I was a rear seat passenger in a chronic car accident. I broke my back in 2 places, broke 3 ribs, ruptured my spleen (3 Cm's),.fractured my left hand, punctured my bowel and my liver. I still have much pain and take codeine several times per day. My back movement is still limited and I have hydrotherapy twice per week. My claim has been accepted by Allianz Ins. They offered me $ 20k to settle, to which I refused. Has anyone any ideas to what an average compensation settlement may be in my case? I am a 49yr old female who was extremely active before this accident. Also, are there any suggested sites available where I may get an idea what is a reasonable compensation claim to expect?
Thank You.
Answer by Jim Beam
keep refusing,or get a lawyer.
im sorry your so f---ed up.hey those injuries last a lifetime.if you take a weak settlement like that make sure your mediacal for the next 60 yrs is covered.you were about dead,geez
Answer by trurider t
Sounds too low to me and I am experienced in these matters. Get a lawyer. The other side have already accepted liability so they will pay the Lawyers costs.
Answer by Mushu
With injuries that severe, you need an attorney. Don't try to negotiate this on your own.
And to clarify another answer: The insurance company will not cover the lawyers fees, those will be taken out of your settlement, and you won't get more in the settlement to cover the attorney.
Answer by Entidtil
There are no averages, there is no schedule of benefits, there is no chart to look at. There is no way to look at what someone else got and expect to get the same. Each case is handled on it's own. From your description of your injuries, I would say that you should seek something in six figures though. Before you hire a lawyer, though, seek advice from a savvy friend, a businessman, professional, a good negotiator. Someone with good logic and common sense.
One tip: Do not let the amount of the at fault party, insurance limits influence you in any way. Ask what you think you deserve regardless of the policy limits. You may very well have to get a lawyer but I would do so only as a last resort because a lawyer will typically end up with more than you get and will drag the case out for years.
Answer by MSAD
Lots of information we need and don't have.
What are the per person policy limits?
How many people were in the car? Were they injured as well?
If the per person policy limits are $ 20K and they are offering you $ 20 - that means that's all they can offer. Period. $ 20K would be the Max. There is No Way to get a higher offer from the insurance company. Hiring an attorney does not change the policy limits. Even with the best attorney in the universe, the policy limits are still the max payable by that policy. So, what are the policy limits?
If there were other people in the car and they were injured just as badly, they may be taking the total limits and dividing them equitably between all parties involved. That way, everyone gets a little piece of the pie - instead only one or 2 of you getting pie and every one else get's none.
If they are exhausting their policy limits - your next step would be to contact your car insurance company and file a claim against your Under Insured Motorist Coverage. If you don't have that - you're S.O.L.
You can always turn down the offer and hire an attorney and sue the other driver - but if he does not own a pot to pizz in, you won't ever see a dime. You'll never get paid. If you get a big enough judgment against him, he may declare bankruptcy and your judgment gets wiped out with the other debts.
If you accept the insurance companies limit or offer, they will have you sign a release that prevents you from suing their policyholder. You don't get the money and retain the right to sue. But if the guy has no assets, no ability to pay, then suing is a waste of time and money. Getting the judgment is the easy part. But if they don't have the ability to pay you -- you'll never get any money.
Every claim is evaluated based on it's own merits. There is no web site that will tell you what your claim is worth.
Answer by lucy
Read MSAD answer since she is right on the money.
You have 2 other options available to you. Do you own a auto and if so, do you have auto insurance? Call them and find out what kind of insurance do you have and get their advice. The car you were a back seat passenger in, who owns that car and does that car have auto insurance? On either your own auto policy or the car you were in at the time of the accident, you may have a claim for your injuries. But both of those policies would need under-insurance to cover you that is more than the minimum limits where you live. But that would mean you would need to call and ask them.
My guess like MSAD is that the $ 20,000 is the limits of the policy and that is the maximum they will ever pay you period. Since you were a back seat passenger that sustained the serious type of injuries you received as a result of this accident, that there were other passengers in this car who also had bad injuries and are also claiming a settlement. And like she said, in many cases where there are multiple people injured, then they can only pay so much and split it up like a pie so that everyone gets something.
Don't hire a lawyer since if the $ 20,000 is all that they have, then the lawyer will take 1/3 of the $ 20,000 out of YOUR settlement.
Talk to your and/or the car owners insurance company to see what your options are.
good luck
Answer by Baa Baa
I think you need an attorney if you want more than the $ 20K. You certainly deserve more than that. Keep in mind that an attorney is going to take a huge portion of the settlement even though they will most likely get a lot more than the 20K for a settlement.
My good friend had a similar situation like yours. They offered her 20K without any attorney in the picture yet. She asked them for 25K and told them she would go away and it would be all over. They were stubborn and told her no, so she got an attorney who was asking for about 75K. This went back and forth between them for at least 3-4 years. They finally settled on 40K and the attorney took 23K for his work. My friend ended up with $ 17K by the time it was all over. She could have saved herself a lot of grief and would have ended up better off if she would have just settled. The insurance company certainly lost out in the end and the only one that really got the most was the attorney.
Her injuries were not nearly as bad as yours so I do not think you should ever settle for the $ 20K but I would come up with an amount that I feel is fair and ask for that. If they turn you down, talk to an attorney or several attorneys before you decide on one. They give free consultations most of the time for something like this and just see what they tell you. I don't know how true this is, but an attorney once told me they ask for 3 times your medical bills. At least this is the way he figured it out.
What do you think? Answer below!
Orignal From: about motor vehicle compensation claims?
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