Saturday, December 19, 2009

Advice about settling my car accident claim?

I am a college student and unfamiliar with settling accident claims. I just want to know if I am getting screwed or not. I was in a car accident last year. My friend was driving and a deer jumped into the middle of the road. Instead of just hitting the deer with his SUV, my friend swurved and flipped the car. I ended up breaking my back (T-12) and dislocating both shoulders and one clavicle. I was in a back brace for over two months. Even a year later I am in pretty bad shape. My question is, I have a $100,000 policy with my car insurance company. I have signed a release not to sue them and they have given me $87,500. They think that I am going to settle for $12500 with the drivers insurance (apparently the max they offer), which I haven't yet. My medical bills are $80,000 and I would have $20,000 left over. The thing is that my doctor said I would probably have to have surgery on my shoulder in a couple years and I can still barely move my back. Does it make sense to sue for more?Advice about settling my car accident claim?
Yes, it makes sense to sue for more. Once you settle, you sign something releasing claims against that party. That means that you can't go back later and ask for more money. In addition, your insurance will probably not cover any surgery from this accident, as it's a pre-existing condition.





Find a good personal injury lawyer, someone who is familiar with these types of cases. They'll take your case on contingency, meaning you pay about 1/3rd when it settles. They can't promise what you'll make, but before you agree to have the person represent you, check what you can request from all parties based on your claims and the various coverages. Only sign if you're reasonably certain that your expenses, current and future, will be met by any settlement.Advice about settling my car accident claim?
Was your friend driving your car?





I'd get a personal injury lawyer involved.
You cannot sue his company anymore because you signed a release. You could sue your friend personally to get more. Sorry. Your insurance is only liable to cover unpaid medical expense but not pain and suffering. I just went through this myself.
Remember that the driver's insurance company is not required to pay more than the bodily injury limit on your friend's policy. To get any more, you would need to sue your friend. In a normal claim of this nature, you might expect to get about 250,000 in pain and suffering (if that money were available). That, however, is not legal advice. With a claim this large, you probably should talk to a personal injury attorney.
it sounds to me like you are going to have problems for the rest of your life that will continue to cost a great deal of money for years to come. You need to contact an attorney and see what all of your options are before agreeing to anything.
Absolutely, if you settle now and release the insurance company they will not be liable for any more of your doctor's bills, including future surgery. My brother was in an accident several years ago and he settled with the insurance company and he has had to have further treatment which he is now responsible for. Don't settle unless you make sure that any future problems will be taken care of.

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