Rearend Accident -- Minor Personal Injury

[Sandie]

I was rearended a few days ago. The other driver's insurance has taken the liability for the accident, arranged for a rental while my non-drivable car is being evaluated and wants to settle my personal injury portion "as soon as you're feeling better". I did go to work the very next day out of necessity due to statewide testing my third grade class is in the midst of but left at noon to go see my doctor. I had hit my head quite sharply and was quite dazed and in shock from the accident. She diagnosed mild concussion and mild whiplash which she said would probably get worse first before it got better. The concussion part of the injury has been fairly uncomfortable and the whiplash injury is now becoming worse, too. She recommended treatment with ice and ibuprofen and to return if it got unbearable and/or if it wasn't gone in 2 to 3 weeks as I might then need physical therapy.

My question is: Do I need legal counsel in this situation? Physically I think I will be okay within a month as I am managing to function now with this discomfort.

I'm also concerned about my vehicle. The blue book price for it is at least $500 less than I paid for it 8 months ago but over these 8 months I've put at least $700 into the car with new tires, new windshield and other work. If the insurance decides to total (it seems borderline pending the final estimate by the shop which they expect to have ready Monday) I could be out all that money if all they want to give me is blue book. This, of course, doesn't seem fair. Particularly since the accident is the other guy's fault.

Any advice out there for me? Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Sandie:
I was rearended a few days ago. The other driver's insurance has taken the liability for the accident, arranged for a rental while my non-drivable car is being evaluated and wants to settle my personal injury portion "as soon as you're feeling better". I did go to work the very next day out of necessity due to statewide testing my third grade class is in the midst of but left at noon to go see my doctor. I had hit my head quite sharply and was quite dazed and in shock from the accident. She diagnosed mild concussion and mild whiplash which she said would probably get worse first before it got better. The concussion part of the injury has been fairly uncomfortable and the whiplash injury is now becoming worse, too. She recommended treatment with ice and ibuprofen and to return if it got unbearable and/or if it wasn't gone in 2 to 3 weeks as I might then need physical therapy.

My question is: Do I need legal counsel in this situation? Physically I think I will be okay within a month as I am managing to function now with this discomfort.

I'm also concerned about my vehicle. The blue book price for it is at least $500 less than I paid for it 8 months ago but over these 8 months I've put at least $700 into the car with new tires, new windshield and other work. If the insurance decides to total (it seems borderline pending the final estimate by the shop which they expect to have ready Monday) I could be out all that money if all they want to give me is blue book. This, of course, doesn't seem fair. Particularly since the accident is the other guy's fault.

Any advice out there for me? Thanks.<HR></BLOCKQUOTE>


My response:

See an attorney, and make your claim for General Damages (pain & suffering) and your property damage. Ask yourself, "but for" the accident, would you have to "put up with" the bodily pain and property damage? Of course not. You are only entitled to the fair market value of your car on the date it was damaged. However, with the general damages money, you'll be able to get another car, and put some money in your pocket.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Sandie]

Thanks for the advice. Many friends have recommended seeking legal advice but I was hoping I wouldn't need to. I guess it sounds like I really should.

Sandie

 

[Sandie]

I'm wondering how a personal injury and damages settlement is calculated...is there some sort of formula? I have NO idea what such a thing would result in moneywise...

Sandie

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Sandie:
I'm wondering how a personal injury and damages settlement is calculated...is there some sort of formula? I have NO idea what such a thing would result in moneywise...

Sandie<HR></BLOCKQUOTE>

My response:

There is no "formula." A settlement depends upon the type of injury and its severity. If you really want to get an "eyeful" on this subject, go to page 4 of this Board (go to bottom of this page and click on the 4) and read the posting entitled "Please??????????" from Haley3. You'll get all the straight poop on this, and more. Then, if you have more questions, come on back here and post them. Go ahead, I dare you.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Sandie]

Okay...I get the message...get legal counsel. I will do that. The accident happened Thursday pm. Friday afternoon, I did give a taped interview to both my adjuster and the kid's adjuster. The kid's adjuster during the course of the taped interview informed me that they were accepting liability and would furnish me with a rental car. I did not in anyway admit to any responsibility for the accident and I was able to recount to them things that they're client said that clearly indicated he simply wasn't paying attention. I guess it would have been wiser to obtain legal counsel first but having mild concussion has not helped matters.

My doctor did not send me for any testing or xrays as she seemed to think I would be fine within a week or two. I mean...I think I'll be okay too but, you're right, I shouldn't have had to put up with ANY pain or discomfort. Should I have insisted on tests? Should I go back to the doctor? Now I'm second guessing myself. I will find a lawyer tomorrow for sure.

Sandie

Sandie