Sunday, August 22, 2010

LEGAL ADVICE about a car accident PLEASE!?

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!?
CONTACT A LAWYER


They are trained in the law, make sure they are well recognized as accident lawyers-30% is not bad considering they know about, pain, suffering, accident, vehicle appraisal, hospital bills paid for, out of pocket expenses etc.


Usually a case like yours has so many ramifications that your looking at $300 to 500,000, so do not fool around and cut yourself short for a 30% fee because you will be getting 70% and do not have to hassle with the companies.


Good luck..LEGAL ADVICE about a car accident PLEASE!?
Without knowing the worth of your vehicle, or amount of your medical bills, no one on this site will be able to offer you any advice. It's not a number a person can just throw out there, it has to be a calculated number.
you are entitled to medical bills and the cost of the car at the depreciated value and maybe a grand for pain and suffering





you arent entitled to millions
You need to contact a lawyer.
What Zack said...You have to total up your actual damages which we have no idea of. You are also entitled to some pain and suffering but don't go crazy with it or you will be rejected out of hand. So many people erroneously equate being in a car accident with winning the lottery. They think they're going to get rich but that is rarely the case. By law, you are only entitled to be ';made whole'; again, not made rich. Be aware that if the insurance company is aware that you don't have legal representation they will try to low ball you ($500? lol....) If you reject the offer they give you today (and you probably will....), total up your losses and make them a counter-offer. If they reject your counter-offer you just might be better off with an attorney even if you do have to give them one third. Also, if you go with an attorney it's going to be alot longer before you get paid.
it should be enough to pay for all of your medical bills, the real value of your vehicle, and anything owed on your vehicle that your insurance didn't cover when your vehicle was totaled out plus a good down payment (20%?) for a new vehicle--ideally something along the line of what you lost.





you're going to have to gather your bills and do some math to figure out what you need and what is fair and reasonable.





If they will not pay that amount to you then you hire a lawyer and demand that amount plus 50-60% more to cover your lawyer's and court fees and the inconvenience of having to take them to court. BTW: if it does wind up in court, it will drag out and be several years before you see any money.
The person above is correct - there is no magical number. Many insurance companies consider 2-3 times your medical to be the highest they will offer. (i.e. your medical bills are 1,000, you should expect no more than $3,000) Property damage is not included, it is a separate claim, use private party value on KBB and look up your local laws for taxes, licensing, etc on NADA.com. There is no payment for ';I was almost hurt'; or ';My baby could have been hurt'; Remember that the insurance adjuster has two jobs - settle the claim as quickly as possible for the least amount of money possible.
When negotiating settlements, the key is to show that you are being reasonable. I would say add up the cost of the hospital visits and chiropractor visits, plus the blue book value of your car, and ask for 70% of that. If your health insurance rates will go up as a result, then add something for that too.





Explain that you could ask for 100% but you are showing goodwill by only asking 70% because you realize there will be legal fees and are willing to pass the savings to them. It's important you make them feel like they are getting a deal by taking your offer.





There is a good chance they will accept it because it's definitely less than what they'd figure to pay if they lost the case. It's also not that bad for you because it's pretty much the minimum you would get if you won, but you save all the hassle and you don't have to take the risk of losing the case on a technicality.
I would go to your local C.A.B. outlet %26amp; go from there..Probably if was


me would put in a claim for something like,$80.000 %26amp; make them work


backwards..You had to be transported by ambulance %26amp; did the hard yards for over 8 hrs..Plus the chiropractor,no easy feat when pregnant.


Also the inconvenience of the car being totaled,making it difficult for


your hospital visits..


Congrats on your pregnancy,hope all goes well for you..Please take


care out there,huh..My very best wishes for a stress free birth..

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