Dealing with Auto Insurance

[nivek2600]

washington (only U.S. law)?

My wife was in an accident back in March. She received two broken bones in her right ankle. Our car was totaled and the other driver was cited. She had surgery and was in a hard cast for 16 weeks and has been in walking boot for 6 weeks. She will have permanent scars and permanent pins and screws. The other drivers insurance replaced our car and admitted fault. However there first settlement offer was $60,000.00 and pay all related expenses up to the settlement date. We refused.
We then found out she will need to have the same surgery in 3 to 5 years due to the nature of the break. She will have a permanent limp, will need to
use a cane and will probably not be able to drive for at least a year. When we told the insurance they "re-calculated" their offer to $70,000.00 and pay all
related expenses up to the settlement date. Every website and "on-line accident calculator" sez $400,000.00 plus? Should I send a "demand letter" for $300,000.00 ? Or try to find an attorney ?
Thank you

 

[Zigner]

I think it's time to start interviewing attorneys.

 

[latigo]

washington (only U.S. law)?

My wife was in an accident back in March. She received two broken bones in her right ankle. Our car was totaled and the other driver was cited. She had surgery and was in a hard cast for 16 weeks and has been in walking boot for 6 weeks. She will have permanent scars and permanent pins and screws. The other drivers insurance replaced our car and admitted fault. However there first settlement offer was $60,000.00 and pay all related expenses up to the settlement date. We refused.
We then found out she will need to have the same surgery in 3 to 5 years due to the nature of the break. She will have a permanent limp, will need to
use a cane and will probably not be able to drive for at least a year. When we told the insurance they "re-calculated" their offer to $70,000.00 and pay all
related expenses up to the settlement date. Every website and "on-line accident calculator" sez $400,000.00 plus? Should I send a "demand letter" for $300,000.00 ? Or try to find an attorney ?
Thank you

A couple of things

First, the fact that the other driver was "cited" doesn't mean diddly squat in a civil action. Neither the police report of the accident, the traffic citation nor the consequences following the citation are admissible evidence in a civil action in which the subject is the circumstances or event that resulted in the issuance of the traffic citation.

I'm sure that there is evidence that the other driver is civilly liable, but just be aware that it will take independent competent evidence to establish it in a court. Also be aware that what looks good on paper often becomes blurred in the courtroom.

Anyway, the insurance company is offering your wife chicken feed. Their claims adjusters don't get paid to spend their boss' money. But you are not qualified to assess the value of the claim. That is evident by the fact that you are asking people you don't even know.

So, do some asking about for references for a competent, established, successful personal injury lawyer. They are the people that can best evaluate the worth of the claim.

Also, understand this. When a claimant in personal injury claim hires the attorney, the insurance company evaluates not just the claim but the attorney! They know which ones can reach deep in their pocket. So find one that has a history of large verdicts. Not some mug you see posted on a bill board smiling back at you like an "Alfred E Neuman". The good ones don't need bill boards!

 

[adjusterjack]

Should I send a "demand letter" for $300,000.00 ? Or try to find an attorney ?

I agree with the others.

Without an attorney the insurance company will steamroll you.

 

[ecmst12]

I agree, with serious injuries you are not doing yourself any favors by proceeding without an attorney.

 

[ShelbyPerez]

That's a difficult situation..consulting an attorney should have been the first thing you must have done.

 

[drruthless]

washington (only U.S. law)?

My wife was in an accident back in March. She received two broken bones in her right ankle. Our car was totaled and the other driver was cited. She had surgery and was in a hard cast for 16 weeks and has been in walking boot for 6 weeks. She will have permanent scars and permanent pins and screws. The other drivers insurance replaced our car and admitted fault. However there first settlement offer was $60,000.00 and pay all related expenses up to the settlement date. We refused.
We then found out she will need to have the same surgery in 3 to 5 years due to the nature of the break. She will have a permanent limp, will need to
use a cane and will probably not be able to drive for at least a year. When we told the insurance they "re-calculated" their offer to $70,000.00 and pay all
related expenses up to the settlement date. Every website and "on-line accident calculator" sez $400,000.00 plus? Should I send a "demand letter" for $300,000.00 ? Or try to find an attorney ?
Thank you

Ditto with the rest

My vote is to go with an attorney with that many carrots to nibble on you're sure to get a few good bites
good luck!

 

[Zigner]

A couple of things

First, the fact that the other driver was "cited" doesn't mean diddly squat in a civil action. Neither the police report of the accident, the traffic citation nor the consequences following the citation are admissible evidence in a civil action in which the subject is the circumstances or event that resulted in the issuance of the traffic citation.

I disagree (to some extent). I do agree that the citation itself doesn't mean anything in civil court. However, if the other driver pleads guilty, or is found guilty of the offense that caused the accident, then it may very well matter in civil court, because the OP won't need to prove that the other driver did what they are claiming he did.