When I was seven months pregnant a man rear ended our car. He had been driving recklessly and weaving in and out of traffic while speeding. He pulled up next to us and asked if we were ok. I yelled at him that we were not ok, I told him I was 7 months pregnant and needed to go to the hospital. He then took off. My husband chased him down and got his plate numbers. I then was taken by ambulance to the hospital and stayed there for over 8 hours doing tests, making sure I wasn't going to be forced to deliver. He hit our car so hard it totaled our vehicle. 2 days after the accident I had to go back to the hospital for more tests, because my son had not moved since the accident. I had to do more bloodwork, another vaginal exam, and an ultrasound. I also had to go to a chiropractor for weeks because my neck and back were stiff and sore. I am going to hear the settlement offer from the insurance company today and I was wondering if there are any experienced legal staff out there that can tell me how much is a reasonable offer. When I first asked the insurance man he said ';we usually start at around $500, but I know that is crap. I am trying not to have to call a lawyer as I will have to give them 30% of the settlement. THANKS FOR YOU HELP!LEGAL ADVICE about a car accident PLEASE HELP!?
I think you misunderstand.
They don't have to offer you any specific amount.
They can offer you $10 if they want.
So ';a reasonable amount'; simply doesn't exist.
If you're hoping to hear ';oh, well, you should get $50,000';, it doesn't work that way.
Assuming your insurance doesn't cover the bills of being in the hospital, etc....they'd come up with a settlement to cover that.
Otherwise, you're not in pain and suffering. A sore neck and back can be caused from sleeping wrong. That's hardly serious.
Your child wasn't/isn't in danger, so there's no compensation for that.LEGAL ADVICE about a car accident PLEASE HELP!?
So you're unhappy that they offered you $500 but you're not willing to hire a lawyer to get what you think is fair. Hmmm...obviously your ';emotional distress'; wasn't that bad or else you'd already have a lawyer and have the ball rolling on a lawsuit.
EDIT: Dear, where did I say you were trying to milk the system? Guilty conscience perhaps? Nowhere did I say you were trying to milk the system but you're not happy with the settlement yet you're on Yahoo Answers asking for legal advice. By your OWN words you're not trying to call lawyer because you don't want to give them any $$. I merely said that if that's the case then your emotional distress must not have been that bad. Reading comprehension is a beautiful thing sweety. If the situation was that stressful, which is sounds like it was, then buck up, hire a lawyer and hammer these people for what YOU think you're entitled to. It's obvious that they're hoping you go away with a ridiculous offer of $500. Do you really think ';you'; are going to say anything to them that will change their mind? Of course not, they're already low-balling you hoping you'd go away. Do the right thing, hire a lawyer and stop thinking what you have to give them.
BTW, lawyers give free consultations so you'd have a very good idea how much of a case you have prior to signing a retainer agreement. Why don't you actually THINK about what you're asking, READ your own words before calling someone rude. There are tons of resources out there at your disposal. I wasn't trying to be rude but it just sounds like you're not willing to do what you need to do to get the proper outcome. Unfortunately lawyers are a necessary evil in this world, make them useful, lol.
I'd guess around $1000. Like the other guy says, ';reasonable'; is whatever amount they come up with. This isn't a free payout for you, so don't go into this thinking you should hear tens of thousands.
You need to get an attorney yourself ,you'll never be justly compensated otherwise..You have a legitimate case her first of all whether you have health insurance or not they have to pay for your medical expenses plus pain and suffering .I used a lawyer who also had experience defending insurance companies and had great results,look for someone like that.A rough estimate would be 50-75k hoping they'll settle out of court for 1/2-but you'll need an attorney to get it ! Stop all contact with the insurance company and let your lawyer handle it all. good luck
If you have copies of the police report and pictures of the damage and receipts from the doctors visits.. you can consult with a lawyer for your best interests... or chat with your insurance agent... but the settlement should be for the value of the car, medical bills, extended medical coverage, lose of income, rental fees.. and various other items.. but you're settlement should be from 500 to several grand... but since you was pregnant at the time.. you really should consult a lawyer and your own insurance agent to be protected in your best interest...
It's been my experience that insurance companies pay very little - if at all - for emotional distress. The fact that your son is fine is Evidence that he was not harmed. Emotional distress is not a measurable 'injury' so there is no way to effectively compensate for that. If you insist on making a claim for that, be prepared for a lengthy fight, especially if you didn't seek the help of a mental health professional. You can expect your medical bills to be paid, at the very least. You may need to seek the help of an attorney on this one.
I'm glad your son is okay.
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