Visitor Question

Settlement for getting rear ended while 34 weeks pregnant?

Submitted By: Anonymous (Rehoboth Beach, Delaware)

I was rear ended at a stop light one month ago (November, 2017). I was 34 weeks pregnant at that time. I got so confused of what to do and the driver who was at fault kept saying that everything looks good and we should just go, so I didn’t call the police just took his insurance information.

My back bumper was pushed in and my husband called his insurance after I got home. The guy admitted his fault and his insurance covered the car damage which was $600.

I saw my doctor the next day and they sent me to monitor the baby for 4 hours to make sure everything is okay. I have no idea how much the medical bill was because it went straight to the insurance. I have been stressed and scared to drive ever since, especially when I stop at a red light, and I have to drive 35 minutes every day to and from work.

I had a rash on my hands and feet for 3 weeks after that, but my doctor didn’t say what it is from, so I am not sure if it is from stress or from the pregnancy. I had to go back to monitor the baby last week because the heart beat was low and the baby was not moving a lot. Luckily, as of right now everything is good with the baby.

The insurance offered me $500 for the inconvenience and haven’t paid for the lost hours yet (a whole day lost from work to monitor the baby). Personally, I think that is unacceptable especially with all the additional stress I have to go through in my pregnancy. The insurance asked me if I have a number in mind but honestly I don’t and I am not good in negotiating.

How much should I settle for? Should I collect some documents from my doctor, even though they say the baby is good as of right now? Thank you in advance.

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,

Fortunately you and your baby are fine.

In the absence of injuries, a $500 settlement offer under similar circumstances is relatively common. So is any amount up to $1,500. Five hundred in addition to the six hundred dollars for your property damage brings the settlement up to $900.

While a settlement offer of about five hundred dollars under similar circumstances may be common, you would be remiss in not asking for an additional amount representing your lost wages on the day you had to be away from work to monitor your baby.

Obtain from your employer a statement verifying the amount of wages you lost on the day your were unable to work. Add that amount to the nine hundred dollars already offered. Also add the cost of the medical treatment you received. Then negotiate from there. It would not be inappropriate to demand (in addition to the property damage, lost wages and medical bills), fifteen hundred dollars to settle your claim.

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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 with your claim,

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