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Should I settle for my first offer or should I ask for more?

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ranee90

Junior Member
What is the name of your state? Ohio

I'm really unsure what to do. This last Saturday my 7 year old son and I were involved in an accident where I was hit by a driver who failed to see me coming when he stopped at a stop sign. I was going 55 (the posted speed limit) so the accident wasn't my fault and it wasn't just a fender bender, my car was totaled and I sustained a back injury. My son, thank god, wasn't hurt seriously, just some cuts and bruises. The thing is that we had a representative from the other drivers insurance agency come out to our home yesturday and he offered us $500 for any past medical bills (for my son only) , $500 dollars for any of my son's future medical bills (within the next 30 days) and $400 dollars for pain and suffering my son suffered.

My husband feels the $400 dollars for the pain and suffering my son felt it not enough. He has been told not to except their first offer, since it'll be on the low side. Due to my own more serious injury they haven't offered me a settlement yet and I've been told they'll wait for awhile before they do.

We want to be fair, but we want to be treated fairly too. So can anyone advise me on whether or not this offer sounds fair or do I ask for a second offer?

Thank you,
ranee90
 


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shell007

Guest
ranee90 said:
What is the name of your state? Ohio

I'm really unsure what to do. This last Saturday my 7 year old son and I were involved in an accident where I was hit by a driver who failed to see me coming when he stopped at a stop sign. I was going 55 (the posted speed limit) so the accident wasn't my fault and it wasn't just a fender bender, my car was totaled and I sustained a back injury. My son, thank god, wasn't hurt seriously, just some cuts and bruises. The thing is that we had a representative from the other drivers insurance agency come out to our home yesturday and he offered us $500 for any past medical bills (for my son only) , $500 dollars for any of my son's future medical bills (within the next 30 days) and $400 dollars for pain and suffering my son suffered.

My husband feels the $400 dollars for the pain and suffering my son felt it not enough. He has been told not to except their first offer, since it'll be on the low side. Due to my own more serious injury they haven't offered me a settlement yet and I've been told they'll wait for awhile before they do.

We want to be fair, but we want to be treated fairly too. So can anyone advise me on whether or not this offer sounds fair or do I ask for a second offer?

Thank you,
ranee90
DO NOT SETTLE. DO NOT SPEAK TO THEM ANYMORE. DO NOT INVITE THEM TO YOUR HOME, DO NOT SIGN ANYTHING, DO NO ACCEPT ANY CHECKS OR CASH THEM.

Turn everything over to your insurance co. and let them handle the property damage portion of you claim. Your inusrance co. will get their money back from the other driver's insurace co.

Contact a PI attorney and discuss your situation with them.
 

ranee90

Junior Member
shellandty said:
DO NOT SETTLE. DO NOT SPEAK TO THEM ANYMORE. DO NOT INVITE THEM TO YOUR HOME, DO NOT SIGN ANYTHING, DO NO ACCEPT ANY CHECKS OR CASH THEM.

Turn everything over to your insurance co. and let them handle the property damage portion of you claim. Your inusrance co. will get their money back from the other driver's insurace co.

Contact a PI attorney and discuss your situation with them.

My Insurance company has told me that they won't get involved unless the other driver's insurance company gives us a hard time by not returning phone calls or not contacting us in a reasonable amount of time. Besides that, this offer is just for my son's pain, suffering and medical bills. The car I was driving was my father's so they are taking up the property damage for the car with him. They haven't even contacted me about my medical bills or pain and suffering. They said a different insurance adjuster that deals in serious injuries will contact me at a later date.
 
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shell007

Guest
ranee90 said:
My Insurance company has told me that they won't get involved unless the other driver's insurance company gives us a hard time by not returning phone calls or not contacting us in a reasonable amount of time. Besides that, this offer is just for my son's pain, suffering and medical bills. The car I was driving was my father's so they are taking up the property damage for the car with him. They haven't even contacted me about my medical bills or pain and suffering. They said a different insurance adjuster that deals in serious injuries will contact me at a later date.
Look, this accident is not just a "little fender bender".

If I were you, I would not be talking to anyone from the other side. The accident happened less than one week ago.

Don't you find it odd that they are so eager to settle so quickly? If not...you should.

Injuries from any accident can often not present themselves until a later time,...sometimes much later. Maybe flashing cash in front of your face look inviting to you, but THAT'S EXACTLY WHAT THEY WANT. They want you to take the $$$$, sign a release for future liability against them, and be done with it.

