by MW3 » Thu Feb 16, 2012 09:29 am
On Christmas eve (12/24/11) I was in an accident with my girlfriend, we were t boned by a driver that ran a red light, we were hit on the right side of the car (I was the passenger) and I suffered a fractured arm (shattered in like 5 places, humerus fracture to be exact), and a laceration on my ear (I banged my head against something, can't remember what, but had to have my ear glued back together), anyway the doctors said I needed surgery for my arm to ever have a chance to fully recover, so about about a month later I went in, and had a plate and 10 screws put in my arm. So finally the other driver's insurance is accepting liability and paying the med bills and settling.
So my question is, what would be a reasonable amount to settle for (for pain and suffering?)
So my question is, what would be a reasonable amount to settle for (for pain and suffering?)
Posted: Thu Feb 16, 2012 10:15 am Post Subject:
There is no way to tell without knowing your age, your location, your medical bills, reviewing your medical notes. I can say you'd probably start by finding out what the other person's policy limits are and if they are low, determining if you have UIMBI coverage (under insured motorist bodily injury). Your injury was quite serious and would warrant a high settlement amount. Not only did you have pain from the accident but you had paint and recovery in general, you had pain and recovery from the surgery and you may need future medical treatment. You probably also have scaring on your ear and from the surgery to your arm. Also, will you ever be 100%?
If your medical bills were $20,000 - $30,000 I could easily see the argument for a $100,000 settlement.
Again, start by finding out what the person's policy limits are and go from there.
Posted: Thu Feb 16, 2012 03:32 pm Post Subject:
Thanks for the reply - i'm 23, live in Idaho (as well as the other driver) but the accident happened in Oregon. How would I find out what his policy limits are? Just ask his insurance adjustor that's handling the claim? Am I limited to pnly receiving up to his policy limits?
Posted: Thu Feb 16, 2012 03:33 pm Post Subject:
Thanks for the reply - i'm 23, live in Idaho (as well as the other driver) but the accident happened in Oregon. How would I find out what his policy limits are? Just ask his insurance adjustor that's handling the claim? Am I limited to pnly receiving up to his policy limits?
Posted: Thu Feb 16, 2012 06:55 pm Post Subject:
Yes, you ask the carrier. They may not want to tell you but some states require they they do.
The insurance company is only going to pay up to their limit and regardless of the amount they offer, they are going to require that you sign a release for that amount. A release means that you can no longer pursue any claim against their insured. Your choice is to turn down the insurance companies money and collect from their insured (file a lawsuit). You can do this if you think their insured has money.
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