How much can I get for a total loss settlement

by Monosmom » Wed May 19, 2010 05:22 pm

I was just in an accident on may 4th it was a 4car accident my 2006 Toyota sienna xle is a total loss the driver that hit us has claimed fault. My 6week old daughter was with me I had a really bad bruise on my leg and chest pain. We both went to the doctor everything is fine only thing now is I am scared someone is going to hit me again to the point where my chest hurts. My car insurance is paying my lien holder for the value of the car my gap insurance will cover the rest. My question is how much can I settle for with the other insurance? My husbands thinks I'm intitled to get enough money to put us in another car, other people are telling me to ask for $25,000 is that too much? The other insurance is giving me a check for a rent a car for 8 says $40 per day. I just want to settle for something fair and
reasonable.

Total Comments: 5

Posted: Wed May 19, 2010 06:20 pm Post Subject:

First, property damage and injury claims are separate. You have already collected on your property damage. Your carrier will seek reimbursement and refund your deductible to you.

As far as your injury claim, that depends on your actual injury (a bruise for you and just a check up for your daughter). You can also include your fear but was it bad enough that you sought professional treatment? Do you have anything else, other then your statement, to show that you suffer from this situation? I'm not saying its real but you need to understand that you need to be able to show that you suffer from this. Certainly your statement should be considered but I'd not expect too much consideration.

Do I think you will get anything close to $25,000? Not on your life. I'm guessing the offer will be a few thousand more then your medical bills.

Posted: Wed May 19, 2010 08:28 pm Post Subject:

That's what I thought as for the chest pain I have seeing also emailing and talking with my dr about it. How do I settle do I tell them I'm ready to settle and see what they offer?

Posted: Wed May 19, 2010 08:31 pm Post Subject:

Also the chest pain was so bad I couldnt even pick up or hold my 6 week old or my 2 year old for about four days. Is the reason why I won't get a big settlement because they paid my lein holder?

Posted: Wed May 19, 2010 08:34 pm Post Subject:

Well yes... the money they paid was to you... but your lien holder took the money as they had a lien on the property the insurance was paying for. I think you are confused. People don't get "big settlements" on property losses. That applies to injuries only.

Yes, when you want to settle your injury claim you speak to the adjuster about that. They may want to obtain your medical records for review in order to make an offer. They will let you know. You should be prepared to ask them for a certain amount or at least have an amount in your mind. They will make an initial offer which is just that... initial. Be prepared to support your demand for more money. The more information you can give to the adjuster the better your argument for more money.

In order for them to issue any payment on your injury claim they will require that you sign a release.

Posted: Wed May 19, 2010 10:18 pm Post Subject:

They didn't give me any money they are just gonna give it to my lien holder which I knew they would so thank you for clearing that up for me. Do you think 7,000 is still too high for both my daughter and I also tell th open medical.

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