As far as the property damage is concerned, you should have already been paid for the actual damages to your car or had the repairs paid for.
You have the right to be compensated for the reasonable medical charges incurred as a result of the accident. As long as the $4,000.00 is reasonable and necessary and for injuries caused by the accident you should get that as well. Understand that it is likely that the insurer will try and reduce the amount of the medical bills alleging that some of it is either not related to the accident or not reasonable and necessary.
If you lost time from work as a result of the accident, you are entitled to recover the lost wages or income caused by the accident. If you earn an hourly wage this is a simple calculation. Other income losses, such as lost sales commissions, are harder to prove.
Lastly, you are entitled to recover for pain and suffering damages. You can go to our site at http://capandkudler.com/useful-information/my-personal-injury/ for information on how insurance companies value these damages.
Unfortunately, I cannot give you any better idea of what to ask for in your demand to the insurance company without more information, including a review of the medical records.
Remember, insurance companies, especially the other driver's insurer, are not your friends. They will attempt to use anything against you.
Also, the Statute of Limitations on a personal injury case, such as this, in Nevada, is two years. In other words, if you do not file a lawsuit against the other driver within two years of the accident, your right to do so will forever be extinguished.
Hope this helps.
/s Donald Kudler
With respect to the property damage: your estimate of repairs should be the basis of what you are asking for.
With respect to your personal injury damages: There is no way anyone can tell you how much you should be asking for. The value of a personal injury case is based on many factors which include but are not limited to how the accident happened, the exact facts involved, who the parties are, what are the nature and extent of the damages and personal injures, what are the amount of the medicla bills, what are the nature of the medical treatment recieved, what are the diagnosis and prognosis and what sort of doctors are involved, what are the statements made by the plaintiff to the other side's insurance adjuster and how much has he or she hurt his or her case by those statements and many other factors.
I strongly suggest you speak with a personal injury attorney who will be able to review your case is debth and give you at least a ball park figure--if at all possible.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
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