Legal Question in Personal Injury in California

Re: auto accident claim settlement

1. If you weren't that hurt in the first accident, you should try to get a little more money and run. Since this is your own insurance company, they owe you a special duty to settle in good faith. This means that they are not allowed to low ball you. They must offer a reasonable settlement. If they do not, you can sue them for bad faith and potentially recover punitive damages. Just tell the insurance company that the offer was in "bad faith" and give them a counter-offer.

2. The parties to the second accident will argue that any injuries you claim to have suffered from the rear-end accident were pre-existing - caused by your first accident. The fact that you were involved in the first accident, and the severity of any injuries caused by that accident, are more important than the amount of money you recovered. You may even be able keep private the amount of money you settled for.

3. I would recommend that you contact this office for legal representation. You can probably settle the first accident on your own with the advice I have already given. However, with regard to the second accident, having a lawyer will ensure that you are adequately represented and compensated.

Re: auto accident claim settlement

Cases like yours are more difficult then standard auto cases. Your case involves two seperate accidents which each insurance company will likely use to low ball you in settlement negotiations.

The insurance companies have several arguments they use in soft tissue and other minor injury accidents. One of them is the preexisting injury argument (the first accident caused the injury and the second accident if anything just exacerbated it and vice versa so therefore we should pay less).

What you need to do is consult a personal injury attorney in your area who can review the facts and medical bills of both accidents to see how your injury was caused. The attorney can help marshal the facts together for you to get the best settlement possible under the circumstances.

These cases can be real problems because juries are often skeptical when multiple causes of an injury exist.

Re: auto accident claim settlement

You are entitled to compensation for the 2nd injury. You can take the offer on the 1st case, and will need to fight for your claim on the 2nd. If your medical expenses are high, you will need an attorney to make an effective fight on the 2nd. Feel free to contact me if interested.

Re: auto accident claim settlement

This sounds like a case for a lawyer to handle. If you also had whiplash in the first accident, then there might be a tie-in. If it's a different type of injury then it really shouldn't matter -- but the other driver's attorneys or insurance company is sure to bring it up, anyway.

Re: auto accident claim settlement

Sorry to hear about 2 accidents in a row. You really need an attorney to look over your injuries and determine if the settlement is okay. Also, did you know that the health insurance company could seek reimbursement?