Legal Question in Personal Injury in California

Re: Rear ender

The fair settlement amount depends on many factors, including the nature of your injuries, the kind of accident, the residual pain, wage loss, future symptoms, likelihood of full recovery, property damages just to name a few.

You cannot ask for more than a policy limit from a company as the insurer does not have to pay more than what the policy covers his insured for.

Thanks,

Arkady Itkin

http://www.arkadylaw.com

Re: Rear ender

Usually it is very foolish to settle a bodily injury claim of this magnitude (tens of thousands of dollars) without using a lawyer.

I would have advised you not to have spoken to AAA. I would be suprised indeed if you have been able to get a copy of the other party's declaration page (which sets forth the policy limits).

AAA's idea and your idea of a "fair" settlement will be very different, and you -- please do not be offended, and please step back and carefully reflect on your own skills and abilities -- have no training or experience in claims settlement, negotiation, law, or medicine. You are up against a big, mean insurance company who plays this game thousands of times per year. They will stall you, lie to you, and outnegotiate you. If you let them.

Re: Rear ender

You can ask for anything you like. You are going to get whatever the insurance company is willing to pay, or whatever a jury verdict says you're entitled to. There are no rules, formulas, etc. Every case has to be argued. A good attorney can generally get a fair/ reasonable settlement; that's why people hire them. Pro Per's generally don't do as well because the insurance company takes advantage of their ignorance and inexperience. That's just the way the system works. If the case is in SoCal courts, and you're serious about getting counsel, feel free to contact me.