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Allstate and accident compensation

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vt123

Guest
My son was a passenger in a truck accident. Driver at fault took curve too fast and had been drinking some --one passenger killed. Driver charged with manslaughter. My son was airlifted. Had broken collarbone, 40 or 50 stitches to his back and head. He was put in a neckbrace for two weeks. Lots of scratches and bruises --two smallbones in back broken. He has had about 14,000 in medical bills and 2300 lost wages. He has been released from doctor after 8 months.
Allstate has offered $28000 to settle . Is this a fair settlement? Please help. If it is fair, I want to settle. We orginially thought $50000 was fair. We don't know.
 


P

ProResearch

Guest
The other insurance company , in this case Allstate, is starting low. Counter with another figure. They will come up some but you may have to counter with yet another figure.

When I did my settlement, the other driver's ins. co. came up three times in less than 10 minutes or so talking on the phone. They knew they were low to begin with but were 'testing the water,' so to speak.

Only *you* know what your (or your son's) personal case is worth. If they offer $28,000 try to get them to come closer to what they initially offered and your $50,000. If you can live with the final offer, then you should settle. If you cannot live with it, then you file a lawsuit after you have obtained a good personal injury *trial* attorney....... and then they will settle hopefully.

Let us know how you do..... :)
 
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K

Kevin O'Keefe

Guest
[QU. Is this a fair settlement? Please help. If it is fair, I want to settle. We orginially thought $50000 was fair. We don't know. [/B][/QUOTE]

It is impossible to know what is fair without knowing more, especially whether your son is going to expereince any residual problems.

Two things you should know. One, Allstate will do whatever it can to get by with paying far less than what is fair. In addition they will do whatever they can to get you not see a good lawyer. In my expereince they are one of the worst insurance companies to deal with.

Second, this is a significant injury claim. You will not receive fair compensation without the help of a good lawyer. That's because all negotiations begin from a position of strength. A position of strength here means that if Allstate is not being fair you put the case in suit and proceed to trial. You just do not have that leverage without a lawyer. Just because you have a lawyer does not mean a trial - 99% of cases are settled. Also you will receive more after any fees are paid than you would on your own.

Please at least talk with a good local caring personal injury lawyer. Begin with members of your state's trial lawyer's association and the Association of Trial Lawyers of America. Members of those organizations champion the cause of people like yourself. It costs nothing to talk with the best lawyers - they can answer all your questions, explain the options you have and put your mind at ease.

If you need help in identifying good lawyers in your area, ask em or other lawyers helping folks here.

Best of luck to you and your son.

- Kevin

Kevin O'Keefe
Plaintiff's trial lawyer of 17 years
 

I AM ALWAYS LIABLE

Senior Member
Re: Re: Allstate and accident compensation

Kevin O'Keefe said:
[QU. Is this a fair settlement? Please help. If it is fair, I want to settle. We orginially thought $50000 was fair. We don't know.
It is impossible to know what is fair without knowing more, especially whether your son is going to expereince any residual problems.

Two things you should know. One, Allstate will do whatever it can to get by with paying far less than what is fair. In addition they will do whatever they can to get you not see a good lawyer. In my expereince they are one of the worst insurance companies to deal with.

Second, this is a significant injury claim. You will not receive fair compensation without the help of a good lawyer. That's because all negotiations begin from a position of strength. A position of strength here means that if Allstate is not being fair you put the case in suit and proceed to trial. You just do not have that leverage without a lawyer. Just because you have a lawyer does not mean a trial - 99% of cases are settled. Also you will receive more after any fees are paid than you would on your own.

Please at least talk with a good local caring personal injury lawyer. Begin with members of your state's trial lawyer's association and the Association of Trial Lawyers of America. Members of those organizations champion the cause of people like yourself. It costs nothing to talk with the best lawyers - they can answer all your questions, explain the options you have and put your mind at ease.

If you need help in identifying good lawyers in your area, ask em or other lawyers helping folks here.

Best of luck to you and your son.

- Kevin

Kevin O'Keefe
Plaintiff's trial lawyer of 17 years [/B][/QUOTE]



My response:

That was a wonderful response, Kevin. Glad to have you aboard. In which State do you practice?

IAAL
 

stephenk

Senior Member
good thing i am wearing my boots, it was getting kind of thick in here. "good local caring personal injury attorney"? hehehehe

if the offer is inclusive of medical and LOE specials, then yes the offer is really low.

if plaintiff has stopped treating and has no residuals, a good demand by the plaintiff could be $35,000 plus medicals and LOE.

that demand is similar to a demand if represented by an attorney of about $75,000.

Welcome aboard Kevin!
 
V

vt123

Guest
So when I talked to the ins. adjuster, we offered to settle at $50000 and they offered $28000 total including medicals/LOE. I have now made an offer to settle at $45000 and will not hear back until MOnday. So if they refuse this offer, would your suggestion be to get a lawyer?
 

I AM ALWAYS LIABLE

Senior Member
My response:

You said - -

"Had broken collarbone, 40 or 50 stitches to his back and head. He was put in a neckbrace for two weeks. Lots of scratches and bruises --two smallbones in back broken. He has had about 14,000 in medical bills and 2300 lost wages. He has been released from doctor after 8 months."


You know, I really enjoy and like StevenK, I sincerely do. However, you need to know that StevenK is an insurance defense attorney!

If you had a case like this, and StevenK was the opposing counsel, and you settled for $50, $75, or even $100K, StevenK would be laughing all the way to his luncheon with his insurance company adjuster - - or laughing all the way to the bank with his year-end bonus!

You are really doing your son, and yourself, a great disservice by attempting to settle your own son's claim - - especially at the numbers you're talking about. If I were you, I would immediately WITHDRAW any settlement offers, and high-tail it to the nearest Personal Injury attorney.

With those injuries, and the "residuals" that your son will experience later on, his case is EASILY worth $150,000, or even much more.

Get the advice of a Personal Injury attorney as soon as possible. The Allstate adjuster is "taking you for a ride."

IAAL
 

stephenk

Senior Member
A hex upon the evil plaintiff's attorney.

In any event, IAAL, the figures you are quoting are reasonable in California, if all the stars are lined up properly.

Unfortunately, the poster has failed to include the state they live in. Anything outside of southern California and the Bay area is at least 2-3 times less in value.

Hey, congrats on winning that trial, if you werent pulling my leg.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
"It's Stephenk!!!! sheesh"


==================================

My response:

Whooops! Sorry, Stephen.

Yes, it certainly would have been nice if our writer had followed the instructions in the BIG RED WORDS at the top of the screen.

But, with those injuries, I really rather doubt I'm too far off on my figures - - anywhere in the country. Those were some SERIOUS injuries.

And, thank you my friend. It was a bit of a fight, but the jury came back "real sweet." I immediately sent defense counsel "Notice of Entry of Judgement" and now, I'm holding my breath waiting for the ten days to go by . . .

IAAL
 
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stephenk

Senior Member
make a policy limit demand in writing. give the carrier about 15 days to respond. if the carrier refuses the demand, you may have opened the policy and the carrier would be responsible for payment above the limit of 100k.

do go and talk with an attorney.
 

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