Legal Question in Personal Injury in Washington

nofault auto accident

rear end hit. Car slassified totaled by insurance co.They are only offering to pay medical and very very little if any above for anything else. They offered 5,200. Meds are over 4,000.

What can I do to support my claim? I feel three time med. cost would be fair.


Asked on 5/26/03, 6:00 am

2 Answers from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: nofault auto accident

You�re in the classic situation for which personal injury attorneys are best suited to help you. In my experience and opinion, the majority of insurance companies primarily focus on protecting the needs of the insurance company. One way to ensure this is to totally undervalue claims, such as yours.

If you feel that the settlement offer is unfair, do not accept it. Do not sign any paperwork provided by the insurance company, and do not make any statements to the insurance company representatives, on tape, in written form, or otherwise.

As soon as you can, seek legal counsel who is focused on personal injury or �torts.� Many of these attorneys will take a case like this one on a contingency basis. That is, you do not pay them for their time; rather they collect a percentage form whatever settlement amounts they collect for you.

Your personal attorney will deal directly with the insurance company. He or she will determine a dollar amount for your present and future injuries, a proper valuation of your totaled car, and whether you�re entitled to compensation for time off work and interference with life enjoyment caused by the accident.

Bottom-line: Do not attempt to settle your accident claim on your own. Get yourself an attorney ASAP!

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Answered on 5/26/03, 10:58 am
J. William Savage Rieke & Savage, P.C.

Re: nofault auto accident

Unfortunately, there is not enough information to answer the question in an informed way. Some add'l information includes: what is the nature and extent of your injuries? With whom have you treated, with what kinds of medical therapies, and over what period of time? Other needed information includes: when was the accident, who is the liability carrier, and what was the speed of impact. Cases with $4,000 in medical expenses are NOT just to be valued at 3 time the medicals, 5 x meds, 10 x meds, or whatever. Each case IS unique as we are all different, our bodies and lives are different, and trauma and injury affects each of us individually, e.g., active 30 yr-old who is now unable to swim / play tennis vs. sedentary 55 yr-old who works at a desk. I have settlled cases with $4,000 in meds for $10,000; I have also settled cases with $4,000 in meds for $50,000 or more. It just all depends. I have also sued other attorneys for settling cases too earlly and with insufficient information. You should also know that certain kinds of neck and back injuries do not make themselves readily apparent until months after an accident. I now have a case where a passenger needs surgery for a dessicated disk that was original thought to be just a chronic back strain. Her case was settled too early for too little with incomplete information.

Do yourself a favor and consult with an attorney who has some experience in neck and back injury cases. I have 25+ years of experience doing these cases, but you need not call me; the important thing to do is to talk to someone with experience who can advise you what best to do with sufficient information at hand.

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Answered on 5/26/03, 11:32 am


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