Rear Ended Accident Settlement Claim Help?

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Hi I was rear ended in Aug 2016 causing $7800 damage to my 2012 Honda Accord. I had position vertigo, Concussion along with soft tissue damages. My Medical Bills total $3575, Lost Wages $2351. Adjusted called me with an offer for $2000 in pain and suffering even though treatment lasted 6 months and first 2 months couldn't do anything because of the vertigo. Do you think this is a fair offer? I am getting .65x my medical bills for pain and suffering. this seems low to me? Let me know if anyone can give me some insight on how to deal with this. I tried to negotiate a higher demand, but adjuster says this is the most I can pay for this type of injury. He was not willing to negotiate anything else or work with me.

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Stop right there. Get a lawyer, put him/her to work. Do not talk to the insurance company yourself again and hope you already didn't mess this up somehow.

Do this on your own and you will get screwed.

Insurance adjusters will always lowball you. It's part of their job. Get a Lawyer...now....google Personal Injury and do not go with someone who advertises on TV.

I was in a similar type of accident years ago except my Honda Accord was totaled. I realized quickly that dealing with the insurance was going to be challenging and draining. I was not going to be able to work and handle this on my own. I did hire an attorney. The insurance company low balled me on the offer on the car. The attorney told me that they know most people need the $ to get into another car so that is why they do it. his advice was to get another car if possible without needing the insurance money. the downside is the totaled car sat in my driveway for 3 long years. the insurance company played some games but they screwed up. The attorney caught them missing a critical deadline. we went to court and got a default judgement. that got the insurance company's attention. they handed the case to outside counsel. that was when we received a reasonable offer on the car. I had pulled and printed copies of similar cars with same mileage. I provided that proof.

Focus on your healing...it takes a while to get back to feeling better.

Find the best personal injury attorney you can. ask whether they have dealt with the insurance company you are dealing with. Its helpful if the attorney understands the tricks these companies play.

one more thing...assume the insurance company and adjusters are recording everything you say.
i know someone that was in an accident. the guy that had the damage claimed he had no physical injuries. the insurance had the recording going. then he came back later to sue for physical injuries. insurance companies typically settle these suits. i think this guy just saw a way to scam some $.

this is another reason to have an attorney.

xit said:   i know someone that was in an accident. the guy that had the damage claimed he had no physical injuries. the insurance had the recording going. then he came back later to sue for physical injuries. insurance companies typically settle these suits. i think this guy just saw a way to scam some $.

Maybe, maybe not. Injuries can become apparent only when you come down off the adrenaline or when you go back to work or try to perform some routine activity. That's why the standard advice is to never make that statement. I've always said that I'm not having any issues yet when asked. The odds of having something crop up later go way down if you wait a week or two before assessing the situation.

Get an attorney ASAP

My friend Donald was involved in a minor accident last year. His <1-year old car was totaled but other than some whiplash, he was mostly fine. Donald's attorney referred him to a doctor to get checked up and receive treatment. Four months later, they were able to recover a $15,000 settlement for pain and suffering, medical expenses, and attorney fees. The settlement was split three ways with the attorney, doctor, and Donald.

If you experienced significantly more pain and suffering, your settlement should be appropriately higher.

Get an attorney now.

RussellJohnson said:   Get an attorney ASAP

My friend Donald was involved in a minor accident last year. His <1-year old car was totaled but other than some whiplash, he was mostly fine. Donald's attorney referred him to a doctor to get checked up and receive treatment. Four months later, they were able to recover a $15,000 settlement for pain and suffering, medical expenses, and attorney fees. The settlement was split three ways with the attorney, doctor, and Donald.

If you experienced significantly more pain and suffering, your settlement should be appropriately higher.

Get an attorney now.


Wait, a minor accident yet a <1 year old car was totaled? Something doesn't seem right.

ach1199 said:   
RussellJohnson said:   Get an attorney ASAP

My friend Donald was involved in a minor accident last year. His <1-year old car was totaled but other than some whiplash, he was mostly fine. Donald's attorney referred him to a doctor to get checked up and receive treatment. Four months later, they were able to recover a $15,000 settlement for pain and suffering, medical expenses, and attorney fees. The settlement was split three ways with the attorney, doctor, and Donald.

If you experienced significantly more pain and suffering, your settlement should be appropriately higher.

Get an attorney now.


Wait, a minor accident yet a <1 year old car was totaled? Something doesn't seem right.

  
Yep. Front driver impact broke the axle and some internal damage of a Fiat 500e. I'm guessing electric cars are not fixers.

Do you still have vertigo?

RussellJohnson said:   
ach1199 said:   
RussellJohnson said:   Get an attorney ASAP

My friend Donald was involved in a minor accident last year. His <1-year old car was totaled but other than some whiplash, he was mostly fine. Donald's attorney referred him to a doctor to get checked up and receive treatment. Four months later, they were able to recover a $15,000 settlement for pain and suffering, medical expenses, and attorney fees. The settlement was split three ways with the attorney, doctor, and Donald.

