How can I get a Higher Settlement?

by Becky
(New Braunfels, TX)

Another driver ran a red light at 50 miles an hour and t-boned me, totaling my heavy duty truck. My out of pocket expenses total about $5000.00 for medical only. However I now have no vehicle to drive and I used that truck for activities for my family.

The insurance adjuster only wants to pay at total of $7500.00 That doesn't seem fair. What can I do?

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 "How can I get a Higher Settlement?":

Considering only the facts that you have presented, the insurance settlement probably is not fair. Typically attorneys will use a formula that is three times your medical expenses plus out of pocket and lost wages.

Given your medical bills, that would mean that a starting point for settlement would be $15,000.00. Now this is a "best case scenario" for a plaintiff, but its a good place to start so that at least you know what is "fair."

Now, as far as not having a vehicle to drive, this should have been dealt with separately from the personal injury settlement of your claim. You should also have an adjuster evaluate the damage to your vehicle and offer a settlement for this as well.

If they are suggesting $7500.00 as settlement for the whole thing, you definitely want to talk to someone experienced in settling personal injury claims before you agree to that amount.

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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