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Additional Details
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Additional Details
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XistenZ
Should I accept this car accident settlement?
Last November I was rear-ended sitting at a stop sign and pushed into the car ahead of me (I was 0% responsible). Air bags deployed, seat broken, and the car was totaled. I was wearing my seatbelt and suffered lower back pain and whiplash. It took 1 visit to doctor some meds and 6 visits to the chiro and treatment as far as I know is complete. I don't want to get a lawyer, and I have read a bunch of other posts about lowball offers. I want to counter but don't know for how much. They offered 500 dollars above medical costs for pain suffering and inconvenience. I missed work but had no lost wages. I had a rental car for 2 weeks before I bought a beater. I am in my early 20's and live in WI.
Additional Details
to answer user comments:
*Car has been taken care of settled for 10k which I think was fair.
*I am not being sued by the person I got pushed into.
*all expenses have been covered, I am dealing with future expenses of medical(deemed unnecessary at the time by my chiro) pain, suffering and inconvenience.
*Total payout including car is only at ~13k



Show all answers
Post your answer

?
Hire an attorney

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mercinineteen
You need an attorney. It is the American way.

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iGNORANT GiRL
Rating
GO TO COURT

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duster
legal counsil at the start, shuld have been first choice. Most lawyers will not charge any fees, unless they win the case.

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Lee M
Do not settle. Get an attorney on a contingency. You will get 100,00.00 easy. Your attorney will keep 30 - 40 %. You could tell the insurance company you are going to consult an attorney and they will up the ante'.

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ishowtt4beads
Your insurance company should be helping you out on this, you should'nt be doing it on your own. If I were you, I'd contact your ins. agent, if he's of no help then talk to an attourney. I wish you the best of luck.

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Heather B
Rating
You have to figure in what you are going to waste in attorneys fee's should you take this futher.....We all know that the lawyers are usually the ones that get the most gain from going after insurance companys for more money. I would try and negotiate with the insurance company and see what you can do before I would contact a lawyer.

I would also have added into your settlement with them that they are responsible for any further medical treatment in regards to your back pain. You never know what can come about 2-3 years down the line from an accident.

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UCANTCME
IN THIS SITUATION YOU SHOULD HIRE AN ATTORNEY.


If you’ve been in an accident and you’re uninformed, you have little or no concept of the ultimate value of your possible recovery.

Because of this, you’re less able to make appropriate demands. As the claims negotiation process moves towards a close, you’re settlement demands are very often too low or too high.

You’re ignorant of the accepted principles, which justify your demands. When you attempt to negotiate a settlement with these handicaps, you run a strong chance of being victimized.

The amount of compensation you should be paid isn’t found in a crystal ball. Rather, a number of simple factors such as the type of accident, related injuries, out-of-pocket expenses, medical costs and lost wages all go into determining how much a claim is worth.

What amount an insurance company is willing to pay actually falls into a fairly narrow spectrum.

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lucy
when an insurance company makes an "offer', they usually have more they can pay; but in this case, they offered you $500 over the med bills, so i suspect that the max they can offer would be $750 to $1k; you have what they call a soft tissue injury, so the value of your injury is less vs someone with serious injuries.

you had minimum treatment that is reasonable which is in your favor; a lot of people think that if they continue treating and more medical bills they will get more; sometimes that backfires and the adjuster will state not medically necessary or not related to the auto accident, so then they are stuck with the addtl bills;

very rarely companies will settle and offer to pay for "future medical bills". then it becomes a fight to determine if related or not to your accident. or==if you start treating say 6 months later, they can then request your medical records for 3 to 5 years to verify if pre-existing;

as for lost work; did you have a doctor statement show you were unable to work? if so, when you missed work, and did not miss wages, was it because you took personal time or vacation time? if you were paid personal or vacation time, that is time you lost; if you were on salary and paid regardless, then no lost wages.

my suggestion is to counter $1k; the adjuster will either agree or say that it is over the authority to settle on your claim; the adjuster may then counter with $600; at that point, you will have an idea of how much max they will pay. or, the adjuster may say the max i have to settle your claim is $625;

as for an attorney;;;;;;dont think that the insurance company will be scared and pay more; we laff about attorneys, especially the ones who you see on tv; they may offer more, but by the time the attorney takes his 1/3, you will most likely get less than what they offered you now;

insurance companies have really tighten their belts on injury settlements; i have worked at some companies who only paid $50 or $100 for your pain/suffering and wont budge for any more even though the person hires an attorney. if the attorney should file suit, then it takes about 2 years for it to be settled; the court system moves real slow. even in a suit, that is no guarantee you end up with more; it is a crap shoot.

as for the car and rental, that is a done deal;

good luck

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aaandh
Rating
Talk with your insurance agent. Most of this should be handled by them.

If you are looking to sue, You may try looking for a lawyer that has the policy of "if you win then you pay their fee" type thing. This way you are not out any money.

