QUESTION

What would be a fair settlement if I was rear ended in a car accident?

Asked on Jan 02nd, 2014 on Personal Injury - Louisiana
More details to this question:
In March of 2012, I was rear-ended in a car accident. My car was totaled and I was given $11,000. I was sent to the hospital with a neck injury but was released the same day. My insurance settled with the hospital for $6,908.35 for the ER and ambulance bill. The person's insurance who was at fault offered me $10,000 to settle today, almost 2 years later, and I was wondering if this was a fair and appropriate figure because I honestly have no idea about any of this. Any advise would be greatly appreciated.
Report Abuse

10 ANSWERS

Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
Update Your Profile
Since you mentioned "two years ago" you have a statute of limitations issue. If you do not have a lawyer, hire one immediately The offer may or may not be OK depending on various factors. You have to weigh in medical evidence ,such as MRI/EEG findings,radiculopathy, any disk injury etc. before one can place a value in a case. Always feel free to call to discuss.
Answered on Jan 07th, 2014 at 6:02 AM

Report Abuse
Edwin K. Niles
Normally we don't answer this question, as there are too many variables. However, unless you are suffering from permanent injuries this doesn't sound bad.
Answered on Jan 07th, 2014 at 6:02 AM

Report Abuse
James Eugene Hasser
If you are in Alabama, you have 2 years from the date of the accident to settle or sue. Case values vary drastically from case to case and place to place. Experienced personal injury lawyers are familiar with such values. You need to consult one right away before your time runs.
Answered on Jan 07th, 2014 at 6:01 AM

Report Abuse
Ronald A. Steinberg
I don't know. The value is based on all of the directly related injuries and damages you can prove. So, the value relates more to how articulate you are, and how good your doctors are. Why don't you get a lawyer and let the lawyer do what he is trained to do?
Answered on Jan 07th, 2014 at 6:01 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You were paid 11000 property damage. you went to the ER and had an ambulance bill F your insurance paid the medical bills. first of all you don't have much of a claim if your medical care was I trip to ER. a second, your insurance co may want some reimbursement for what they paid. Read your policy carefully and make sure they don't have a right to some of your money.
Answered on Jan 07th, 2014 at 6:00 AM

Report Abuse
The medical billing seems very high for the ambulance and a single ER visit. You would need to indicate whether you still have symptoms, how long the pain lasted and the degree of severity, any restrictions on activities, wage loss, etc. While the old general unofficial rule was the settlement should be three times the out of pocket damages after all, you will probably have to pay your insurance company back for the amount they paid the hospital], if the medical bill is unusually high then it was discounted. The amount of the property damage is not taken into account [did they pay you for loss of use of the vehicle for a reasonable time before you could get a substitute car. With the car being totaled, a jury will not have a hard time finding that you were injured. Which city the accident occurred in is important because different geographical areas have potential juries with different attitudes toward compensation. Your best bet is to see if you can get some local attorney to agree to accept a flat hourly rate to tell you what your case is worth.
Answered on Jan 07th, 2014 at 5:59 AM

Report Abuse
I would advise you to contact an attorney in your area immediately. Insurance companies notoriously offer low amounts to people who are not represented. It is unclear to me what is meant by your insurance settled with the hospital, but I assume you mean your PIP insurance. If that is the case, you should know that in Washington state, if you recover from a third party, you will have to pay back PIP. Also, in Washington State, you have three years from the date of the accident to file a lawsuit.
Answered on Jan 07th, 2014 at 5:58 AM

Report Abuse
Civil Litigation Attorney serving San Antonio, TX at The Law Office of Kelly Kelly
Update Your Profile
It is hard to give an exact dollar amount as every personal injury case is different. Things that will affect case value include the nature of the injuries, the "quality" of the medical bills (an insurance company will value a $5000 surgeons bill huger than a $5000 MRI bill) and the venue where the accident occurred. I would advise you to contact a lawyer as soon as possible. Your statute of limitations to either settle or file a lawsuit expires on the second anniversary of the accident.
Answered on Jan 07th, 2014 at 5:58 AM

Report Abuse
The value of any injury claim is typically based upon the severity and duration of the injury suffered. I hate to be evasive, but to properly evaluate your case I would have to review the medical records which detail the doctor's treatment and the nature of your injury. For example, a "neck injury" could mean many things, from a whiplash type injury to a herniated disc. The value for each is considerably different. One thing that does concern me is the fact that you state that the claim has been pending for 2 years. In Louisiana, one must actually file a suit no later than one year from the date of the accident, or the claim is lost. Was this a Louisiana accident?
Answered on Jan 07th, 2014 at 5:57 AM

Report Abuse
Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
Update Your Profile
If your injuries resolved shortly after the accident, and if the only medical care you received as a result of the accident was a one time hospital visit, I would say yes, $10,000.00 seems reasonable. Because your insurance paid for your medical care, they may want reimbursed, however.
Answered on Jan 07th, 2014 at 5:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters