Accident Settlement Reasonable

**mikkiyee1** · 07-14-2009, 02:31 PM

My question involves an injury that occurred in the state of: California

my daughter was involved in an auto accident in which the other party ran a red light. The other parties insurance has taken liability for the accident and has offer a settlement. My daughter's car was totalled and she was sent to the ER and was released with minor soft tissue injuries (shoulder, neck, knee). Her doctor referred her for PT treatment which she completed (4 visits over 2 months). Her prognosis is that she will recover but be sore for 3-4 months. she lost 4 days of work and was on crutches for about a week. Our insurance paid us $9700 for our car. The other party's insurance is offering $24700 ( $20k includes ER, ambulance, PT, lost wages) and $4700 for pain and suffering. Does this seem like a fair offer? I''m inclined to accept the offer but just wondered what others in the legal business thought before we sign off. thanks.

**KeyWestDan** · 07-14-2009, 04:39 PM

Insurance companies get bad raps often for good reasons. However, in your case, you (your daughter) have gotten a fair offer. I doubt you could get anymore in court and that would be a nightmare to go through. Offers are generally not subject to negotiation... it is usually take it or leave it.

The economy is affecting insurance company's too, and they are not making offers any bigger than they need to. However, given your description, the offer is pretty good.

I don't know about CA but here in Florida (and many states have similar laws) if an settlement offer is made and rejected, and the case goes to trial, the party who rejected the settlement MUST win at least 25% more than the settlement offer, or that party will have to pay the other party's attorney fees. That can be MORE than the amount awarded, especially in little cases such as yours.

**LawResearcherMissy** · 07-18-2009, 07:28 AM

It certainly sounds like a fair and reasonable offer to me. Having been through a couple personal injury cases myself, it seems to me that the insurance companies have not given you grief and have stepped up to do the right thing. Your daughter is being offered an amount sufficient to cover her medical bills and lost wages, and a sum for her pain and suffering, rather than some ridiculously low amount that covers nothing.

(By way of example, when my husband was deliberately struck by a motorist while riding his bike a couple years ago, the other guy's insurance company put forth an offer of $300 - not even enough to cover the totaled bike, let alone the ER visit, X-rays, subsequent treatments or lost wages. It took some stern letters from our attorney and the threat of suit for them to pull their heads out. It was finally settled for $6K - actual damages were nearer to $2K, but in Ohio, you can pursue triple damages if they don't play fair.)

Contrary to popular belief and media sensationalism, a personal injury is not meant to be like hitting the lottery, and if a fair offer is rejected, the courts take a very dim view of any subsequent suit.