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Car Accident- not at fault i was rear-endedI was in a car accident that wasn't my fault in September 2008..it was not my fault and 3 other cars were involved. I was the only one not found at fault. I went to emergency chiropractic 09/23/08 to 11/10/08 and received a bill for approximately $3500. The insurance claims adjuster told me that they would not cover the full $3500 bill and so some of the money they were going to pay me off with will have to be used...the full payout they offered me was $4100 so i would only net about $500 and some change...i have asked the claims adjuster to put into text everything we spoke of and she is to email me that quotes along with a release form. I am planning on getting a consultation...but i was wondering if this is fair. The person who was at fault is also with the same insurance company as me..so are they really shorting me or should i go ahead and take the offer? Attorney answers (3)
Reputation Level 13
Answered about 3 years ago.
Estate Planning Attorney in Kaukauna, WI.
I would recommend you hold off on signing any releases just yet. You may want to see an attorney in your area with experience in personal injury cases to ensure you receive what you entitled to under the law.
If you were rear ended, the other party is likely 100% at fault and the liability carier should reimburse you for all reasonable medical treatment related to the incident, all damages to your vehicle, and some amount for "pain and suffering" i.e. the inconvenience of having been hit by their driver and having to seek medical treatment. 1 person marked this answer as good
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Reputation Level 7
Answered about 3 years ago.
Car / Auto Accident Lawyer in Phoenix, AZ.
You need to consult with an attorney to decide whether this is a fair offer. You should not sign a release, or agree to settle the case until you do so. Most plaintiffs personal injury attorneys offer a free consultation, so an evaluation of your claim should not cost you any money. If you're interested in learning how personal injury attorneys and claims adjusters evaluate these kind of cases, you may want to read my blog on this issue. Go to www.aztrialblog.com, and click on the October 14, 2008 entry entitled "Soft tissue injuries--neck and back strain/sprain."
1 person marked this answer as good
Hi: Whether an offer is fair is relative and I cannot make that determination without seeing the medical records and bills. I assume that this is the adjuster's first offer and if so, I would recommend that you counter. Be prepared with reasons. These are tough economic times and they are hitting the insurance industry hard so you have to be convincing. Explain what the impact of the accident was in your life. Read my article posted on line. If you want to go to my web page (www.winsorlaw.com) I have written a booklet that more completely indicates what the adjusters may or may not be looking for. If you are still not happy, give me a call. My schedule is booked through next week because of a trial but I am open the week of the December 8, 2008. One of the problems that you may be having is that the at-fault driver's liability policy is low and the adjuster is trying to divide it among a number of injured people. Read the section on underinsured coverages you may have a claim that you can make on your policy.
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