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What should I expect from insurance when the other driver is at fault...?

Asked over 2 years ago - Boston, MA

I'm in the beginings of an auto accident claim where the other driver was at fault, my car '96 Explorer was officially totalled by the adjuster and I have a fractured left hand. The insurance company (his) is sending forms for me to fill out for lost wages, paying for a rental car and now I'm waiting to hear about the settlement for the car. But what is reasonable for me to expect for an approximate monitary range? I want to be able to get another car and feel I should get some pain and suffering compensation. Not looking to be greedy, just not get low-balled or taken advantage of.

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Attorney answers (4)

Bruce H Murray

Reputation Level 11

Answered over 2 years ago. Personal Injury Lawyer in Lexington, MA.

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The first thing you should do is hire an attorney. Statistics show that even with paying attorney's fees, you are still likely to have a greater recovery with an attorney than trying to represent yourself. Keep in mind the other drivers' insuarnce company's primary goal is to pay you the least amount of money they can. Chances are you will be low-balled, especially if you are unrepresented. As far as what would be fair compensation for your injury, it really is too early to accurately predict until you have finished treating and have some idea of what your final physical result will be. Even before filling out the forms you should consult with an attorney to make sure what is stated on the forms is in the best interest of your claim. If you would like to discuss your case in greater detail, please feel free to call me,

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Francis V Kenneally

Reputation Level 8

Answered over 2 years ago. Real Estate Attorney in Boston, MA.

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You should be careful not to handle the settlement of the claim by yourself. Your claim should not be settled until your fracture has healed and only after you have received a medical opinion concerning the probability of future pain or problems with your hand. If I can help you, please feel free to call.

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Henry Lebensbaum

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in Andover, MA.

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The beginning is a good time to hire a PI attorney.

No one can possible answer your questions, and to do it on your own is a fool's errand.
The insurance company is not there to help you; they will low ball you and you will not know what hit you.

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Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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I suggest that you may want to review the Legal Guides I have published on Avvo.com, many of which cover the situations you are now experiencing.

No one here on Avvo.com could even begin to approximate the possible worth of a fractured hand case, particularly if the fracture is recent. Much more information would be needed, such as your age, occupation, prior medical condition, avocations, permanent impairment and many other factors, too numerous to list here.

Remember, the adverse insurance carrier and your own carrier are not your friends nor your good neighbors. The sole goal of any insurance carrier is to pay you nothing or as little as possible on any claim. You should not give any insurance carrier a statement without first consulting with a personal injury attorney. You also should not grant them access to your medical records without first speaking with your attorney.

I suggest you consult a personal injury attorney to see whether or not the attorney is in a position to assist you with this matter.

Legal Disclaimer:

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 insure proper advice is received.

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