How likely will I settle out of court in my car accident?

Question

I got rear-ended yesterday (10/3/11), and the other driver got issued a citation. It wasn't his personal car. He was driving a company car. How likely will they settle out of court, and  for me to receive pain-and-suffering compensation? By the way, I have minor car damage (i.e scratches & cracked bumper), and some lower back and neck pain.

Stephen Lombardi · Answer

With or without a lawyer? Do you want to be paid a fair amount or just some   money? Don't confuse a friendly adjuster with who your friends are.

Timothy Klisz · Answer

There is a threshold of injury required to collect those damages in Michigan. I would be happy to discuss this with you in detail.

Matthew Kaplan · Answer

The Insurance company will offer you something and you can decide if you want to take it.  My recommendation is for you to hire a lawyer and not talk with the at fault drivers ins company.

Andrew Myers · Answer

If you settle yourself you are not likely to get full value on the settlement.

Paul Whitfield · Answer

Normally a rear end collision results in a settlement, but only with scratches they wont take your claim of injury very seriously. You didn't say anything about medical costs but if you have injury you need  to be under a doctors care. If you have scratches and no serious injury and no medical bills you might receive anywhere from a few hundred to a thousand dollars. $500 might be a good bet. You don't get money because someone made a small mistake. You get money because there is real damage and real injury.; scratches wont cut it.

David Stoddard · Answer

It is very likely that they will offer something out of court.  Whether this settles the case will depend a lot on How little you are willing to accept to settle the case.  I have found that you normally have to file suit to get reasonable offers, but hat eventually it settles out of court.  If the accident happened yesterday, I think it is way too early to be thinking in terms of settlements and whether you should file suit.  See how bad your injury is first.

Andrew Velonis · Answer

You can only recover financially from an injury if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. It is way, way too soon to tell if you have a qualifying injury. Six months is common just to find that out.  Some insurance companies simply will not offer any settlement in any case no matter what the injuries.  Others will fork over a few bucks just to get rid of a claim.  Still others don't seem to understand that they are in the claims business and need to be educated as to their responsibilities. The list goes on.

Jared Altman · Answer

In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. Do you meet these criteria? There are no restrictions on your property damage claim.

David Ayer · Answer

Only about 3 percent of suits make it to a jury. About 5 to 7 percent are settled by the parties during trial. The rest settle before trial. It is highly likely your case will settle out of court. In Massachusetts it is presumed that a driver who rear-ends another driver was negligent. It can be successfully argued the rear driver was not at fault, but that driver carries the burden. You should consult a personal injury attorney who can guide you through the legal process. Make sure you seek medical attention and continue treatment as long as medically necessary. It is a good idea to keep a journal of the manner in which the accident and any injuries you may have is affecting your life.

Tim Jones · Answer

Very likely.  The vast majority of car accident cases settle without the need for a trial or an arbitration.

New User · Answer

Most cases do settle out of court, but there are a lot of factors. Make sure you get medical attention and them follow all instructions.

Mark Miller · Answer

It all depends on the insurance carrier that you are up against.  A lot of carriers currently fight tooth & nail when the accident is a low impact (less than $1000.00 worth of damage) and there are only soft tissue injuries such as those that you have sustained.  They'll be willing to settle out of court, but maybe not for the amount you want them to, especially if your symptoms go away soon.

Orman Kimbrough · Answer

The general rule is that many cases such as your resolve before reaching a jury trial.   However, each case is based on the facts of the wreck as well as the injuries caused by the wreck.  Also, your expectations, requirements and amount of money you are seeking may play a significant role in effecting whether the case settles out of court.  Because of these factors it is difficult to give a specific likelihood of the outcome of your case.

Thomas Bulman · Answer

Most cases settle without a lawsuit being filed.  You should focus on whether you need medical care.  Failure to see a doctor is the number one reason cases fail to impress a jury.   If you aren't injured, don't waste the time sitting in a doctors office.  Get your car fixed and get on with your life.

