Expected settlement amount

[Cnote1224]

What is the name of your state? Va

 

[Cnote1224]

I was rear ended. Car totaled out. $7500 in damages but later totaled out at $13k value. I got to physical therapy. Scheduled for 6-8 weeks. I’m getting treated for whiplash and soft tissue damage to lower back. I am also seeking lost wages bc i used the vehicle for Uber part time. I Made about 600 a week doing Uber. What’s an expected settlement?

 

[HighwayMan]

There is no "expected" amount. There is no standard. You can't even think about numbers until your medical treatment is done.

 

[Cnote1224]

Thanks

 

[adjusterjack]

The criteria for wages is that your injury prevents you from working, not that you don't have a car. You'll be expected to mitigate your losses. If you can drive, and I suspect that you can, get another car and get back to Ubering. Otherwise you won't get any money for loss of use of the vehicle other than the amount of time that you should have taken to get a replacement, not the amount of time that you do take to get a replacement.

 

[Cnote1224]

The criteria for wages is that your injury prevents you from working, not that you don't have a car. You'll be expected to mitigate your losses. If you can drive, and I suspect that you can, get another car and get back to Ubering. Otherwise you won't get any money for loss of use of the vehicle other than the amount of time that you should have taken to get a replacement, not the amount of time that you do take to get a replacement.

But I’m in pain do to the accident. It’s uncomfortable sitting for long periods of time. Thus making it difficult to drive.

 

[ShyCat]

But I’m in pain do to the accident. It’s uncomfortable sitting for long periods of time. Thus making it difficult to drive.

How is that relevant to lost wages if you don't have a car to drive?

 

[adjusterjack]

But I’m in pain do to the accident. It’s uncomfortable sitting for long periods of time. Thus making it difficult to drive.

Then you can claim loss of earnings.

How is that relevant to lost wages if you don't have a car to drive?

Doesn't really matter as long as the injury itself prevents driving any car.

Having been a taxi driver on occasions long ago I can understand how pain can prevent long intervals of driving. A claim for lost earnings would be valid under the circumstances. But as soon as the poster is recovered he would then have to mitigate by getting another car and getting back to work.

 

[00PersonalInjury00]

How long ago did the accident occur? If it just happened recently, then you usually cannot ascertain an "expected value" because you are in the early stages of medical treatment. I don't know the injuries you sustained (fracture, tear, soft tissue, etc), the type of treatment you have received, or how long you have been treating. Is it only PT? Any MRIs as of yet? I don't know the "expected value," but if the accident occurred in VA, the at-fault driver may have a VA policy, and the minimum policy limit for VA policies is $25,000 per person and $50,000 per accident (25/50). If you were driving for Uber at the time (depending on what you were doing on the app), you may potentially be entitled to more money.

There are several aspects to a personal injury claim. A good attorney will try to maximize the value of your claim. That requires information on the at-fault party's policy limits and yours as well (the attorney obviously will have your insurance info at the start of the case). Do not rely too much on lost earnings from Uber. If your vehicle is totaled, the at-fault carrier only responsible to cover the value of the vehicle at the time. If the car was paid off, you can use that to lease/buy a new car. If the car was totaled and that was your only way of making money, it is your responsibility to get another car. If you do get a new car, and you drive a lot less due to pain or as suggested by your doctor, the attorney can use your prior Uber income and your new decreased income to show that you have lost earnings.

 

[ALawyer]

A few thoughts.

Unlike most states which have "comparative negligence" laws, Virginia is one of a very few states that totally bars any recovery if the claimant was in any way at fault for the accident. As a result insurers defending a claim have a gigantic lever on their side because they can argue they will be able to show there was some negligence -- even a tiny bit -- on your part, and pressure you to take a tiny settlement, otherwise they say we'll let you take us to trial and maybe you'll get nothing. That really hurts when negotiating a settlement.

You mention you used the car as an Uber driver. Unless you notified your insurance company when you took out the policy you were a part time Uber driver, it just may be able to claim it can contest its liability to you for medical care.

Getting a significant settlement typically depends on a persistent, long term injury, disfiguring scaring, or permanent loss of function, and/or the need for expensive ongoing treatment.

It's likely too close in time to the accident to determine whether the pain you now are experiencing is going to be short term or permanent. However getting an auto accident/personal injury lawyer involved sooner rather than later -- and especially before you mess up chances by saying something that harms your case -- is likely your best bet as they are pros when it comes to negotiating with an insurance company. But be careful to choose a good lawyer who actually tries cases as far too many personal injury operate like a mill and take in many cases with the intent of quickly resolving them -- even for a law settlement -- rather than working them up and taking them to trial if necessary.