Visitor Question

SUV Car Crash Settlement…

Submitted By: Anonymous (Florida)

An SUV turned directly in front of my vehicle, causing my vehicle to strike the SUV in the rear wheel and rear quarter. I was put on a back board and transported to the hospital by EMS. I spent 2 days there and wound up with bruised ribs, a bruised lung and a concussion.

In 2005 I had an unsuccessful Carpal Tunnel Surgery done on my right hand (the side of the impact), which at the time after the surgery was deemed acute. I am now being treated for headaches, whiplash and pain in my wrist and forearm.

The at-fault driver has really good insurance in Ohio with a limit of liability of 300K, but car accident occurred in Florida. She was 100% at fault and was ticketed. I also have the police report with an eye witness and his statement as such. Her insurance company has admitted fault and we are awaiting the results of my treatment. I am curious of what general monies to expect? Thank you.

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 Anonymous,

Whether the collision occurred in Florida, Ohio, or any other state, the owner or driver’s insurance follows the claim. From the facts you present, in your case the at-fault driver’s insurance was an Ohio policy.

Although you mentioned the Ohio car or SUV insurance limits are $300 thousand dollars our research indicates the minimum policy amounts required by Ohio state law are $12,500/$25,000/$7,500.

These amounts are defined as follows:

-$12,500 dollars per person injured -$25,000 dollars for all passengers injured -$7,500 dollars for damage to the personal property of others

In your case if the at-fault driver carried the minimum policy limits the maximum amount of money you would be able to receive is $12,500 dollars

If you have evidence the amount of personal injury insurance the at fault driver carried was $300,000 dollars you can estimate your reimbursable compensation by taking your medical bills, referred to in the business as “Hard Costs,” and extrapolating that amount by a multiple of 1 – 10x or more.

It all depends on the amount of out of pocket expenses, lost wages, and the most intangible, but important determining factor, pain and suffering.

You’ll have to convince the at-fault driver’s insurance company’s representative, known as a Claims Adjuster, that your past, present, and future pain and suffering are worth the highest extrapolation of the Hard Costs as you possibly can.

Doing some investigative research into past jury verdicts for personal injury cases similar to yours may help you determine an amount applicable to your settlement.

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: June 18, 2017

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