Looking for some general guidance

What is the name of your state? NC

I was involved in an accident a few days ago. I have some minor injuries (aches, lots of cuts from the glass) and my car has been totaled. The other driver has accepted fault for the accident and my father and I are now waiting to settle with his insurance company. Unfortunately, we don't have much experience with this stuff and are both more naive than a 16 yr old girl at a frat party. My car was an old Accord, not worth too much, and I'm afraid they are going to offer us a miniscule amount of money that will barely, if we're lucky, cover the cost of another beat-up old Accord. I'd like to make sure I get compensation for general damages because it's just my uneducated gut feeling that because it is their client who hit me and disrupted my life, they should at least compensate us enough to comfortably pay for another car (even if it's not new or pretty) and a modest amount for "pain and suffering."

I'm just looking for any general advice anyone can offer about this; I've tried to do some research myself but it's hard to find information that doesn't come from a $29.99 book off some website. I just keep getting told that I shouldn't have to settle for a meager amount and can expect at least some compensation for "pain and suffering." I'm not looking for a brand new car or anybody to fund my college education, I just don't want my family and I to get screwed over, more or less.

I appreciate even the smallest advice anyone can offer.What is the name of your state?

www.kbb.com

They only have to pay you your vehicle's actual cash value, but there is some room for negotiation.

Pain and suffering is more subjective. Have you seen a doctor? Have you missed any work?

The insurance company is only required to offer you ACV, or actual cash value, for your vehicle. They are not responsible for replacing it with another vehicle that is comfortable.

There is no pain and suffering guideline, but you should probably see a doctor before you ask for compensation for that.

Here is a free link:

http://www.ncdoi.com/consumer/consumer_publications/automobile/a consumer guide to automobile insurance.pdf

No, I have not missed any work, although I was unable to fully perform at work since it requires lifting and carrying heavy boxes. I was afraid to miss work and not be compensated for what I'd lost by not going. I did see a doctor at the ER and will have a followup visit with another doctor in the next week. I'm already healing and already starting to feel better. I doubt I'll have to see a physical therapist or anything of that nature, and even if I did, I've already signed something with the insurance company stating that they would pay up to 5000 for any future medical expenses.

I don't expect to get much for the car. But everything I've read, which of course I have no idea whether or not is right, has said that "general damages" can cover any number of things, not just how much physical pain you're currently in. I was lucky to receive comparatively minor injuries. However, regardless of how my injuries are now, having embedded glass taken from your arm, face, mouth, and leg is pretty much always painful at the time it happens - and this all happened because their client hit ME. This is in addition to all the time, energy, and money we are having to invest into this, which we would not be doing if the other driver had kept to his lane.

There are no disputes as to who is as fault; I just can't see us settling for only a couple thousand dollars. They're going to cover future medical expenses, but I want someone to compensate for damages already incurred - which I feel exceed the cost of an old Honda Accord.

I understand that the general damages are subjective, and I'm guessing the claims agent won't even bring them up when making us an initial offer (?). I'm getting angrier and angrier over this the more my life is disrupted by something that wasn't even my fault! I know life isn't fair, but holy guacamole. Do I need to get a lawyer? Should I have written a demand letter? Because I'm not accepting only a couple thousand when I had to eat glass souffle on account of somebody else's shoddy driving.

And, thank you for the responses, as well as the link.

When you were injured, did you spend the evening at home picking broken glass out of your skin? No, you saw a doctor.

Similarly, stop trying to negotiate with the insurance company. Their only incentive is to take advantage of your naivete. Get a lawyer and let him worry about it.

As for your car, indeed you can only get replacement value. But the rest of the settlement should be large enough to let you buy a better car if you want.

Word. Thanks, I think I'll do that.

shortbus said:

As for your car, indeed you can only get replacement value. But the rest of the settlement should be large enough to let you buy a better car if you want.

Click to expand...

Shortbus meant to say actual cash value, not replacement value. Replacement value is what you WANT, but won't get, which is, enough to replace your vehicle. Instead, you will get the depreciated value.

Just didn't want you to get too excited!

Yes -- I meant actual value -- my error