Car Accident Settlement

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endlesszeal

Senior Member
Welps I got rear-ended by a teen about a month ago while he was using his cellphone. It was a 55mph zone and I came to a full stop because some dick face ran a stop sign (I had right of way, no stop sign). The kid clipped my rear right and managed to tear of the bumper and push/punctured my exhaust. The damage wasnt extensive, but I managed to injure my neck and back (Im 5'6" and 125lbs).

Anyway, I didnt get an ambulance, but I started to hurt right about 30min to an hour after the incident and I checked into the local ER; now seeing a chiropractor. I was wondering what is the typical settlement for these cases?

My total medical bills is about $5000, car repair is about $3500 and I took about 3.5 days off work because I couldn't work. Can I include the hours I spent taking time off for chiropractor visits? I dont have any worker's comp or any type of benefits yet so everything has been out of pocket or put on a tab.

Im not looking to get an attorney unless I feel its an unfair amount, but we will see.

Thanks for inputs fellas!


CLIFFNOTE: I got rear-ended, total bill for meds+car payment is $8500. What can I expect for settlement and can I add hours to wages lost that I used to visit the chiropractor.
 
buddy of mine just had about the same thing happen.
numbers were pretty close as well cost wise.

he got 11k. thats for the car (value of about 6k-ish) and for lost hours/medical expenses.

his car was totaled and he received more than you are on your estimate, but his medical was about 2k i think.
 
At least call some lawyers and ask about a free consultation.
 
I'd hire a personal injury lawyer. I don't know where you're located but here in Virginia we have Allen Allen Allen & Allen (no that's not a joke). They are pretty good... my buddy had a similar situation and paid like 2k for the lawyer but ended up getting like 15k out of the settlement.
 
Chances are you can get paid from time off work and for pain/suffering on top of the damage and medical
 
the problem is if the teen was underage your techincally going to be after his parents.
 
As much as I hate to say it lawyer up. Let them deal with it. They will be able to get you more than you would be able to on your own. Settlement values will vary with in your local area.
After I was in a major accident, the lawyer got me a bigger settlement than I would have gotten on my own. In CT you need a lawyer to sue for personal injury. I had minor surgery and we thought I was going to need another surgery.
 
I wish I had gotten a lawyer when my rental car's transmission grenaded when I downshifted and swerved to avoid a deer (lesson learned, never swerve to avoid, maintain course.) I wound up spinning several times, and totaled the rental.

I instead had medical covered and everything but my deductible -- nothing for the work I lost from my business.
 
definitely call you insurance
i don't know about your state but in NY you don't need to pay any medical out of pocket, it all goes through no-fault
and don't be quick to settle, have them cover your medical bills and the car for now... but don't jump on some settlement until you know what you're looking at long term
as soon as you're out on a settlement they no longer have to cover medical bills etc, and when you're still going to a chiro a year from now its going to add up
i was rear ended just like you, and i still have problems with my neck, and this was years and years ago
 
yep....

try on your own first.

then get a lawyer.

don't sign anything until you're sure its enough to cover you for the rest of your life. once its done, its done.
 
Much appreciated for the tips guys! Im located in California, and luckily i have full coverage on myself, so AAA is taking care of med bills up to $5k and fixed my car. Now theyre gonna go after Nationwide for the expenses. Anything exceeding the $5K has to be put on a tab or paid out of pocket and until i am reimbursed with the settlement.

ill definitely contact AAA and ask what the typical settlement is or if they can represent me. Ive been searching for a lawyer but ill wait until what Nationwide says before I get quotes and consultations.

i also want a second opinion on my condition besides a chiro because theyre consider "alternative medicine/unproven." but no one wants to deal with insurance claims so thats been a struggle; finding a primary physician.

anyway, im not looking for a pay day. i just want to be sure i dont get screw a few years down the line and have to get surgery. my lower lumbar already had some wear and tear, but its unknown if the accident has compounded to it. but i hope all goes well.
 
endlesszeal said:
Much appreciated for the tips guys! Im located in California, and luckily i have full coverage on myself, so AAA is taking care of med bills up to $5k and fixed my car. Now theyre gonna go after Nationwide for the expenses. Anything exceeding the $5K has to be put on a tab or paid out of pocket and until i am reimbursed with the settlement.

ill definitely contact AAA and ask what the typical settlement is or if they can represent me. Ive been searching for a lawyer but ill wait until what Nationwide says before I get quotes and consultations.

i also want a second opinion on my condition besides a chiro because theyre consider "alternative medicine/unproven." but no one wants to deal with insurance claims so thats been a struggle; finding a primary physician.

anyway, im not looking for a pay day. i just want to be sure i dont get screw a few years down the line and have to get surgery. my lower lumbar already had some wear and tear, but its unknown if the accident has compounded to it. but i hope all goes well.
Click to expand...

you need a lawyer if you have a real injury, trust me on this.
 
To give you perspective, I just had a claimed turned in 11/1 from all the way back in June or July (my client is a dolt and thought they could handle it themselves) for an auto dealer that struck a pedestrian.

The reserve (what we feel we're going to pay out based on this type of claim and injury) is $50,000-$100,000.

Now claims statistically increase 70% if they're not turned in, in the first 7 days. That's because if the insurance company doesn't squash the claim quickly, claimants go rack up the medical treatment and lawyer up.

If Nationwide isn't doing their job handling the claim, they're going to be in for much more than they have to be, when this thing is through. They should know we're you're going, they should know what the recommended treatment will be, recovering time, etc etc.

But hey, we're not talking about what they should be doing, we're talking about what you should be doing and what you're entitled to.

Its your health, I wouldn't risk it. I would get the chiro to recommend an MRI on whatever area is hurting, if it truly is pain and not just mild discomfort, or at the very least get x rays taken. The MRI will help to show you what soft tissue type damage you may have done where the x-ray will pick up any structural issues.

The car pay out is going to be what the car pay out is - the depreciated cost of the vehicle. You can look it up using galves, kbb, or NADA.

Your loss of income and time off work will be included in the calculation.

Depending on state regulations, the insurance carrier may or may not be able to cover punitive damages (pain and suffering). In NJ, it's illegal for insurance carriers to cover punitive damages (i.e., that's saying that when a judge awards punitive damages - he wants them to come directly out of the pocket of the person that actually did wrong to you).
 
A little update. So I got an email from Nationwide stating since an unknown party was liable, they are only covering 80%. WTF? According to the police report, it states that their driver was following to closely AND using his cellphone. Even the police, however much that accounts for, says their driver is fault because since the other party could not be unidentified, the case could be treated as if a deer or wild animal ran across the street.

Anyway, I was foolish to think I could deal with these people. Thanks for the advice guys. I dont care what I get now, I just want them to accept 100% liability.
 
endlesszeal said:
A little update. So I got an email from Nationwide stating since an unknown party was liable, they are only covering 80%. WTF? According to the police report, it states that their driver was following to closely AND using his cellphone. Even the police, however much that accounts for, says their driver is fault because since the other party could not be unidentified, the case could be treated as if a deer or wild animal ran across the street.

Anyway, I was foolish to think I could deal with these people. Thanks for the advice guys. I dont care what I get now, I just want them to accept 100% liability.
Click to expand...

told you lawyer up, they won't pay unless you lawyer up
 
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