I got into a pretty serious car wreck yesterday. The other guy admitted responsibility for it to the cop and the cop wrote him a ticket for it (Failure to Control Speed).
I’m sore and my neck hurts, but I don’t have any serious injuries. I went to the ER yesterday to make sure. The doctor said I’ll be very sore for a week, will feel a little better next week, and should be 100% in a month.
The question: what’s a fair rule-of-thumb for compensation for my pain/inconvenience? I don’t want to get a lawyer, and definitely won’t exagerate my injuries in any way. Don’t know if it matters, but I had no property damage, as I was in a dealers’ loaner car.
Any guidance people could offer would be appreciated. And to avoid a bunch of disclaimers, it should be assumed that nobody in this thread’s a lawyer. Thanks in advance for your help.
Car your local bar assn & ask for a half hour talk with one of their members, usually its about $25.00 I dont know why you would want to take info from non lawyers.
Handy: that’s probably a good idea. The main reason I pose the question here is that I really have NO idea what to expect.
MrPeabody: That’s exactly the kind of guidance I’m looking for. I’ve heard the “3 Times” rule from someone else. Again, I don’t want to make a big deal out of it, with a lawyer and all. I’m just looking to know what an appropriate offer is.
Also, the guy was driving very recklessly, and deserves more than the $100 fine he’ll probably get for the ticket. To give you an idea, he was doing at least 75mph (he admits to 65 to the cops) on Interstate 75 in Dallas at rush hour. Traffic was going about 40-45mph. He was darting in and out of traffic in a little souped up Acura Integra. Does my pursuing pain/suffering have any greater impact on his insurance rate?
One more thing, if you have a small injury claim it is sometimes not in your best interest to get an attorney.
If it is a small claim the insurance company may make you a fair offer quickly. If you hold out for an attorney you can end up will less after the 30-40 percent contingency fee.
If you do need an attorney you may consider having his fee come out of the increased amount he is able to negotiate for you.
Five years ago my wife was rear-ended and suffered whiplash. It sounds similar in severity to your experience. The insurance company offered $500 and we took it. Life’s too short to spend time chasing down every last buck. Plus we all pay for it in the end with higher insurance rates.
Macro Man, well if you want to know how it works…lets see, first of all you are more likely to get more money if your keep a daily journal of how you are feeling…Also, consider calling the insurance company & asking for the money you want. I did this once, they just asked me how much I wanted & then said fine & sent me a check.
The first half of this is good advice (keep a journal). The second half is bad advice (call and tell them how much you want). If the insurance company is prepared to fork over $10k, but you call and say you want $2k, how much do you think you’ll get? Why show your hand?
Well, an anecdote. I cracked my hip in 2000, but since it wasn’t permanent (in other words, it would heal and not impair me in the future) I got no compensation. On the other hand, I have a (basically invisible) scar beside my left eye that got me over six hundred dollars.
“how much do you think you’ll get? Why show your hand?”
Because they pay fast! If you don’t want to try to get a court date, wait for a trial, wait for payment & or appeals (appeals take forever), this is the way to go. BTW, lawyers take quite a share too.
Well, at least try to get them to make an offer, first:
Insurance Company: “Well, Mr. Man, how much of a payment would it take for us to settle this unfortanate matter?”
Macro Man: “Well, Mr. Company, how much are you willing to pay me to keep me from calling one of those 1-800-number mad-dog personal injury lawyers who advertise on TV, and making your life miserable for the next year or two?”
Just curious, MM. How much do you think you deserve?
Some neck pain for a month? How severe? And what does it keep you from doing? What was the inconvenience? Any missed work? What are you out of pocket? An emergency room visit? Was there a copay on your insurance?
I’m not saying you shouldn’t grab for all you can get - just curious what YOU consider fair.
Finally, tho I personally tend to be extremely suspicious of claims of soft-tissue injury, a great many folk complain of chronic conditions developing considerably after the trauma. So don’t be too hasty.