Car Accident Settlement

As others have advised you - you definitely need a lawyer and in the Atlanta area I would highly recommend Hanks/Brookes.

You are out of your mind if you leave legal counsel out of this.

I'm in no way saying sue someone. I'm just saying cover your own A$$.

You risk any future medical care for issues that come up later in life for you and your daughter.

You are not a lawyer and an insurance will pick up very fast that you are no lawyer, don't want a lawyer and they will screw you over possibly leaving you owing money to your health insurance and more. You don't mess with insurance companies.,, they are loaded with well qualified lawyers to disqualify your claim.

The $$ you pay for legal counsel will be well worth your time.

Example: you are not a dentist and you wouldn't perform your own root canal would you! No... Because you are not qualified!

Get an attorney. They know the law and what kinds of settlements have been granted for identical circumstances. In NJ the attorney is paid 30% of the settlement proceeds which means you pay nothing to him or her out of your pocket. When it comes to court proceedings it is best in most circumstances to lawyer up.

A., there is a reason that there is literally an industry built on handling these claims. Why wouldn't you consult with an attorney? See what she or he has to say. If you like what you hear, hire him or her. If you think you can negotiate a fair settlement without one after talking to some, then go ahead and try. But know that the insurance company has a staff of attorneys at the ready who are going to hose an unrepresented plaintiff out of a fair settlement. An experienced attorney will know how deep the insurer's pockets tend to run for claims such as yours and what they are likely to agree to.

FWIW, a kid I worked with at a pizza shop broke his shoulder falling through a ceiling while storing some supplies in a storage area that was located over a walk-in cooler. The board of health had told the restaurant repeatedly to not send employees up there. This kid thought he hit a pay day getting $10K in pain in suffering after his medical bills were paid. By comparison, one of my good friends fell down a flight of stairs at a party and had a complex broken ankle that required surgery and several months of recovery time. The tenants had complained about the stairs to their landlord multiple times so the landlord was found negligent. In addition to having her medical bills and time lost from work covered, she won a settlement that netted her $125K after the attorney was paid. Someone else I know settled with a hospital for $2M when they botched something related to anesthesia during labor, causing a permanent neurological injury that causes her to pass out without warning, so she can't work and when her kids were younger, needed childcare even when at home. So...what's "reasonable" is way too wide a range to determine, especially in the case of a car accident, where the residual damage of your injuries can go on for decades.

You'd be crazy not to talk to a lawyer.

I would guess the reason you are hesitant to talk to a lawyer is that you are concerned a lawyer will need to be paid and that this would decrease the amount of money you would get. The opposite is actually true. A lawyer would be able to insure that the amount you get would be reasonable and would be enough to cover his/her costs. The amount you would get would most likely be more than what you would get if you didn't have a lawyer.

You need a lawyer.

I was in an auto accident years ago. I hired an attorney and I was satisfied with the payout. He negotiated over several months including having his fee considered.

It's been my experience that settlements can take months to happen. Also that once you agree to a specific amount that ends all ability to ask for more.

My attorney advised me to not quickly settle. He advised me to not even consider a dollar amount until I'm fully recovered. You don't know how long you'll need treatment for your injuries.

You are asking us, who aren't attorneys, do not live where you are, have no understanding of your situation. I suggest you consult with an attorney, experienced in auto accident settlements. You don't have to hire him. You will know an amount that you're likely to receive in your circumstances and how to proceed.

Have you talked with your agent? He knows your location and circumstances. He deals with accidents. He, too, would have better information than us.

Accident claims are complicated and require expert advice. You have no experience in settling claims.No experience in negotiating the claim. We only have experience with our accidents. The circumstances are different than yours. I urge you to consult with an attorney.

Already, you've apparently not known how related medical bills are paid. Your insurance pays and is reimbursed at the time of settlement. Or the clinic waits for payment until your claim is settled.I think I paid nothing out of pocket. The medical office asks for the name of your insurance company for that purpose.

Settling is not simple. If you don't have an attorney you will be negotiating back and forth. Their insurance company wants to pay as little as possible. You and their insurance are adversarys. You want what you feel is reasonable. They want to pay as ltitle as possible.

In one of my accidents the other party was at fault. My insurance company provided an attorney. They said the goal is to settle without involving court action but many cases do go to court. Mine did. Your insurance company is involved in getting payment for their expenses. They will protect themselves. In my experience combining my settlement with theirs helps cut down on expenses, your time, and stress. The other company is experienced in negotiations. You'e not.

Insurance claims involving personal injuries are complicated and take months to settle because you or your insurance lawyer will have to "fight" for what is right for you. The only way you can have an early settlement is by agreeing to not make any further claims. I wanted to sign. My attorney was able to negotiate a higher amount.

My accident and eventual settlement happened over 40 years ago. I still have difficulty caused by the accident. I suggest you talk with your physical therapist and/or doctor about the possibility you will have long term difficulty with your injury.

There is a lot to consider before agreeing to a settlement.

