Recently in a car accident, no my fault. Suffered broken femur. Insurance adjuster made me an offer, is it enough?

Asked over 4 years ago - Rancho Santa Margarita, CA

I'm 20 years old and was recently the driver in a very bad car accident. I suffered from a broken femur and now have a metal rod in my leg along with screws from my hip to my knee. It's been 3 months and I'm still unable to walk normally or do any of my normal activites (school, work out, go out with my friends, etc.) The lady that ran that I hit ran a red light, she is covered by AAA. Her insurance adjuster just made me an offer of $100,000 (supposedly the max. on her policy limit). I in no way want to be greedy, but I'm wondering if this is enough since I have to deal with this injury the rest of my life. I do not have a lawyer. I'm also wondering if theres a way for AAA to pay me more than $100,000 without going after the lady's assets (something I don't want to do)?

Attorney answers (6)

  1. Bradford Darrin Calvin

    Contributor Level 10

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    Answered . You ask an excellent question. And you are not being greedy in any way by seeking more money to compensate you for such a bad injury. Further, it may even be too early to know what permanent consequences, or physical pain/injury, you may have (I assume the accident was in the past 1 year given you said it was recent).

    In any event, to determine whether the $100,000 offer is "enough" is not simple. Not only must you consider the total amount of insurance coverage that the driver had at the time of the accident, but you must also consider her current and future ability to pay for your damages that exceed the amount of total insurance coverage. You might consider paying a private investigator to investiage her assets and income. You certainly don't want to settle a large case like this without knowing what you are giving up.

    You should definitely consult w/ an experienced personal injury attorney before settling your case, and even before you have any further discussions w/ the AAA adjuster. Also, don't sign any documents that AAA sends you w/o showing them to an attorney.

    I would be happy to consult w/ you at my office at no charge to discuss your case. You may reach us at (714) 542-8142.

  2. R. Michael Bomberger

    Pro

    Contributor Level 14

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    Answered . You should definitely talk to an attorney before you accept any offer. Without additional information, it is difficult to tell what your best course of action is in dealing with AAA. It sounds like your injuries are serious. If you would like a free telephone consultation, feel free to contact me at 877-283-2959. Best of luck to you.

  3. Kevin Paul Smith

    Contributor Level 14

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    Answered . It's difficult to answer your question without more information. But from the sound of your injuries it would seem you are entitled to more than $100,000. You also shouldn't take the insurance company at their word that the other driver's policy limit is only $100,000.

    My firm handles personal injury cases such as yours. Please call me at 213-626-0571 for a free consultation.

  4. Adam David Sorrells

    Contributor Level 13

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    Answered . I agree with the excellent information provided by the other contributors; especially finding out if the lady has an umbrella policy, or assets.

    You also need to find out if your medical bill obligations can be reduced at all.

    You need to consult an attorney. I would suggest telling the attorney you can collect the $100,000 on your own. He or she can charge for anything above that they can collect.

    Adam Sorrells
    Chico Injury Attorney

    Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only.

  5. Cameron Hall Totten

    Contributor Level 9

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    Answered . For an accident as bad as yours, you need to consult with and/or retain an attorney as soon as possible to fully evaluate the situation and AAA's offer.

  6. Andrew Daniel Myers

    Contributor Level 20

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    Answered . Personal injury attorneys offer an initial consultation free and so you really need to do that. You must get confirmation of the policy coverage. You must also determine if the driver had "umbrella" coverage or any other coverage other than the auto policy.

    Also do not be so dismissive of going after assets. You are young and an injury like that has life long ramifications. You're telling me that if she has a stash of money tucked away in an account, you would just walk away?

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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