I was in an accident in April 07 - the other driver struck me in an intersection and is 100% at fault. I am trying to settle on my own. Everything online says to take 3x the medical expense amount. Approx #'s are $23,000 settlement additionally I want them to pay my bills $7900 on top of that. So about $30K.

The adjuster is claiming "moderate damages" although both of my airbags deployed and I was seen in the ER and have had several months of treatment (as well as my passenger). Today he said as high as he can go is $20k with me paying my medical out of that.

I know that I don't want to be greedy but this is all about me, his insured inconvenienced me, his insured totaled my car, his insured is 100% at fault.

So since he is way lower than I am on a settlement, do i get a lawyer or is there something I am missing?

thanks,
need advice!

JudyKayTee

[quote=cadewi]I was in an accident in April 07 - the other driver struck me in an intersection and is 100% at fault. I am trying to settle on my own. Everything online says to take 3x the medical expense amount. Approx #'s are $23,000 settlement additionally I want them to pay my bills $7900 on top of that. So about $30K.

The adjuster is claiming "moderate damages" although both of my airbags deployed and I was seen in the ER and have had several months of treatment (as well as my passenger). Today he said as high as he can go is $20k with me paying my medical out of that.

I know that I don't want to be greedy but this is all about me, his insured inconvenienced me, his insured totaled my car, his insured is 100% at fault.

So since he is way lower than I am on a settlement, do i get a lawyer or is there something I am missing?



Depends on what State you are in - if you and the adjuster are not able to reach a dollar figure then you need to retain an Attorney. Your passenger's medical treatment/expenses have nothing to do with your claim. I am sure you are aware that your passenger would need to claim against both of you in order to collect for pain and suffering.

An Attorney may or may not be interested in representing you, depending on your medical bills. As far as the car is concerned the insurance company will back up their offer with Blue Book, fair market, other documentation. That's usually hard to argue with, even for an Attorney, and maybe the company will throw in another hundred dollars, give or take a few.

The airbags often have little to do with the severity of the accident - it's more the angle of the impact. If the airbags deployed was this a left turn accident, front to front? Front to side?

I don't know how long you have been dealing with the adjuster but every word you have said will probably be used against you.

I personally would stop talking to the adjuster and retain counsel.

I usually am at odds with the insurance adjuster because we come from different angles.

cadewi

Does the adjuster have a commission he works off so the lower he settles for the more he gets paid? I just don't know that side of the story. Everything I have looked up on line and all the research I have conducted, my claim that I am asking for is lower than all of the auto-accident calculators settlement amounts.

What do you mean you would stop talking to the adjuster and every word will be used against me?

I know that I will have to pay a lawer a chunk of the settlement, which I should -so do I ask for more money to pay him as well so I still retain my portion of the settlement? Who decides what to settle for?

I have stopped talking to the adjuster when he kept saying it was moderate, that it was soft tissue, which is true and I do not deny that but it rocked my world, this IS about me (although I don't ever take that stance in life) but I just want it to be fair, and not ugly, ya know?

Thanks for your advice! Any thing else?
cadewi
[/quote]

JudyKayTee

[quote=cadewi]Does the adjuster have a commission he works off so the lower he settles for the more he gets paid? I just don't know that side of the story. Everything I have looked up on line and all the research I have conducted, my claim that I am asking for is lower than all of the auto-accident calculators settlement amounts.

What do you mean you would stop talking to the adjuster and every word will be used against me?

I know that I will have to pay a Lawyer a chunk of the settlement, which I should -so do I ask for more money to pay him as well so I still retain my portion of the settlement? Who decides what to settle for?

I have stopped talking to the adjuster when he kept saying it was moderate, that it was soft tissue, which is true and I do not deny that but it rocked my world, this IS about me (although I don't ever take that stance in life) but I just want it to be fair, and not ugly, ya know?



No, the adjuster does not work on commission - it would be illegal for him to have a financial interest in any claims he has to settle. That being said (and insurance adjusters all over the World will rise up screaming in protest!) I feel that every dollar the insurance company does not spend makes the profit statement for that year better so it is in their interest to settle with you at the lowest possible figure.

Statements you give adjusters can hurt you - for example, if this was a left-hand turn accident (and I don't know that it was) the question becomes when you saw the other car, when you realized it was going to turn, what evasive maneuvers you made. The fact that a car is in front of you and you have the right of way does not give you the right to drive into it - and I realize this is probably not the case with you, just using it as an example. Your comments about when/how can make you look partially negligent (which may or may not be important in your State).

And the Attorney will decide the "value" of the case/the amount of the claim. This is out of your hands. He will build his/her fee into that amount. This is, of course, something you will have to discuss with him/her.

And, yes, soft tissue injuries are both brutal and hard to prove ... or disprove. That's where an Attorney and solid medical evidence come in.