Legal Question in Personal Injury in Tennessee
Car wreck, personal injury, how much to demand from insurance?
I was recently in a car accident on July 3rd. I was 0% at fault the other driver said his brakes were malfunctioning (19 year old male) and drove through a stop sign. This spun my car out of control sliding into a ditch, hitting 1 culvert ramping over it into the next yard and hitting that culvert also. I was traveling around 35mph.
A bone in my left ankle was completely torn from my foot causing surgery and 2 pins in my ankle. Plus other cosmetic injuries such as a severe lip injury and many abrasions. I will most likely be in a cast for 2-4 months. The doctor said in a best cast scenario I will have extreme arthritis in my foot and worst case may not be useable at all and may require amputation if infection sets in.
Ive had to use 10 vacation days at work so far. My medical bills are already in the $30,000 range and look to reach around 50,000. I was wondering what kind of offer I should expect to request from the insurance company hoping to settle this out of court without the need for a lawyer. Of course if they try to low ball me which Im sure they will I'll not hesitate to get a lawyer.
Thanks,
Jon
4 Answers from Attorneys
Re: Car wreck, personal injury, how much to demand from insurance?
Attorney Todd Moore of our office has already replied to your message and I agree with him.
You need to preserve evidence now, such as photos of injuries, vehicles, roadway, diary of problems, pain, limitations. Todd and I have a list of things to do if you have been injured in an accident. Email our office and we will forward one to you.
There are some issues involving your health coverage and their right to be paid for the bills they have paid on your behalf. Make sure you consider your health insurance's right to re-payment in any settlement.
Contact me or Todd and we will be glad to help. I am on vacation until Monday.
Thanks,
Jon Perry
Re: Car wreck, personal injury, how much to demand from insurance?
Jon:
In your case, how much they will offer will depend on what insurance policy limits the other driver had and possibly your policy limits. For example, if the guy who hit you has policy limits of $25,000 they will obviously offer to pay you $25,000 but you may be able to recover some additional money from your insurance provider. However, if the other driver has a $1,000,000 policy, they will probably offer to pay you somewhere in the neighborhood of $80,0000 to $100,000, but your case may be worth substantially more. Because of the complexity of dealing with the insurance companies, theirs and yours, and the severity of your injuries I would suggest that you contact me or another attorney regarding your situation. If you choose not to, remember that you have one year from the date of the accident to file a lawsuit or all your rights to remove may be lost. Please let me know if I can be of any assistance.
Re: Car wreck, personal injury, how much to demand from insurance?
It is highly unlikely the insurance company will offer you what you deserve out of this case. However, you may need to concern yourself with two insurance companies. If the other driver's insurance is not enough, your underinsured motorist insurance might kick in.
You are entitled to Past and Future medical bills, lost wages, pain and suffering as well as damages for your permanent impairment, scars etc.
It is difficult to answer your specific question without knowing more details, but you are welcome to contact our office and speak with us further about it. Best of luck.
Marc Reisman 901-527-9600
Re: Car wreck, personal injury, how much to demand from insurance?
Jon,
Understand that at this point it is more than just what is the case worth, but how to maximize the money to yourself at the end. Insurance, UM/UIM, and Subrogation are all factors that need to be considered. Good legal representation can go a long way in maximizing your claim. If I can be of more help in answering more questions please feel free to contact me.
Sincerely
Evan Harris
Nashville, TN
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