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 .
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.
1001 Southwest 5th Avenue
Portland, OR 97204
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. http://www.portlandlegalservices.com
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.
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 Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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.
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.
There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.
Get free answers from experienced attorneys.
24,903 answers this week
2,996 attorneys answering
Get answers from top-rated lawyers.
24,903 answers this week
2,996 attorneys answering