Legal Question in Personal Injury in California

auto accident

Liability is clear. I was at a complete stop, in the left turn lane. The passenger was also hurt (a minor) I was waiting for the light when someone slammed into the back of P/U. She was in violation of the California Vehicle Code 22350 and 26453. she told me that her brakes were not working properly. If she knew her brakes were not in good working order she should have not been driving the vehicle. In our conversation she did tell me that she was sorry that she hit me, hoped that I was not injured to badly, and she would have the damages to my truck fixed. the adjuster paid 75.00 for repairs then told me that i could not have any injuries with 75.00 of damage. insurance company pro shop estimate was 780.00. i want to settle this case because i was in another rear end accident which was worse than this one. I was hit at 15 mph. i have about 2500.00 in medical bills and the damage. i want to see if i can settle this with out an attorney, what do u think i should settle for. it will be hard to determin how much is the first accident's pain now.


Asked on 3/09/02, 7:38 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: auto accident

Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. Pain and suffering is variable of all of the above. More detail is needed to advise you. You would be well served by obtaining representation. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve. Please call me directly at (619)222-3504

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Answered on 3/14/02, 1:05 pm
Victor Hobbs Victor E. Hobbs

Re: auto accident

The medical bills are called the 'specials.' The old rule was 3 x specials. They'll now offer 2 x specials. However, they'll usually settle for 2.5 x specials. Then call the medical providers before accepting the settlement and get them to agree to reducing their bills to you by between 20% to 30%. Ask them if they want their money now or a year from now. Then accept the settlement offer. However, if the property damage is real low. They'll jack you around, and you may have to get an attorney to help.

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Answered on 3/11/02, 3:44 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: auto accident

Thanks for your question. The insurance companies will delay the claim and lowball you on your property damage and medical bills. It helps to have an attorney put pressure on them to settle the case especially if liability is clear (a police report helps). Did you have med pay on your car insurance? Do you have health insurance?I will gladly talk to you about this matter. Call me at (714) 639-6582 for a free consultation. Good luck and thank you.

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Answered on 3/11/02, 6:27 pm


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