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Allstate ins. offered total $5750 settlement for wife a I car accident, plus medical and car repair. Does that seem reasonable?

Portland, OR |

The driver was 100% at fault . We got T - boned . Other driver was going about 25mph . I suffered a back sprain . While my wife , which was driving suffered neck sprain . She was treated at the ER and then went through PT . I went to Dr's office week later and went through PT also . We received total $ 3300 in medical bills and car damage of $ 5500 . In our demand letter we stated our case and let them know we wanted $ 10000 for our settlement plus medical and vechicle repair . It has been almost 1 year since accident and adjuster is only willing to pay total $ 5750 plus medical and car damage .

Attorney Answers 8

  1. Am I reading correctly; they offered slightly more than 1/2 your demand? For Allstate you're doing well. No comment as to value as I haven't reviewed your file.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. No one on AVVO can answer that question. If you have an attorney, take the time to talk with the attorney.

  3. I would recommend consulting with a personal injury attorney. If you don't have an attorney, it is very likely they are low-balling your offer. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  4. There's no way to answer this without reviewing all of the medical records, the car damage, the witness statements, etc. But I can tell you that in my experience, insurance companies almost always offer significantly more money once a good attorney gets involved.

    Portland Defender
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  5. Get an attorney. Impossible to help you with this on Avvo. You have two cases here - you and your wife's. They are separate claims. These days you can only count on really low offers prior to filing even with an attorney. But there is a special type of demand that attorneys in Oregon can make on your behalf using a statute that will penalize the insurance company for lowball offers and maybe get extra attorney fees. Not sure if both of your cases can fit into this type of demand statute but a local attorney can help you figure it out. You only have two years to settle your cases or file so see an attorney now while there is still time to review the cases and make these demands.

    Under Oregon law you should have already had your medicals paid under your own auto policy PIP coverage and then your insurance company can fight with Allstate and it should be your problem. Also the other driver's insurance which I take it is Allstate should have sent you a check for some or all of your car repairs already. Oregon law now requires the other driver's insurance to pay as much of the property damages as they can agree to as soon as they have notice of the accident.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

  6. Bottom line is that insurance companies pay unreps (unrepresented parties) a tiny fraction of what they pay represented parties. For example, a major national insurance company in PA pays unreps 11% of what they pay the people represented by an attorney. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755

  7. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  8. You have two separate claims for personal injury; one for your wife and one for you. Whoever owned the vehicle has the property damage claim. It is impossible to say whether the current offer is reasonable without knowing all of the pertinent facts for your case. A reasonable settlement amount for a personal injury claims depends on many complicated factors including the customary valuation of pain and suffering in your local legal system and any problems there might be with your case such as injuries that existed at the time of the collision. In my experience, insurance companies do not offer anywhere near the true value of their claim unless a victim has hired an attorney. I would advise contacting a local personal injury attorney that specializes in automobile collisions so they can thoroughly review the facts of your case and assess the value of your case.

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