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latrailera2000 | Is this settlement fair? |
Ok, I asked for 40K They offered 18K, I owe $4,663.48 to pay back medical,lost wages=$11,759.43,asked for $4,272 for future medical. I lost my job because of this auto accident,(not my fault) I was on disability, but it was a non work related injury so my employer would not hold my position.This is without an lawyer. This has been going on for 2 years . The first time they offered 6K. What do you think?
Additional Details
The front end dammage to my car was almost 3K already paid by them. My injuries were upper neck and back nothing broken, but I get a hitch in my get along once in awhile from it. The other guy tried to pass me and clipped the front right side of my bumper which spun him sideways, he hit the K- rail, bounced back infront of my P/U, since I was still moving forward, I nailed him in the drivers door causing him to flip and spin around on his roof like a turtle( he's lucky he walked away from it with a few scratches).I have witnesses that stopped and made statements saying it was his fault. |
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mamatohaley+1
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If the stature is that close to settling you need to either settle or hire a lawyer ASAP. The lawyer will need time to prepare filing of lawsuit - which by the way sometimes means they will get upwards of 40-45% of the settlement if suit is filed.
If you have soft tissue injuries I think that is a fair offer. You are not going to get future medical bills. A soft tissue injury should resolve within several months. Lost wages seem a little high for soft tissue injury - it is possible they are not considering all of them. Soft tissue injuries are not worth that much money as they are not a demonstrable injury.
I would do this - I would counter offer with 25k. See what they come back with. They might go up to 19 or 20k and I would go with that. The thing is normally claims adjusters don't care if you go get a lawyer but if suit is going to be filed - as it will have to in this case due to the SOL running they will have to send it over to their legal department which often automatically costs about 3-5k. This means they have incentive to settle. Even tell them that if they are stuck on 18k. Say if they give you the 3k they are going to pay legal to respond to the suit that lawyer will file you will settle, that would make your settlement 21k.
Good luck |
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lil southern girl
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I work for a law firm, and I was going to say exactly what mamatohaley said. She's right on the money - figuratively and literally speaking. |
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golden rider
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What you have said they offered you and the fact that you lost your job due to their clients negligence, I would say no. What you put down in figures is $2,694.91 less than you asked for. If you have not settled yet go back in and tell them you will settle out of court for $30,000.00 and settle for $25,000.00, but don't tell them that, Or you are going to get a lawyer and go after the whole $40,000.000. It's only fair after what the suffering this person has put you through and the fact that you lost your job. They are feeling you out and hoping that you will settle for less out of court. They don't want you to take it to court, because they know they will stand to loose more. Stand your ground and don't let them bully you around. They will give in, if they want you to settle out of court. |
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shadow_runnr
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If I understand this, they offered $6,000. You demanded $40,000, they counter offered with $18,000. You have yet to make a counter demand.
With the limited facts as you present them, there might still be room to negotiate. Make sure to double check on policy limits and any statutory limits on wage loss or medical. Also know what your statute of limitations is so that you do not run out of time. Then consider what defenses they might have, and offer your counter. |
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johnny cee
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Without a lawyer it sounds good. But if you get a lawyer you may not do any better. On the other hand you might. But in any event the lawyer will make you wait longer.
I Cr 13;8a |
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bundysmom
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I'm gonna be honest with you...I think $18K is MORE THAN fair, especially for a soft tissue injury. I don't know how old you are or what your physical standing was prior, but what I do know is this...EVERYONE, and I mean everyone, suffers from what's called degenerative changes (breakdown of the structure) in their neck and back and this is what makes soft tissue injuries hurt so darn bad. The accident didn't cause it. Then you have an accident which sucks I know and is way more inconvenient on your life than what you ever thought it would be, but know this.....for them to offer you that high an amount for a soft tissue injury, i.e. muscles, you are VERY lucky. I would take it and run before you can't run anymore....and a lawyer isn't gonna get you any better than what you've been offered. |
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withluv7
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If you get an attorney he is going to get 331/3 of the 40k. You would be back in the same position if not less. BUT, tell the insurance company that anyway just to see what they say. You didnt mention lost future wages or any wages you may have lost between jobs. Tell the ins company you are considering an attorney to build your case because of your lost wages and they may negotiate a better settlement for you. |
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