Gregory H. Bevel Dallas Car Accident Lawyers
Posted over 13 years ago.
Insurance companies prefer to separate the property damage claims from the personal injury claims and they routinely settle the property damage claim while allowing you to preserve your personal injury claim. But you need to be careful when you receive the check and paperwork on settling the property damage claim to make sure it does not include your personal injury claim as well.
You would be better off hiring a PI lawyer to help you with the settlement of the personal injury claim. There are multiple categories of damages you might be unaware of, but if you're not seriously hurt, are completely cured from your injuries, have been fully released from future medical care and have 100% confidence that you won't incur future medical expenses, then as a rule of thumb you should ask for all of your medical expenses, all of your lost wages, and three times those amounts for your pain and suffering in the past. If you have scarring or disfigurement or if the accident has left you with loss of future earning capacity, then you really need a lawyer and shouldn't try and handle this on your own. There are other factors that go into the equation, did you have surgery, broken bones, or a particularly painful type of injury, if so, your pain and suffering number might be higher. As for the subrogation rights of your health insurance provider, more than likely they will receive their check directly out of your settlement and directly from the insurance company. If you don't have a lawyer to help you, you'll just have to trust the two insurance companies are being honest with you about that. A lawyer would negotiate a reduction of that subrogation lien and also insist that the check to the subro claimant be sent first to your lawyer so you'll know that the check was actually written and in the amount that they say it was written.
I know lots of people want to handle their own claims and if the damages are very small, the injuries very minor, and no lawyer will take the case, then that is the way to go. But most of the time, you'll be better off with the assistance of a lawyer in your area.
Good Luck to you.
Richard Kurt Arbuckle Car Accident Lawyers
Posted over 13 years ago.
I just now read your comment. I agree with Mr. Bevel, and emphasize that you should at least talk to a lawyer. As Mr. Bevel has shown you, it is more complex than most people think.
Asker
Posted over 13 years ago.
Is there a separation of whether my claim is for damages to my vehicle, versus to medical expenses?