fair pain and suffering settlement?

by rechard23 » Wed Oct 10, 2012 11:13 pm

So last week I was hit by a car while riding my longboard. I was in the pedestrian lane going against traffic. As I was starting to cross a street at a T intersection a woman travelling the same direction as me attempted to make the left turn at the intersection and failed to yield to me and hit me. She received a ticket and I was transported to the hospital via ambulance with bad lower back pain and some road rash. I was there for a few hrs, they did an xray and nothing was broken, doctor said I probably tore the muscle. He prescribed me some pills and sent me on my way. So far total medical bills are around 6000. Her insurance only covers up to 3000 of it and I believe my insurance company will be billed for the rest. Im currently unemployed and was in the process of getting hired on at a construction job (not gonna happen any time soon now). It still hurts to get around but I dont think its bad enough that I need pt or any other further treatment. What kind of settlement offer can I be expecting once the insurance adjuster finishes her investigation? Its state farm btw..

Total Comments: 1

Posted: Sat Oct 13, 2012 12:22 pm Post Subject:

Her insurance only covers up to 3000 of it and I believe my insurance company will be billed for the rest.


This is some kind of mistake. No one with auto insurance in America has liability limits this low (Florida's BI minimum is $10,000). "Medical Payments" coverage might be this low, but it has nothing to do with your incident. MedPay only covers OCCUPANTS of the vehicle, not third-party pedestrians, like you. Your claim is for the tort of bodily injury liability.

You don't mention in what state the collision occurred. I don't know where your information comes from, but whoever gave it to you is wrong. Besides, the party who injured you is responsible for all of your damages -- medical expenses, lost wages (if unemployed, you have none), and the ubiquitous "pain and suffering."

What kind of settlement offer can I be expecting once the insurance adjuster finishes her investigation?


No one here can answer that question for you. What do YOU want? That's your starting point, and expect to be offered less. If you have no permanent disability or disfigurement, a few thousand dollars is about all it's worth (not more than one comma and three zeros in the check). Don't even begin to think an attorney will be able to improve on that.

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