Separating Property Damage and Personal Injury

[Colt]

Because if you would have seen an attorney from the beginning, he would have sent you to PT, chiropractic care, MRI's CT scans, X-rays and so on and so on. An attorney would have magically maid your $500 med bill into an easy $15000 bill for the insurance company.

I've already talked to several attorneys. None of them have told me what and how to get medical care. A lawyer can't make a doctor order MRI's and what else to bump up the medical costs. That sounds fraudulent. If I had hired an attorney and then saw a doctor. The doctor isn't going to order a mess of tests because I have a lawyer. And no lawyer will call a doctor asking him to order stuff. That isn't the way it works.

So, I still don't see how you're saying around $500 in medical bills turns into $6k pain and suffering? I don't think someone would be successful in court asking for that, and I don't think the insurance company would settle for that even with an attorney. I might could see it if you had a big scar on your face or something.

Since I already figured the medical bills would probably be low. I figured it would be best to see what I could get the insurance company's max settlement to. Then talk to a lawyer and see what he thinks my case is worth and how much he thinks he could get it settled for. Based on that I'd figure up the attorneys fees and see what is my best option. For example. If their offer was $1k. And the lawyer says he thinks he could get $1.5k. Then it isn't worth my time getting an attorney involved since I'd end up getting the same.

But if the attorney said he thinks he could get $3k. Then it may just be worth my time. But you could get screwed if their settlement offer remains low and my attorney is only there to settle and not go to court.

[Who'sThatGuy]

I big scar on the face would get someone in my neck of the woods $1,000,000. Minor whiplash would get you $15,000. $6,000 to $10,000 would be offered if someone gave you a love-tap from behind.

[Colt]

I big scar on the face would get someone in my neck of the woods $1,000,000. Minor whiplash would get you $15,000. $6,000 to $10,000 would be offered if someone gave you a love-tap from behind.

You can't be serious. I've never heard of anyone getting $1 million from any injury from an auto accident. Let alone because of a scar on the face. Good luck collecting that if you did get that judgement.

[Who'sThatGuy]

My wife was at a red light and the guy behind her bumped into her because his foot slipped of the brake. The only damage to my vehicle was scratches to the rear bumper cover. Insurance paid $400 to repaint the bumper cover and my wife walked away 9 months later with a check for $8,000 for pain and suffering. Could you imagine what permanent scaring of the face would get you?

[Colt]

My wife was at a red light and the guy behind her bumped into her because his foot slipped of the brake. The only damage to my vehicle was scratches to the rear bumper cover. Insurance paid $400 to repaint the bumper cover and my wife walked away 9 months later with a check for $8,000 for pain and suffering. Could you imagine what permanent scaring of the face would get you?

What was the injury in that wreck?

The one thing I was worried about with a lawyer. Is the insurance isn't budging on the property damage value. So, if I used an attorney and they came to a settlement agreement with regards to the personal injury. I'd only want the settlement to be for the personal injury. That way I could sue the property damage myself in small claims. But the insurance may say they will require their offer for the property damage be included in the settlement and that I sign away all rights. Which I wouldn't be interested in that, and I don't think the attorney would want to take it all to court just because I couldn't agree on the property damage as the lawyer wouldn't get any more money out of it.

[Who'sThatGuy]

Soft tissue muscle contusion and slight whiplash.

Once again, the insurance company will not offer you the money for your auto in the settlement. They are two different settlements.

If the insurance company settles with you for $5000 for your vehicle, your lawyer gets nothing.

The lawyer only gets his share of the pain and suffering case.

You get two checks from the insurance company, one to fix your vehicle, and the other for the pain and suffering.

If you sue in court for the car, you lose the right to sue for the pain and suffering.

[Colt]

Yeah, I know about the one lawsuit rule. Which is why I'm going to wait to sue for property damage after the personal injury is settled. If I'm able to settle it. But you have to be careful as any time you settle, the insurance company can slip in a clause that you release them and their insured from any and all claims. I've gotten checks from insurance companies with regards to property damage. And they've had that clause that I release them and their insured from any and all claims. So, if I had noticed an injury later, then I couldn't sue for it.

So in the future, I'll make sure any settlement check clearly states that it is only settling the property damage and/or the personal injury. That way I could sue and/or settle for the other later if I have damages.

[Mr. Knowitall]

If we're talking the $million+ range, in the unlikely event that the defendant has sufficient assets and/or insurance to pay such a judgment, we're likely talking paraplegia, quadriplegia, severe brain injury, etc. Disfiguring burn injuries resulting in serious scarring, perhaps. "A big scar on my face" from a laceration is likely to devolve into a debate over revision surgery, how easy or difficult it would be to cover the residual scar with cosmetics, "Tina Fey has a big scar on her face and has a successful TV career"-type discussions, not a $million settlement or verdict.

[Colt]

Well, I had some imaging tests that showed something wrong with my neck. Did physical therapy for a while which was real expensive. But after figuring up my medical bills which are alot, and other things like gas for going to my doctors appointments which adds up quick, then I'm looking at alot for my expenses from the wreck, not counting pain/suffering and future medical needs as I'm still treating and ohter legal expenses. There are stuff that I have to do at home everyday to try and help the injury heal kinda like a part time job really, and the doc didn't indicate this was temporary. So I may have a part time job dealing with this injury for a while now.

But I see someone here mentioned $15k. I figured if I was to get $15k, then after subtracting medical bills/related expenses, my lawyers cut, and other expenses from the suit, then I'd just be breaking even at $15k if not losing some. So far their settlement offers have been well bellow that of my medical bills alone.

I'd probably be lucky just to get the state minimum policy limit, as I say the defendant proably has state minimum. And even then, I wouldn't really make much after deducting all my expenses. What's gonna really eat into it is my medical bills and my lawyers cut of it. The shitty thing is not only do you pay your lawyers cut, but the lawyer also charges you for alot of other things as well. I figure that should just come out of their cut.