Car Crash Settlement - Is It Fair?

by Steve
(Broken Arrow, OK)

My wife was involved in an accident where a driver turned left, out of his driveway, in front of her. She was traveling about 20-25 mph and he was at about 5mph.

My wife felt pain almost immediately following the accident and went to her regular care physician and then to a chiropractor for numerous visits. Total damage to the vehicle was $9000, and her medical bills were $3000.

The insurance company has offered to pay all bills plus $1000 for damages. Is this a fair offer?

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 "Car Crash Settlement - Is It Fair?":

While normally we do not tell you exactly what a settlement should be, this for certain is NOT FAIR. With property damage of $9000 and medical expenses (or "specials" as they call them in the industry) of $3000 they should at least repair your vehicle and pay for a suitable rental car during the time your car is out of commission.

Secondly, the pain and suffering settlement should be between $7500 and $9000 provided there are no future medical bills or permanent injury.

If there are out-of-pocket expenses such as lost wages or prescriptions, this figure should be ON TOP of the settlement quoted above.

Often insurance companies will submit low-ball offers in hopes that you will simply accept it and move on. This saves them hundreds of thousands of dollars yearly in settlements.

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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