[marshodge]

I was involved in a car accident last month, my car was totalled. It was not my fault, this lady cut in front of me.
Her insurance paid for my car (Kelly blue book price) and also paid the registration of my new vehicle.
I went to the doctor with a neck and thumb strain, also I had some burns and scratches caused by the air bags, had physical therapy twice a week for a month.
The hole thing is very emmotional, I still have nightmares about it, because in the moment of the colision I thought my car was on fire, I thought I was going to burn alive.
Anyhow, now it is time to reach a settlement with her insurance, how can I know if what they will offer me is fair?

[ScottGem]

First this is not a Small Claims question, this should be in the Insurance forum.

Second, You should be reimbursed for ALL expenses that resulted from the accident, that includes travel to doctors, time off, etc. If you think there will be expenses in the future, then you need to cover those as well.

Once you have covered all your expenses, then you look into "pain and suffering". There, only you can figure out how much will make you fee compensated for her negligence.

[excon]

how can I know if what they will offer me is fair?

Hello marsh:

Lol! Snicker, snicker... Dude! What you'll KNOW is their offer ISN'T going to be fair!

Ok, excuse me for laughing. Frankly, FAIR has nothing to do with it. It's strictly business. They'll offer as little as they think they can get away with. You should ask for as MUCH as you think you can get.

However, unless you're very very sharp, you shouldn't be negotiating on your OWN behalf. You're going to be up against people who do this ALL the time. You're a rookie - and an emotional one at that.

Here's my advice: if you think you can tell them to stick it (well, maybe not in those words), then meet with them. However, you don't sound like you're that kind of person. That's not bad about you. It's just my considered opinion. If you're the kind of person who'll take what they offer because you don't want to hassle any further, or because they told you that's all you're ever going to get... then DON'T meet with them.

But that's cool. That's why they have lawyers. They represent people exactly like you. And, if you shop well for one, he'll get you a whole lot more money than you will all by yourself. They'll take your case on a contingency basis too. That means it won't cost you a dime unless you win.

Go kick some insurance butt!

excon

[marshodge]

That is what I wanted to know, so they will try to offer me the least that they can.
Well I am going to ask as much as I can too.

[ScottGem]

While I fully agree with excon, especially about getting an atty to negotiate for you, You have to be realistic in what you ask for and, even more so, what you will accept.

As I said initially you want to set a figure that you are sure will cover all your expenses past and future (and that will include atty's fees if you use one). That's your minimum and that's a figure you never mention to them. But you don't want to ask for pie in the sky either. Especially if you negotiate for yourself, they laugh at you if you get unreasonable.

[Fr_Chuck]

Remember if you settle, you need to be sure your auto insurance will be paid back every penny they paid you, since those payments would and should be included in any settlement, too many people settle, forget this and then owe more to their insurance company than they got.

Also if you are going to need future medical treatment, that money should be there set in trust if needed.

Next of your car was worth more than blue book, you need to get paid that difference.

And normally their offer assuming you do'n't have an attorney will be about 1/2 of what it should be normally. They always, I have never known them not to, low ball you with a figure, knowning you want to settle, are in a hurry to settle, and esp don't have an attorney.

A good place to start is add up all of those bills, everyone, and go from there adding about 25 percent in extra for things you will have to do in the future over this.