• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car Accident Advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

speckler

Junior Member
Hello,

I'm new to this forum, but I am looking for some advice and I hope I came to the right place. I was in a car accident in Iowa this week. I live in Minnesota, but I was down there on business (I'm a self-employed software consultant).

I was driving down a 4-lane road, and a car going the other way was rear-ended and came into our lane which we hit head-on. We were going about 35mph, and although the car we hit was stopped before they were rear-ended, the car at fault was going about 55mph.

My wife was in passenger seat, both airbags deployed, and both of us were wearing seatbelts. We were both taken to the hospital on back-boards, but we were both discharged after the x-rays came back clean. We both had very stiff backs and necks. My wife had a burn on her shoulder from the seatbelt and bruises on her right knee and left ankle that they x-rayed, but were not broken. Even so, she found it quite painful to walk and limped for several days.

By this time, it was late at night so we had to get a hotel room. The next day, I was able to get a rental car, track down our car at a junk lot, and get all of our stuff out of it. We took pictures of the vehicle and our injuries in case we needed them. My wife missed two days of work (she makes $8.50/hr) and I missed one and a half days of work (I'm self-employed and I make $60-70k/yr). The accident occured about 400 miles from our home, and it took an entire additional day to get home after all of that.

We were prescribed pain medication for our backs and necks, but it makes us very drowsy so if we take the medication we cannot work (even though I'm self-employed, it makes it very difficult to do my job when my head is all foggy from the medicine).

The police report states the driver at fault was cited for speeding (and he claimed that his brakes didn't work, if that matters). It also estimates the damage/replacement cost of my vehicle to be $5000. The Blue Book value of my car is only $3200.

My questions are, can I fight for $5k for my car, or will I only be able to get $3200? Should my wife and I go see a chiropractor since our backs and necks continue to hurt, in order to provide proof of that for insurance? What kind of pain and suffering, emotional distress, and loss of wages can we legitimately claim? If it matters, the at-fault driver's insurance company is Allstate.

Thanks in advance for all your help!
 


JETX

Senior Member
speckler said:
can I fight for $5k for my car, or will I only be able to get $3200?
You can 'fight' for anything you want... but the insurance company is only liable to pay you FMV (Fair Market Value).

Should my wife and I go see a chiropractor since our backs and necks continue to hurt, in order to provide proof of that for insurance?
Why would you even suggest that?? Isn't the hospital bill already proving your injuries??
Sounds like an attempt to 'pad the bill'.

What kind of pain and suffering, emotional distress, and loss of wages can we legitimately claim?
Again, you can claim anything you want.... but the insuarnce company is only going to compensate you for your ACTUAL 'damages'. That will be your medical bills... and possibly a few hundred each for 'pain and suffering'. You don't get 'emotional distress'... and she might get wages. You probably will get little or nothing for your 'self employment', unless you can show ACTUAL loss of income.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top