Legal Question in Personal Injury in California

how to settle a pi case medical-property damage

in a pi case, what formula is used to settle the medical. and how is the property damage settle. my body shop estimate is alot different than what the insurance company stated. i have to two estimates from two body shops and both are roughly the same vs the insurance estimate. one last question, if i am not happy with property settlement can i sue them in small claims for the property damage, medical settlement etc. thanks sam


Asked on 12/30/08, 12:04 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: how to settle a pi case medical-property damage

Hello, Sam.

1. There is no strict formula to determine a fair bodily injury settlement, as many factors determine this beyond the injuries and the treatment and received. An experienced attorney can evaluate the injuries and other circumstances and determine that.

2. When you received a property damage reimbursement you must have signed a release to that effect or you otherwise agreed to the amount that they issued for that portion of your claim, in addition to cashing the the insurance company check which implies that you accepted the settlement offer. So, there is no purpose in filing a small claims action.

Thanks,

Arkady Itkin

http://sanfranciscoaccidentinjurylawyer.com

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Answered on 12/30/08, 3:17 pm


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