rear end accidents settlement issues

[srennell]

What is the name of your state? Alaska

My son (17 years old) has been rearended twice since September 2001. In both cases he was in his Mother's car and the at fault party's insurance will be paying medical bills. I have been told to be sure to get as much as possible from the settlement of the first accident because the second insurance company will be claiming all the problems really come from the first accident. I am in the process of investigating how to arrive at a settlement for the first accident. First of all is is true that insurance company from the second accident will attempt to pay nothing? Second question is there any way for me to find out the cap on the policy for the first accident before the negotiations begin? I am trying to settle out of court and without an attorney in order maximize the settlement reward for my son's college education. Third question, can loss of an athletic scholarship enter into the negotiations as my son as unable to participate in sports this year due to pain and torn muscles in his neck.

 

[ProResearch]

It's okay to settle without *hiring* an attorney, I did just that myself -- but my case was only $16K-18K case, nothing major. In cases of serious injury or other complicated issues (like two accidents in a year), you may do better with hiring one. It doesn't usually cost anything to consult with one or more...

My settlement negotiations were just 3 weeks ago, but I consulted with *my* attorney several times since about June (plus it didn't hurt that I also work for a very respected law firm and got some assistance there).......so you need someone in your back pocket. Insurance companies will take you more seriously if they know you would be *willing* to file a lawsuit. Don't be in a rush to settle!

A person's first accident ever is the most valuable in that you will never again be, what I like to call -- a "virgin potential plaintiff" (okay IAAL let's have it lol). If you have a subsequent second, third or more accident, even if not your fault, any injuries can always be blamed on the previous accident(s). Of course medical documentation from your treating medical provider can help in determining whether injuries are old or new.

As to your last question, because the loss or potential loss of an athletic scholarship because of injuries complicates issues -- again, I would be very wary of handling this type of claim without at least assistance from a PI attorney (after you have "interviewed" a few, pick the one you feel most comfortable with and has the best skills and experience). You can practice your negotiation skills in trying to get the lawyer to lower that contingency fee ;-)

Hope this helps a little...