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  1. #1
    Join Date
    Nov 2007
    Posts
    14

    Question Car Accident - Should We Settle or Get a Lawyer

    Hi All,


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


    My younger sister was rear ended early this year and the car was totaled, after about $4500+ of medical expense the other party insurance is offering a settlement of $7200 increased from the $6200 they offered at first.


    Here are the facts:
    1. The other party insurance already paid for the damage of the car.
    2. Our insurance paid for the medical costs; however they are asking us to pay back the medical expenses when a settlement is reached.
    3. My sister works a lot of overtime at her job, and she was put on light-duty for about 8 weeks after accident. (Overtime lost due to light duty) but it seems like the company ask others to do the overtime even after 8 weeks.
    4. My sister was also off work for a few days for the accident.
    5. My sister was dead stop at red light and a big SUV hit from behind, and pushes her car all the way into the middle of the intersection.


    I know it is hard to put a right amount for pain, suffering, work related cost etc.
    But is the insurance offer to low? This is the first time we had anything major like this happen in our family, should we get a lawyer?

    I have posted a few pictures of the accident and attached few links.
    http://i195.photobucket.com/albums/z...otobucket1.jpg
    http://i195.photobucket.com/albums/z...otobucket3.jpg


    Any advice is much appreciated, if anymore information is needed please let me know.

    Thank,

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Car Accident Should We Settle or Get a Lawyers

    In a situation such as your sisters, she needs an experience accident/injury attorney. If she settles now and finds out later that she was entitled to more in damages, she's out of luck. The at-fault parties insurance company will ALWAYS attempt to settle for less in order to mitigate (minimize) their damages.

    Run this by an experienced injury accident attorney before she commits to anything. And as a side note, she should not talk with the other parties insurance carrier/attorney; her attorney will handle the communications on her behalf.

  3. #3

    Default Re: Car Accident Should We Settle or Get a Lawyers

    Sorry Mikey but I disagree. It depends on the extent of the injuries. For a minor accident an attorney will usually want 40% if he will agree to take it at all. Unless there were more than soft tissue injuries (you weren't bleeding), expect a big argument from the insurance co, especially if you did not go to the hospital right after the accident. I have seen people end up with nothing after the attorney fee and subrogation.

    From personal experience you are better off filing in small claims assuming that is all we are talking about. That kicks it up to a supervisor who will usually come across with another 1 or 2 thousand.

    Usually you or your attorney can negotiate with your health insurance company. Here they typically settle for 50 cents on the dollar.

  4. #4
    Join Date
    Nov 2007
    Posts
    14

    Thumbs up Re: Car Accident Should We Settle or Get a Lawyers

    I know that in California small claim court the max amount is $7500(so it is only $200 more than the second offer). But the question I have is do we have to sign a release of all liability for all future claims if we won in small claims court?

    The concern we have is that if the soft tissue injury causes more pain later in the future.


    My sister lives with me, so I know the morning after the accident she had a hard time getting up from her neck and back pain, and she ended up going to the hospital and the doctor prescribed some pain medications. Also there were nights she couldn't sleep because of the pain unless she took the pain meds.

    thanks all for the replies.......

  5. #5
    Join Date
    Nov 2007
    Posts
    14

    Default Re: Car Accident Should We Settle or Get a Lawyers

    Bump....


    Does anyone know if we go to the small claims court and won that we have to sign the wavier for all future claims?

    thanks,

  6. #6
    Join Date
    Nov 2008
    Posts
    6

    Default Re: Car Accident Should We Settle or Get a Lawyers

    I agree that from the basic facts of your case that you should sue in small claims court for the maximum amount. The insurance company will probably jump up the extra two hundred dollars at the very least if not another one or two thousand. I would settle at that point. Your sister doesn't sound like she was "criminally" injured. Thats not to say she wasn't injured or in pain, but soft tissue injuries are hard for a jury or judge to see and therefore don't ellicit the same response as a broken bone or loss of the blood. You also say you are out about 5000 medical expenses, so you net 2500. You'll have to be satisfied with that. If you decide to sue, the judgement that you are awarded with need to substantially more than the settlement offer. I would say at least 15000 for you to get the same 7500 after attorney and court fees, minus what you have to repay to the insurance, you're right back to the original 2500. Also, the courts are not required to consider any over-time money that your sister may have earned. The courts are only required to consider actual wages. Good luck

  7. #7
    Join Date
    Nov 2008
    Posts
    6

    Default Re: Car Accident Should We Settle or Get a Lawyers

    To answer the final question, the insurance company will ask as part of the settlement agreement that you sign a waiver or liablity. In my experience, its something that you can sign, because it doesn't mean much at that point. The settlement or lawsuit is a one time deal. You can't sue, get a judgement, and then decide that you didn't get enough and sue again. If you could, where would it end? They may let you get away without signing it, but if you try to sue again the company will point out to the court that you have already sued or settle the matter and don't have standing to do so again.

  8. #8
    Join Date
    Nov 2007
    Posts
    14

    Default Re: Car Accident Should We Settle or Get a Lawyers

    hummmmmm.......

    If I get a lawyer and get the same amount anyways, should I atleast try?







    Quote Quoting j991
    View Post
    I agree that from the basic facts of your case that you should sue in small claims court for the maximum amount. The insurance company will probably jump up the extra two hundred dollars at the very least if not another one or two thousand. I would settle at that point. Your sister doesn't sound like she was "criminally" injured. Thats not to say she wasn't injured or in pain, but soft tissue injuries are hard for a jury or judge to see and therefore don't ellicit the same response as a broken bone or loss of the blood. You also say you are out about 5000 medical expenses, so you net 2500. You'll have to be satisfied with that. If you decide to sue, the judgement that you are awarded with need to substantially more than the settlement offer. I would say at least 15000 for you to get the same 7500 after attorney and court fees, minus what you have to repay to the insurance, you're right back to the original 2500. Also, the courts are not required to consider any over-time money that your sister may have earned. The courts are only required to consider actual wages. Good luck

  9. #9
    Join Date
    Nov 2007
    Posts
    14

    Default Re: Car Accident - Should We Settle or Get a Lawyer

    Got the insurance to bump up to $7800........sure we take it and call it a day?

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