You really NEED a lawyer.
He'll know how to figure pain and suffering not to mention money for future heath issues, and time/pay lost from work.
You and your daughter could be dealing with life long issues from this and this should be reflected in the settlement.
Car totaled over 170000 - is that how many miles it had on it? - unfortunately for an older car they just don't pay out much on them.
Doctor bills BEFORE insurance discount? No. You want coverage for what your insurance didn't cover (what it cost you out of pocket). But it's ok to track it all (before and after insurance).
Generally I think lawyers ask for millions in compensation with the expectation that negotiating happens and a lessor amount will be agreed to sooner or later (but more than you're thinking about right now).
A lawyer will try to get as much as he can for you - because what he gets paid will be more if you get more (it'll be a percentage of the settlement - and his fee is worth every penny he gets).
You really need a lawyer that specializes in this.
The process could take as long as 7 years to come to a resolution (depending on your state laws).
Lawyer up asap and good luck!

First, you need to find out what the policy limits are. the insurance company is only responsible for paying up to the policy limits. Usually settlement is around 3 times the medical costs - so $30K for you and $18K for your daughter.

But, you do need to be sure that you do not need any further medical care or PT. Once you settle, you're done. Don't rush into a settlement - be sure you know what sort of residual effects, if any, you will have to live with.

Well, I know you don't want a lawyer, but I still will say that you'll do better and get more money with one.

You do know about subrogation, right? Your medical insurance will ask to be reimbursed the cost of you and your daughter's medical bills. You won't get to keep any of that.

For me it would depend on how negligent the other party was. Yes, they were totally at fault, but was it a freak accident or were they driving drunk/knowingly exhausted, etc. I'd want all of my out of pocket medical costs covered, plus replacement of the car if it was just a total freak accident. If there were preventable factors, I may consider asking for pain and suffering. Just remember that if you accept a settlement and have future issues, you don't usually get to go back for more money.

A. - welcome back to MMP - did you close your other account?

you really need a lawyer or ask your insurance company to help you out. Your claims are NOT the same - your daughter is a different case.

To be honest, I've only been in one serious car accident - I was the driver - I was at fault - I rolled my car. I was a teenager. My boyfriend, who was in the car with me, received a check for $7,500 for his injuries and care. that was 30 years ago.

What is your pain and suffering? What lingering affects do you have? Will you have life-long injuries that will need future surgeries or more physical therapy? You need a lawyer. Get a lawyer.

My family dealt in the car business for many many years and I was always told to never ever ever ever ever take a settlement on any car accident without an attorney.

I have been blessed to never have to take a settlement (been in that position)....

Just passing on family advice given to me after watching countless people be screwed over by car insurance settlements...get a good reputable attorney. I wouldn't settle or sign anything without one, EVER!!

As an adult, your daughter's case is separate from yours and she will need to settle or litigate separately.
Cheryl B's numbers are in the ballpark. There are many other factors to consider, like underinsured motorist claims, any special impact to you or your daughter (missed work, missed sports impacting scholarships, etc.). Some insurance companies are easy to deal with, some will try to screw you out of everything you are owed and fight over every penny. For a relatively small case like this, they will use in house counsel so going to court may not be a bad option for them. You could always ask what they are offering. But assume that all your calls are recorded and that they will use anything you say against you.

You really need to get an attorney because it sounds like you didn't even submit to the correct insurance. You are supposed to submit it to your auto insurance, not your health insurance, then everything above that is to be paid by the person at fault.

Based on what you wrote here you are going to get around 3 to 4 k in your pocket without an attorney and probably not much more with an attorney because they take a large percentage of the whole settlement. So say your total medical bills for both of you are 8k, you get say 12k, 4k in your pocket. Attorney gets you 14k total then takes 3,500 or more for their fee you now have 2.5k in your pocket.

Clear as mud?

when i was in a less drastic but similar situation i was advised that i could settle EITHER for medical bills both present and future OR a cash settlement, but that if i opted for the cash, all medical bills would come out of my settlement and the insurance company would not be liable for any hidden issues that might arise in the future.
pain and suffering is subjective.
khairete
S.

I found this interesting site when I was rear-ended a couple of years ago.

http://www.alllaw.com/articles/nolo/personal-injury/two-w...

I didn't end up needing any pain and suffering amount, as my injuries were quite minor, but I was doing some research after the accident and found that site. It might help you.

Don't know the laws in your state, but most insurance claims will only pay out for actual doctor bills. You may not want a lawyer, but if you want to claim "pain and suffering", that will be your best course of action.

The laws in each state are so different. A pinky in one state might be worth $10K but in another state might only be worth $5K.

I know, been there, done that several times. Attorney's take a chunk of our money to get paid. See if you can hire an attorney to advise you on the basics of a settlement.

Overall.

If they pay all medical bills completely, even the insurance part, plus the same amount for pain and suffering and you have no permanent damage that would likely be enough for me. Since they paid off the car entirely.

Make sure you find out from that attorney if that is a close amount.