Auto Accident Whiplash Settlement...

by Jessica

I was rear ended on the interstate by a woman going at least 60mph while I was at a stand still. I was pushed into the car stopped in front of me and got severe auto accident whiplash.

The damage to my car is beyond totaled. The Kelly Blue Book value of my car is about $2,000, but I sustained injuries (such as severe whiplash). My medical bills are at least $3,000 so far, but the diagnosis from the chiropractor is that I'll have permanent damage.

Based on what you know, how much should I settle for in this insurance claim? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Auto Accident Whiplash Settlement...":


You may have already settled the amount for your vehicle. Normally when an insurance company (through its adjuster) confirms a vehicle has been totaled she will either pay the book value of the vehicle, allowing the owner to keep the vehicle, or the insurance company will keep the vehicle and pay the owner a bit more.

The facts presented indicate your medical bills to date are $3,000.00. You should know chiropractic bills are not considered medical bills and the credibility of chiropractors' need to treat is still a bit obscure.

To give you manner in which you might set up a “baseline” for an estimation of a settlement amount, add your medical bills and multiply by 3. The total will be the amount you should request as a settlement from the insurance company.

Also include in the total the amount of any of your out of pocket expenses. Out of pocket expenses normally include bandages, pharmaceuticals, over the counter medicine, and even the parking lot fees you incurred when going to see your doctors. Some insurance companies may categorize chiropractic bills as medical bills. Others may not, categorizing those costs as out of pocket expenses.

If the bills of which you speak are actually medical, and not chiropractic, then you may also be able to recover monies for Pain and Suffering. If there are only chiropractic bills you may not be able to recover additional amounts.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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