Legal Question in Insurance Law in California

car accident

i was involved in a car accident in july of this year. the driver of the other vehicle turned away to avoid looking at protestors on the street, i was slowly down for pedsetrians when he rear ended me. my car was totalled, my daughter that was with me was taken by ambulance to the hospital, she was 6 months pregnant. i went to the emergency room later that evening due to back and neck pain. i was under the care of a chiropractor for a total of 30 visits. my daughter is still going. i turned in my doctor bills, loss of wages and a few reciepts for gas and also asked for mileage for the trips to and from the doctor. my total of bills added up to roughly $3,300.00 the insurance company contacted me today and offered me a sum of roughly $4,100.00 now, to me that does not seem fair at all. is there any way of knowing roughly about what the insurance company should offer and why is my pain and suffering only worth less than a thousand dollars????? where do i go from here and should i retain a lawyer and also can i sue the man that hit me??


Asked on 11/09/01, 1:46 am

3 Answers from Attorneys
Michael Kushner Law Offices of Michael F. Kushner, A Prof. Corp

Re: car accident

Quite honestly, if insurance companies treated the injured victims fairly, no one would ever need an attorney. After an experienced personal injury attorney sits down with you and your medical reports and bills, pictures of the damage to your vehicle, repair bills, and the like, he or she can share their experience as to what the settlement value is of your case. Just based upon the facts that you shared, it would not suprise me if your settlement should be multiples of that the insurance company was offering. Finally, should you and/or your daughter elect to file a lawsuit, the defendant would be the person that struck your car.

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Answered on 11/09/01, 9:15 am
Ken Koury Kenneth P. Koury, Esq.

Re: car accident

it sounds a little low. you could probably do beeter with a lawyer but it will take longer to settle the case.

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Answered on 11/09/01, 2:09 am
J.Thomas Logan Logan Law Office

Re: car accident

It sounds as though you are dealing with the other driver's insurance company, and not your own uninsured motorists coverage. If I'm wrong about that, the answer would be slightly different.

First, the offer does seem low. The rule of thumb (and this is VERY general) is three times your medical expenses. Many factors can affect the value of your case, including the amount of damage to the vehicles, the injuries to the other parties, who provided the treatment, what the diagnosis was, etc.

These days, many insurance companies are making "low-ball" offers, hoping to find claimants who will settle for less than the case is worth in order to get a quick payment. If they don't see an attorney on the other side, the insurance companies tend to treat you worse.

In cases such as yours, the typical attorney fee

would be one third of the recovery if the case is settled before trial, and forty percent if the case goes to trial. If the attorney can get you twice what you can get by yourself, you are money ahead. Often, he can get you more than that. An honest attorney will consult with you and review the case for free. I would be glad to do this if you are close enough to come by my office. You can call me at (626) 744-7787.

If the insurance company will not settle, the only way to enforce your rights is to sue the driver and owner of the other car. You could

sue in small claims court without an attorney, but your recovery would be limited to

$5,000. Better to have an attorney.

Best of luck with your case.

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Answered on 11/09/01, 3:10 am


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