If you experienced significantly more pain and suffering, your settlement should be appropriately higher.

Get an attorney now.


Wait, a minor accident yet a <1 year old car was totaled? Something doesn't seem right.

  
Yep. Front driver impact broke the axle and some internal damage of a Fiat 500e. I'm guessing electric cars are not fixers.

  
and not safe??  I'm thinking of getting one till I get my model 3 . They're going for around $8K!

I would guess they're as safe as other small cars. They sure are fun and cheap though.

Call Mike Slocumb on the hurtline or any of the other ambulance chasers on daytime television.

RussellJohnson said:     
Yep. Front driver impact broke the axle and some internal damage of a Fiat 500e. I'm guessing electric cars are not fixers.

  Minor damage for the driver, major for the car. The car did it's job absorbing the impact and preventing greater injury to the driver.

vickh said:   
RussellJohnson said:   
ach1199 said:   
RussellJohnson said:   Get an attorney ASAP

My friend Donald was involved in a minor accident last year. His <1-year old car was totaled but other than some whiplash, he was mostly fine. Donald's attorney referred him to a doctor to get checked up and receive treatment. Four months later, they were able to recover a $15,000 settlement for pain and suffering, medical expenses, and attorney fees. The settlement was split three ways with the attorney, doctor, and Donald.

If you experienced significantly more pain and suffering, your settlement should be appropriately higher.

Get an attorney now.


Wait, a minor accident yet a <1 year old car was totaled? Something doesn't seem right.

  
Yep. Front driver impact broke the axle and some internal damage of a Fiat 500e. I'm guessing electric cars are not fixers.

  
and not safe??  I'm thinking of getting one till I get my model 3 . They're going for around $8K!

  Easily damaged doesn't necessarily equal not safe.   Much of the serious damage is intentionally engineered in to absorb energy and protect the cabin space. 
 

You might get a better answer if you say what state the accident occurred in.

I was driving my employer's vehicle for work purposes and the vehicle was hit in the rear. A police officer witnessed to collision. I had soft tissue injuries, missed 5 weeks of work, and went to physical therapy for a few months. Since it happened while I was working, I received worker's compensation pay from my employer. Because of my state, my own insurance paid for part of my medical bills (PIP) and then my employer picked up the rest. I did not use a lawyer but I waited about a year before agreeing to accept a settlement. They made an initial offer of about $14,000 and I was able to easily negotiate them up to about $15,000.

Don't just sign with any atty if you decide to .After case is one year old the atty will get fifty percent of the claim ,negotiate that amount down .All expenses will come out of your part of the settlement .Just keep that in mind .

RussellJohnson said:   The settlement was split three ways with the attorney, doctor, and Donald.

 

  

That's not an ethics violation for the doctor to charge a contingency fee?

taxmantoo said:   
RussellJohnson said:   The settlement was split three ways with the attorney, doctor, and Donald.

 

  That's not an ethics violation for the doctor to charge a contingency fee?

  I doubt that it's legal in most states; however, it could be that the medical costs were exactly 1/3 of the settlement.

I was rear-ended in 2014. My car should have been a total loss, as they ended up spending about 20k to repair a car work 11 and change. This managed to happen because it went to and from the Body Shop 9 times because the kept "finding" damage they didn't find before and my claims adjuster kept insisting on repairing it. He was a little to friendly with the Body Shop owner, but that is a whole other story. The guy who sold me the car is a friend of my dads, and he is an attorney and thought that I should have made a bad faith claim against my insurance company because my property damage claim was being handled by my insurance company.

I has a couple of doctor visits, as I was banged around quite a bit. I didn't want to hire an attorney and elected to deal with it myself, especially since the woman who hit me only had state minimums. Long story short, I ended up taking a huge loss on the the car and wasted a ton of time between doctor's visits, dealing with the claims adjusters, and especially the Body Shop (and eventually the department of Insurance and department of auto repair.) I did not feel that is was that badly injured, so I took the PI settlement of around 1700 from the at fault's insurance company. Now, almost 3 years later, some medical conditions have been determined to have been made worse by the auto accident, so much so that my health insurance company has tried to go after my auto insurance policy that was in effect at the time (they told them to pound sand). And I am stuck dealing with the medical problems, and my former insurance company trying to recover from the at fault party. She totaled her 18 year old car ramming into me, had state minimum insurance, and this collision was the fourth she was 100% at fault for that year. Good luck getting any money out of her.

If I had to do it all over again, I would have hired an attorney. I wasted a ton of time and lost a lot of money because of all this. It is, unfortunate that people have to do this and it is the reason we pay so much for auto insurance. The day that the responsible parties insurance got the claim, they tried to offer me $100 for pain and suffering...Before I had even seen the doctor...



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