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    thunderbird's Avatar
    thunderbird Posts: 1, Reputation: 1
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    #1

    Jul 26, 2008, 09:26 AM
    Personal injury
    I was in an accident in March 2008. I was rear ended by a drunk driver. I was stopped in a turn lane waiting for the light to turn when the drunk driver rear ended me. I called 911 and they told me to just sit there so he couldn't leave. I sat in my car waiting on the police and was talking to my husband on my cell phone when all of a sudden I felt the drivers side of my car lift off the ground and my head hit the window. I hit hard enough that my husband heard it. The other driver had apparently notice I was calling someone and he tried to go around me going head on into oncoming traffic he hit my car in the side. He was in a 4 wheel drive truck and I was in a t-bird convertible. He left the scene but was caught a couple miles away. I was not treated that night but the next morning when I got up I could not move my head I have been receiving therapy and accupuncture Since. I was release from therapy on the 24th of July and it is time to settle with his insurance. I don't know what a good settlement amount is my physician is 64miles each way and I had 20 visits which also made me miss most of each days work. I made 12.50 per hour. My car was in the shop for repair which I refuses 4 times because of the quality of work and recently had to take it back again because my trunk leaked and was standing full of water. Is there any standard that insurance uses to figure payment
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 26, 2008, 09:42 AM
    Quote Originally Posted by thunderbird
    i was in an accident in March 2008. I was rear ended by a drunk driver. I was stopped in a turn lane waiting for the light to turn when the drunk driver rear ended me. I called 911 and they told me to just sit there so he couldn't leave. i sat in my car waiting on the police and was talking to my husband on my cell phone when all of a sudden I felt the drivers side of my car lift off the ground and my head hit the window. i hit hard enough that my husband heard it. the other driver had apparently notice i was calling someone and he tried to go around me going head on into oncoming traffic he hit my car in the side. he was in a 4 wheel drive truck and i was in a t-bird convertible. he left the scene but was caught a couple miles away. i was not treated that night but the next morning when i got up i could not move my head I have been receiving therapy and accupuncture Since. I was release from therapy on the 24th of July and it is time to settle with his insurance. I don't know what a good settlement amount is my physician is 64miles each way and I had 20 visits which also made me miss most of each days work. I made 12.50 per hour. my car was in the shop for repair which I refuses 4 times because of the quality of work and recently had to take it back again because my trunk leaked and was standing full of water. is there any standard that insurance uses to figure payment


    No, there is no "standard" way to figure the "value" of your injuries. You should definitely be made whole, not lose money, be reimbursed for any expenses. I trust the therapy and acupuncture were prescribed by a Physician - I am in NYS and have seen insurance companies refuse to pay for treatment which the injured party selects without a Physician's order or refuse to take those expenses into consideration when it comes to the "value" of an injury.

    Your collision insurance - if you had collision insurance - should take care of your car.

    You probably should have contacted an Attorney at the time because traditionally the Attorney is able to collect so much more than the insurance company offers without an Attorney that the Attorney's fee is paid for and you still make money.

    I don't see any permanent damage here so I would think an Attorney might not be interested at this point.

    What has the insurance company offered?

    (There is an old wives' tale that the settlement should be 3 times the amount of the damages but I haven't seen that to be true in many years.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 26, 2008, 02:54 PM
    There is no standard, except they will offer as little as possible.

    1. who picked the repair shop, did you not pick a good one you knew?

    But they have to pay for all car repairs up to the value of your car.

    2. they need to pay for all the miliage for all of the trips to see about your car in the shop and all of your medical trips, use the IRS deduction for this figure normally

    3. they are liable for all of your medical treatment

    4. and all of the salary for the loss of income. Often this is figures at about 60 percent since there is no tax payment on it.

    5. and you have pain and suffering, hard to say as noted it used to be about 3 times but lately it has been more about double.

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