance companies will not pay you what the injuries are worth, they will pay as little as possible to settle. The insurance companies have lawyers working for them, by you NOT having one, you are at a disadvantage. Sometimes you want to settle for personal reasons, I did this where my injuries were worth more than $100,000, but if I sued the person he would have lost his house etc. as a mercy to him, I only took payment for my surgeries and lost time from work. I did not even add in a pain and suffering component. I settled for $40,000 because that's what my surgeries, and lost time from work amounted to. You may feel compassion for the people involved in the accident and not want to have a lawyer deal with them, that is up to you, but I will tell you, the original offer from the insurance company in the matter I just mentioned was $20,000 when they knew at that time the injuries were worth $50-$75,000 that's how nice insurance companies are. I ended up just taking costs because I wanted the whole thing to just be over. I had an accident case where a NYC cab hit me from behind and fractured my neck. My injuries in that were worth $150,000, because of the insurance laws I received $15,000, (2/3 of the policy), and that took 7 years of negotating with the cab company who is insured out of state (the owner of the company owns 10 cab companies), the accident happened in NY, while I lived in Jersey at the time, two NYPD cops were paid off by the cab company (I saw the payoff at the scene), the driver was an illegal who fled after the accident happened, and cab drivers are independent contractors. Five years of physical therapy for my neck etc. You may think you just want to settle, but at least consult an attorney who can give you advice. Advice is free. It might be an easy thing to settle, it might not.

 

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A Peach Supreme



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  posted on 10/25/2007 at 08:06 AM
the internet is no substitute for a lawyer. yeah, its ok if nobodys hurt but broken bones?
hire a lawyer before you say too much to the ins. co. and jeopordize your family's future.

 

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Peach Pro



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  posted on 10/25/2007 at 09:09 AM
Start at 100K see what the insurance company says and be willing to negotiate down to around 80K. Any less than that and tell em your getting a lawyer.

The key is to say 100K and dont even blink.

 

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Ultimate Peach



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  posted on 10/25/2007 at 02:34 PM
Been there ,done that. Please take the advice to get a lawyer.

 

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Sublime Peach



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  posted on 10/25/2007 at 02:39 PM
quote:
Been there ,done that. Please take the advice to get a lawyer.


Hey young man, shouldn't you be jammin in Gadsden ???

 

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Zen Peach



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  posted on 10/25/2007 at 02:53 PM
GET A LAWYER

 

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Zen Peach



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  posted on 10/25/2007 at 03:15 PM
quote:
GET A LAWYER
What Lefty said.

 

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Zen Peach



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  posted on 10/25/2007 at 03:25 PM
I was hit while crossing in a crosswalk in the Silver Spring Town Center


GET A LAWYER.


Deal with your wife's health, let them deal with the insurance company.


 

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Zen Peach



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  posted on 10/25/2007 at 06:09 PM
quote:
the internet is no substitute for a lawyer. yeah, its ok if nobodys hurt but broken bones?
hire a lawyer before you say too much to the ins. co. and jeopordize your family's future.


On top of that could be future health problems. My fractured neck healed, but I have permanent disc damage because of it (visible on an MRI). A fractured leg could create not only joint problems but back problems further down the road. Even when I just had chipped a bone in my foot, I ended up with torn muscles in my back from crutch walking for 16 weeks, and then sciatica with 6 months of physical therapy after that, so you can't assume that well it's just a broken bone, sure, that will heal but body mechanics and stresses on other parts of the body can create other problems; get a lawyer and get protected.

 

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"Mankind is a single nation" "Allah did not make you a single people so he could try you in what he gave you, to him you will all return, he will inform you where you differed". Quran Chapter 2 Sura 213

 
 


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