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carrieazgirl
Rating
I'm a chiropractor, i see auto accident patients everyday. I hope you got treatment for your injury. Having said that the settlement they offered you is very low, that is why they are offering it to you because you don't have an attorney. Patients without a attorney don't get anything. Its sad but that the way it is.

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CCRIDER69
Rating
$500.00 ?????
THAT'S CRAZY!!! HIRE A PERSONAL INJURY LAWYER...THEY MUST THINK YOUR STUPID!!!

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Gerald
Rating
You better get some help--2 doctors and 7 office visits. And you are perfectly healthy--absolutely no pain??? I got rear ended 20 years ago and I still hurt... Call the accident attorneys---they get paid out of the settlement. Don't agree to nothing--SUCKER...

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trojan
If they have paid for all costs and you are satisfied with such a low pain and suffering amount then it's really up to you. Just don't ever sign off on future medical bills. I suggest you seek a lawyer about it. You may feel good now but the future is unknown and you could continue having problems or acquire new ones not diagnosed at that time.
Insurance company's are looking out for themselves and will pressure you to sign off for any future medical costs. Look after yourself and don't let them bully you into signing anything without considering what the future may entail.

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dolce
Rating
Did your insurance cover your medical and chiropractic fees as well as the cost of the rental car? If not, do yourself a favor and hire the attorney. $500 is a bit of a pittance for what you've gone through. Besides being out of work your car was totaled. It seems rediculous to settle for such a low offer when the person who hit you obviously caused you far more than $500 worth of inconvenience and suffering.

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David P
Rating
500 doesn't seem like much. What about yuor car replacement, rental fees, missed wages, etc.? Most people have already covered this.

My two cents: There are many places where you can get a free consultation with a lawyer and don't have to pay unless you choose to have them take your case. They should be able to tell you resonable expectations if you go to court (i.e. their cost vs how much more than $500 you can get..etc)

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sprtskid2
Rating
i would ask for the amount of money it would take to fix ur old car the med bills (if any) and the rental car u needed for the 2 weeks

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Thingamajig
Rating
you dont mention if you were being sued by the person ahead of you. however you should be entitled to claim for any losses incurred as a result of proven negligence by the person who rear ended you including damage )unless coveverd by insurance) car rental and medical costs , including reasonable pain and suffering, contacting a lawyer or a community advice centre should start you on the right road..

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bundysmom
Rating
$500 is there first offer, based upon the medical treatment you received I would counter with $1500 and meet somewhere in the middle.

On a side note: your property damage is a seperate damage and has no bearing on the value of your injury claim. Hiring a lawyer only takes money away from you and adds no value to your claim.

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skcs11
Rating
$500 is way to low

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amich45
They should also pay for your car that was totaled and maybe the rental car. Don't accept.

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Uncle Red
I had this happen to me in my car two weeks ago, you should really seek an attorney as they are trying to close the books, let them know you are still in pain and will need more time, they will raise the amount the longer you hang on.... They want you off their books ASAP and have you sign papers saying you are OK , but you should get an attorney to do the talking and shut them up before you really get hurt

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semi273hemi
I bet they want to settle for $500, how about $5000...
They are throwing you a low ball so you can give them your high number. Almost like trading for a car...

In some states you have a time limit and if they get by the limit with no settlement you are out of luck, be careful...

You can contact a local attorney or your insurance carrier to find out what the law is in your state.


Good Luck,

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smcgilli
$500? No way. Ask for $10,000 then settle for $5,000.

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wrensnest
DO NOT ACCEPT THE IDIOTIC OFFER OF $500 OVER MEDICAL EXPENSES!!! YOU WILL SUFFER FOR YEARS WITH YOUR BACK AND NECK INJURIES. GET YOUR OWN ATTORNEY TO PROTECT YOUR INTEREST. THE INSURANCE COMPANY WILL OFFER YOU THE LOWEST AMOUNT THEY CAN HOPING YOU WILL SETTLE. DO NOT SETTLE. DRAG IT OUT FOR AS LONG AS YOU CAN. THEY WILL EVENTUALLY OFFER YOU A REASONABLE AMOUNT. TAKE IT FROM ONE WHO HAS BEEN THERE AND AN STILL HAVING PAIN FROM AN ACCIDENT I WAS IN IN 1988. TAKE THEM TO THE CLEANERS.

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Jazzy, I Miss U Love!
Rating
Definitely talk to an attorney. Usually the first consultation is free. Don't accept the first offer, especially if it is just $500.

Good Luck!!

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M G
Rating
Let them know you will be talking with an attorney. That in itself may get you a few more dollars.

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oklatom
Does it cover all your medical bills? Did they give you fair market value for your car? Are you happy with the offer? If so, accept it, if not, don't.

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SmartA$$
Rating
$500 is a joke, ask for $5000 just for pain and suffering, plus they should pay for all your medical bills, the cost of renting a car and replacement cost of your totaled car.

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vikram t
Rating
go to court instead of a beater u ll be able to buy a lambo go to court

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