QUESTION

If I was hit by a drunk driver, what is a good amount to settle?

Asked on Jun 27th, 2013 on Personal Injury - Oregon
More details to this question:
I was side swiped by a drunk teen who was doing an illegal U turn. It was a hit and run and the teen's bumper fell off along with her license plate. She was followed by an off duty police officer who witnessed the accident. I saw a doctor for my neck pain and was recommended to a chiropractor. He treated me weekly for 5 months and then released me. The teen was uninsured. The adjuster for my own auto insurance wants to settle for $1,500. Is this a good figure?
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11 ANSWERS

Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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I am so sorry to hear about your collision and injuries. Each person's case is different and, thus, is valued differently. I would need to review your medical records and bills, as well as review the type of insurance coverage you have in order to properly advise you.
Answered on Jul 03rd, 2013 at 2:58 AM

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Ronald A. Steinberg
Maybe you can get another $500 or $1,000
Answered on Jun 28th, 2013 at 8:37 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If this is a Michigan question, as it says it is, you may be misunderstanding how Michigan auto crash claims are handled per the Michigan No Fault Law. Your own insurer pays for your collision related car damage. Your own insurer pays for your Michigan No Fault Benefits, which consist of wage loss, medical expenses and replacement services. The insurer of the owner/driver of the other vehicle pays for your pain and suffering, if you have suffered a threshold injury of a serious impairment of a body function, permanent serious disfigurement or death. Your insurer would only offer a pain and suffering, 3rd party settlement if the other owner/driver were uninsured and you were making an uninsured motorist claims. There is also the possibility of a dramshop action in regards to the other driver being drunk, but same will depend on the facts and also requires timely notice.
Answered on Jun 27th, 2013 at 8:12 PM

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James Eugene Hasser
It's hard to tell without knowing the exact diagnosis and prognosis as well as past and future medical bills. Run it by a personal injury lawyer.
Answered on Jun 27th, 2013 at 8:11 PM

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Was the teenager driving her own car or that of her parents, who would also then be responsible? Since your insurance company is treating it as being an uninsured vehicle accident I presume there was no one else legally responsible. I also assume that the $1,500 is above the amount of the treatment bills which were all paid, that you need no further treatment, and there was no wag loss or residual pain and suffering or disability. Even so, $1,500 sounds low. Often carriers will pay three times the medical bills and wage loss, but they look down on chiropractic treatment, especially for such a long time and number of visits.I would need to know more details.You may need to hire an attorney just to write a demand letter [which I could do].
Answered on Jun 27th, 2013 at 4:29 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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Sounds like a horribly low figure, unless all of your medical bills have been paid and you have no health insurance lien or any other liens against your recovery. Even then, $1,500 for 5 months of pain and suffering, running to the doctor every week, limitations on your activities, etc. doesn't sound like enough. Would you willingly do this all again for $1500?
Answered on Jun 27th, 2013 at 3:55 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Insurance companies often try to settle with folks by offering 500 or 600 up to 1200 to settle a soft tissue claim. I don't know what your bills are but if you were treated for 5 months your bills are probably 5000 or more. ask the adjuster for 10 times your bills and settle for what you can get. Juries don't get excited with chiro cases and they wont do much for you. if you continue to be abused by the adjuster, get you a PI lawyer for help
Answered on Jun 27th, 2013 at 3:53 PM

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Personal Injury Attorney serving Boise, ID at Caldwell Law Group, PLLC
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The value of a personal injury case varies significantly with the facts of each case. There are several issues to consider in determining the value of a personal injury case. The following are only for general consideration as each case may present additional facts that need to be considered: First, what are the liability aspects of the case. In other words, is any fault attributed to you? If you are found to be at greater than 50% at fault in Idaho, it will eliminate any recovery for you. Second, did you have any pre-existing conditions that are similar to those you now suffer from the accident? Pre-existing conditions, can, but don't always, reduce the value of a case. Third, what are the extent of your economic damages? Economic damages can include medical bills and lost wages. Typically, you are entitled to recover medical bills incurred and wages lost as a result of an accident. Fourth, what is your present condition? Have you suffered a permanent injury? If so, will you need medical care into the future? Permanent injuries typically increase the value of a case. Fifth, what pain and suffering have you endured? Typically, a minor soft tissue injury will be worth less than a broken bone or surgery caused by the accident. Do you have scarring or other visible injuries? Those can also increase the value of a claim. It has been my experience in having handled hundreds of personal injury cases that insurance companies will try and settle cheaply if they can. Generally, injury lawyers will provide initial consultations and take phone calls for free. Consider calling an experienced injury attorney and talking the case over. It will only take your time.
Answered on Jun 27th, 2013 at 3:49 PM

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Thomas Edward Gates
No, you our responsible for your medical bills and this amount will not cover that nor give you anything for pain and suffering.
Answered on Jun 27th, 2013 at 2:32 PM

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General Practice Attorney serving Portland, OR at Furniss, Shearer & Leineweber
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It is probably low. I assume he is saying $1,500 plus medical bills. I would start high and see what you can work him up to.
Answered on Jun 27th, 2013 at 1:45 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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Do not settle for that amount. This is insultingly low. Please retain an attorney to help you hold the drunk accountable.
Answered on Jun 27th, 2013 at 1:34 PM

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