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Hello, I'm trying to ascertain what a fair amount is for an auto insurance settlement for a hit and run accident.

Los Angeles, CA |

I was rear ended in a hit and run accident and the police eventuallycaught the guy who did have insurance. I went to two doctors appointments and had a spinal x-ray, but I had no injury except a sore neck. The driver's insurance already paid for my totalled car. They have offered me $4,250 as a settlemen - $685 for lost wages, $1038 in medical expenses and $2,500 for pain and suffering. My question is - does this seem like a fair settlement?

Attorney Answers 10


  1. If you have absolutely no injuries, the offer appears reasonable. Make sure you were paid some money for the time your vehicle was in the body shop getting repaired. Then, continue to negotiate with the carrier until you feel they have extended their maximum offer. Best of luck!

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  2. Hit and run cases in Alabama generally settle for approximately 4 to 5 times medicals absent a significant permanent injury. So in our venue the offer would be in line with comparable claim value.
    If you have any reservations you should consult with a local lawyer registered on the Avvo web site.


  3. It depends on your damages and the extent of your injuries. If all you had was a sore neck and your injury has resolved with treatment, and you have been advised that you do not need future treatment, then the offer is not unreasonable. I agree with Mr. Vargas that you should continue to negotiate with the insurance company until you are comfortable with the offer. You should use the fact that their insured was irresponsible and fled the scene of the accident as leverage. Good luck.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.


  4. based on your limited injuries, yes.

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  5. You have some good responses. The ulitmate descision is up to you. Good luck!


  6. Seems like a fair amount, considering your injuries. Just know that once you sign the settlement, you are no longer entitled to compensation no matter how bad your injuries turn out to be.

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.


  7. Without more information about the nature of the treatment or potential for future treatment, it would not be fair for me to say whether or not one particular settlement value would be fair or not. If you have a car accident attorney representing you, then you should consult with him or her. If you do not have an experienced personal injury attorney representing you, then you may want to consult with local motor vehicle accident attorney to review the specifics of your case and confirm the calculations. Best of luck.


  8. If your sore neck essentially resolved shortly after your two doctor visits, this seems like a reasonable settlement - but you can always go back and test the waters by counter-demanding $5,750 and see what happens.


  9. With a local lawyer, it could likely be a bigger number, but it's not too shabby.


  10. Make it a clean $5,000.00 and you are there. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.