Pain & suffering amount and settlement question

times2008 · #1 07-18-2008, 08:02 PM

What is the name of your state (only U.S. law)? CA

I had car accident a year ago. I was driving straight in my lane and other party took a left turn at crossing (with no signal at crossing) and directly came in front of my car. My car was totaled and I had to go to hospital by ambulance because of chest pain and bruises. They did EKG, X-ray. Police gave ticket to other party. I did not get any ticket.

Other party insurance (Farmers) paid today’s value of car, rental expenses. Farmer Ins is asking me to sign release form before releasing medical bill. They would like to settle the claim by just offering 75% of my total ($300 for wage loss + $500 for pain and suffering + medical expenses $4000)bills. Now Farmer insurance is coming with one reason or another and asking that I am at 25% fault. They did not say anything when they paid for the car / property loss.

I asked $3000 for pain & suffering, do you think that’s a fair amout? I also feel, since other party was at fault, they should pay 100%

By looking at my case, I should continue asking this amount or I don’t have much chance?

Any help in this regard is highly appreciated.

ecmst12 · #2 07-18-2008, 08:14 PM

If you were held 25% at fault, it was probably because they determined you should have been able to take evasive action to avoid the collision and did not.

From what you posted, you had one ER visit and no follow up treatment. You are lucky to get ANYTHING for pain and suffering based on that, you were not actually injured!