Linda Chalat · Answer

You should contact a personal injury attorney before communicating any further with the insurance company.  They will probably offer a very low-ball settlement amount - even if you pay a one-third fee to an attorney, you will probably receive a significantly greater amount of money with a lawyer representing your claims.  And most personal injury firms provide free initial consultations and contingent fee arrangements where you only pay attorney fees if the attorney collects on your behalf.  You may have long term difficulties that require medical attention so do not settle until you have a complete idea of your condition.  You have three years in Colorado in which to file  a lawsuit arising from a motor vehicle accident, so you have plenty of time for proper diagnosis.

Richard Copeland · Answer

Yours sounds like what is generally referred to as a "minor impact, soft tissue" or MIST case.  Insurance companies all have their own approaches to handling these claims.  Some are quite tough, while others are much more motivated to get the file off the books.  You probably have a decent chance of an out-of-court settlement, but that will depend on the particular insurer with which you are dealing and how reasonable you are about the value of your claim.

Richard Lowell · Answer

Most rear-end soft tissue cases do settle.  But typically, to get a fair amount for your settlement, you need an attorney.  The other driver's insurer will ask you to provide a recorded statement and give them access to your medical records.  I recommend you decline both requests for the time-being.  Let your attorney deal with them.  Your primary goal at this time should be to do what you need to do to get better.  If you are feeling better after a month, you probably can resolve this one your own.  But if you are still having pain problems after a month - and they don't appear to be getting better; I encourage you to contact a qualified personal injury attorney - like me - to assist you with your claim.  All personal injury attorneys work on a contingency basis - which means you don't pay any fees up front - and your entire fee obligation comes solely as a percentage of what the attorney is able to recover for you.

Jeffrey Unger · Answer

The vast majority of cases settle as compared to the number that are actually tried.  Obviously, the amount of damages you may ultimately receive will depend on the extent of injuries received and the medical treatment necessary to care for those injuries.  An experienced personal injury attorney will be able to help you obtain compensation for the damages you have experienced.

Kevin Habberfield · Answer

First of all, treat with your doctor and make sure you get healthy before anything else. Secondly, make sure your no-fault (PIP) claim is set up. If you satisfy NY's serious injury threshold, you can claim pain and suffering. If not, you cannot and are stuck with purely economic losses. In short, the seriousness of your injuries will determine whether you have a claim for pain and suffering and how much of a claim you have. Right now, you just need to get healthy. Then go get an attorney, if you think you need one. As far as settlement goes, it's hard to say. Most cases settle at some point but, some are tried to a verdict so the odds favor settlement over trial but, no attorney can answer what you are asking without seeing the future and having more information. Only time will tell.

Russell Gray · Answer

The first thing you need to do is go to the doctor and have your lower  back and neck pain evaluated.  In Utah, if your medical expenses and  lost wages are less than $3,000, you can't bring a claim (but your  $3,000 PIP coverage will pay your medical bills).  If your expenses are  greater than $3,000 you should find an attorney who can help you,  because the insurance companies aren't likely to pay you what the claim  is worth.

Robert Lucky · Answer

It really depends on several different factors. Each case is different depending on the injuries, the insurance company, property damage, etc. Research indicates that it is more likely to settle and for a higher amount if you employ an attorney to handle the claim for you. This can be a very tricky process and you need someone who is familiar with it and who can guide you through it so that you are not given the run around by the insurance company. Most people who have never been through this process are often tripped up and come to regret it when it's too late to correct.

Vincent Bernabei · Answer

The best way to settle your case for fair value is to let the other driver's insurance company know that you are prepared to go to court if necessary.  Most accident claims are settled without going to court.

Steven Shaw · Answer

First thing to address is your injuries.  Get to a qualified medical professional to have your injuries assessed, and get some treatment before you even think of addressing settlement.  Next, have your car looked at by a decent body shop.  Make sure the estimate they do is thorough.  Once you have finished medical treatment, then, and only then do you speak to the at-fault insurer about settlement.  Handling collision claims can be difficult, and having an attorney represent you may be the best option.  Consider speaking with one of the attorneys on the Law Q&A website that's in your area.  Most will evaluate your case at no cost, and it's worth the guidance, even if you don't hire one.

James Kelaher · Answer

Your chances of getting any compensation beyond out-of-pocket medicals and wage loss is zero unless your treating doctor is of the opinion that you have received a permanent injury or permanent impairment as a result of the accident.

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