I was in an accident earlier this year when someone pulled out of a basketball court (closed to the public but open to garbage trucks) and hit the side of my car. The vehicle damage was $3,000 and was from the front fender to the rear door. The vehicle has been repaired.
I also broke my wrist during the accident. I went in about a week after because I thought it was just sore/swollen. I have x-ray evidence that shows the broken bone and I had to be in a cast (on my dominant hand while in an intensive education program) for a month.
The total medical bills were ~$1700. I have also been trying to contact the at-fault driver’s insurance company for two months but have gotten the run around because the adjuster keeps changing weekly.
The first settlement amount offered was $3600. This seems low to me. What is a realistic amount I should counter with? I have not sent a demand letter yet. 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.
Dear Anonymous ,
Based on the limited amount of information, it is difficult to suggest an amount certain to ask for in your settlement demand. However, the amount the insurance company has offered may be on the low side.
In most cases, settlement offers for “soft tissue” injuries such as sprains and strains to muscles, tendons, and ligaments, minor bruising, abrasions, and 1st degree burns are usually once or twice the amount of the victim’s medical bills.
In more serious injuries such as fractures, concussions, 3rd degree burns, deep gashes which require stitching, and similarly serious injuries, claims normally settle for twice to three times the amount of medical bills, or more.
In your case it would not be unreasonable to demand about three (3) times the amount, or $5,000.
Speaking with several personal injury attorneys in your area would also be a consideration. Most will not charge for initial office consultations.
Learn more here: Side-Impact Collision Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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