Visitor Question

Drunk Driving Car Accident…

Submitted By: Marsha (Oceanside, CA)

I was passenger in a car when it was rear ended by a drunk driver. The driver of the car I was in sustained a broken neck, I received no visable injury. I went to the emergency room and released.

I went to a chiropractor 3 times for realignment. I was offered $3,700 to settle quickly by the drunk driver’s insurance carrier. I don’t have a lawyer. What should my counter offer be without running them off?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Marsha,

Marsha:

Do not be too concerned about running them off. If they have decided to offer a settlement the decision was made carefully and not by just one person.

Making a counter-offer is quite normal in these cases. The facts you present as well as your honest assessment of your lack of serious injuries is commendable.

Because you did not mention any lost wages we will presume there were none. Without a need to seek future medical treatment, and with a limited number of visits to the chiropractor the amount of $3,700.00 in and of itself sounds fair. If though, you believe your injuries and resultant Pain and Suffering are worth more, then it would certainly be appropriate to request a higher settlement amount.

If the offer was $3,700.00 and there are no other medical matters to consider, a counter-offer of $5,000.00 would not be inappropriate. And although no one can guarantee what an insurance company will do, you can be comfortable presuming such a counter-offer will not “run anyone off”.

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

Best of luck,

Published: April 18, 2011

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