Settling a personal injury accident

[glee]

Hi, I'm in CA. I was a passenger in a car that rear ended another. The car I was in was totalled. I now have to settle. This is after the one year allowed for medical expenses for whiplash and contusions. How do I know what a reasonable settlement offer is? I still have a lot of sensitivity to my neck and shoulders, but I heard that would only fall under pain and suffering and not much is offered for that.

The adjuster said that the amount he offered was "new money" and it is what was left from the total settlement amount after the medical payment offset. Is the total settlement something that was worked out with the drivers of the cars involved, with nothing to do with me, as the passenger? Is the amount something that is debatable or should you just accept.

Thanks for your help in advance. I really didn't know where else to turn.

 

[I AM ALWAYS LIABLE]

Hi, I'm in CA. I was a passenger in a car that rear ended another. The car I was in was totalled. I now have to settle. This is after the one year allowed for medical expenses for whiplash and contusions. How do I know what a reasonable settlement offer is? I still have a lot of sensitivity to my neck and shoulders, but I heard that would only fall under pain and suffering and not much is offered for that.

The adjuster said that the amount he offered was "new money" and it is what was left from the total settlement amount after the medical payment offset. Is the total settlement something that was worked out with the drivers of the cars involved, with nothing to do with me, as the passenger? Is the amount something that is debatable or should you just accept.

Thanks for your help in advance. I really didn't know where else to turn.

My response:

There is no way to answer your question about a fair settlement. We don't know you, or anything about your lifestyle. We also haven't seen your medical reports or the bills.

Therefore, you need to "turn to" a local Personal Injury attorney to handle the rest of this matter, to review your claim, and get to know you.

IAAL

 

[glee]

So, it's always advisable to get a personal injury attorney? In other words. There is no base formula to work out a settlement amount (as the adjuster suggested), or there is one, but it's different depending on several circumstances, including the character of the injured, even if they are only a passenger?

 

[I AM ALWAYS LIABLE]

So, it's always advisable to get a personal injury attorney?

MY RESPONSE: Yes, absolutely. You don't know procedures or law. The insurance adjuster does. That means an uneven "playing field".



There is no base formula to work out a settlement amount (as the adjuster suggested),

MY RESPONSE: That's right, there is none.




or there is one, but it's different depending on several circumstances, including the character of the injured, even if they are only a passenger?

MY RESPONSE: A "proper" settlement would depend on way too many factors, and only some of which you've just mentioned.


IAAL