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Rec'd a settlement offer for an accident. Quest: 1) Is this a fair offer & 2) If I haven't signed release, can I fight for more?
San Francisco, CA
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Posted 2 months ago in Car / Auto Accident
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I had a no fault accident in Jan 09. Other car did a "P.I.T. maneuver" on my car while trying to change lanes. Car repair was $2500, Medical was $2600 (about 3 months w/chiropractor). Both of these balances have already been taken care of by both insurance companies. I was unemployed at the time of the accident and treatments, so I did not factor loss wages. The settlement amount for pain/suffering that was first offered was $3800. After a brief conversation, they then offered an additional $500. I've received the release form, but have not signed it because I still feel it's on the low end. Is it? Is it wise to renegotiate with them again? Thanks in advance!
Answers (2)
Steven Alan Fink
This attorney is licensed in California.
Posted 2 months ago.
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Each accident and each insurer is different. Rough rule of thumb is that pain/suffering is 3 times medicals. $4300 is slightly low. You want to make sure your insurance company will not come back to you for repayment from the settlement of any monies they paid (subrogation).
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. 
Norman Gregory Fernandez
This attorney is licensed in California.
Posted 2 months ago.
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You are being offered a low ball settlement. This is what happens when you try to do cases like this without an attorney.
You must ensure that you do not have to reimburse your insurance company for what they paid out. |