Gee, I wonder why?? BECAUSE they know that this will end up costing them a lot more money later.

Don't be stupid.

Do what you want, but I would not even be talking to them on the phone. Anything you say could be detrimental to your case if you decide to proceed with a suit.

Get an attorney, period!!!!
 

ranee90

Junior Member
Thank you for your advice. I did finally decide to contact a lawyer today. Partily because of your advice and partily because I was having second thoughts myself about their offer, which is why I started this thread. I just needed to make sure that my feelings on this offer being low was just. Like I said in my first posting, I don't want to take advantage but I don't want to be taken advantage of either. Anyways, thanks again. I do appreciate the advice.
 
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shell007

Guest
ranee90 said:
Thank you for your advice. I did finally decide to contact a lawyer today. Partily because of your advice and partily because I was having second thoughts myself about their offer, which is why I started this thread. I just needed to make sure that my feelings on this offer being low was just. Like I said in my first posting, I don't want to take advantage but I don't want to be taken advantage of either. Anyways, thanks again. I do appreciate the advice.
Good luck to you! :) :) I Hope you get well.
 

teflon_jones

Senior Member
You haven't even described your injuries except to say that they're back injuries and they're serious, plus you haven't gotten an offer yet, but shellandty seems to know what is best for you? An attorney is just going to take a 1/3 of whatever you get. You're not going to get another 30% more on your son's injuries to cover the attorney's costs, and it's debatable whether you'll get enough (if anything!) extra on your P&S to cover what the attorney might get for you.

You need to wait for an offer from the insurance company and decide if it's enough. If you decide it isn't, ask for more and see what their second offer is. If you're still not happy, you need to decide if an attorney is going to be able to get you at least 33% more than what they're offering so it'll at least cover his costs, plus leave some extra for you.
 
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shell007

Guest
teflon_jones said:
You haven't even described your injuries except to say that they're back injuries and they're serious, plus you haven't gotten an offer yet, but shellandty seems to know what is best for you? An attorney is just going to take a 1/3 of whatever you get. You're not going to get another 30% more on your son's injuries to cover the attorney's costs, and it's debatable whether you'll get enough (if anything!) extra on your P&S to cover what the attorney might get for you.

You need to wait for an offer from the insurance company and decide if it's enough. If you decide it isn't, ask for more and see what their second offer is. If you're still not happy, you need to decide if an attorney is going to be able to get you at least 33% more than what they're offering so it'll at least cover his costs, plus leave some extra for you.
There was an offer for the SON:

he offered us $500 for any past medical bills (for my son only) , $500 dollars for any of my son's future medical bills (within the next 30 days) and $400 dollars for pain and suffering my son suffered.
I still say that after ONLY ONE WEEK since the accident, the OP should NOT be making this decision NOW, like the insurance company wants her to.

She needs to WAIT, and IT WILL NOT HURT, to talk to a PI attorney.

And based on what the op said ...."Due to my own more serious injury they haven't offered me a settlement yet and I've been told they'll wait for awhile before they do.", It's not going to be long before she asks the same question again, only difference being it's HER and NOT HER SON.

This situation clearly sounds complicated enough to warrant legal council. Like I said earlier, "THIS WAS NOT A LITTLE FENDER BENDER".

For an insurance adjuster for (personal injury) showing up at the injured's home less than 1 week after a major accident and offering settlement SMELLS FISHY to say the least.
 

ranee90

Junior Member
teflon_jones said:
You haven't even described your injuries except to say that they're back injuries and they're serious, plus you haven't gotten an offer yet, but shellandty seems to know what is best for you? An attorney is just going to take a 1/3 of whatever you get. You're not going to get another 30% more on your son's injuries to cover the attorney's costs, and it's debatable whether you'll get enough (if anything!) extra on your P&S to cover what the attorney might get for you.

You need to wait for an offer from the insurance company and decide if it's enough. If you decide it isn't, ask for more and see what their second offer is. If you're still not happy, you need to decide if an attorney is going to be able to get you at least 33% more than what they're offering so it'll at least cover his costs, plus leave some extra for you.

I didn't say anything about my injuries because the offer wasn't for myself, it was for my son. I was just trying to convey how serious the accident was. I myself was diagnoised with a hair-line fracture to the vertibrea (sp) of my lower back. I haven't even had my first appointment with an orthepedic specialist to find out what I'm going to need in care and what the long term affects are going to be.

Besides that we did ask for a second offer on my son and the insurance agent said that they wouldn't offer anymore then they already have.

Thank you for the advice though.:)
 

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