Legal Question in Insurance Law in Vermont
auto accident/victims rights
My 4yr old daughter was involved in
car wreck a year ago - riding with 5
other kids from her daycare. The
other driver was at fault, and was
criminally charged. All the occupants
of my daughter's daycare provider's
car (which was totalled) had to go to
the hospital, some by ambulance,
with injuries ranging from none to
severe chronic muscle & nerve
damage. My dau was lucky - no
injury but very frightened - but the
ins co is only offering $300, which
seems very low. What is the usual
range for this type of settlement?
Also, I was one of 1st on scene and
assisted the injured, and spent the
full day helping out, staying with kids
in the hospital whose parents
coudn't be reached, bringing some to
my own home, etc., losing a day's
wages. Am I entitled to
compensation myself?
Thank you.
1 Answer from Attorneys
Re: auto accident/victims rights
Yes, you might be entitled to compensation yourself for the trauma you suffered as a first responder parent, and $300 could be high or low depending upon the facts of the case.
If nothing else, you might argue the theory that you saved the insurer money by comforting the sick and reducing their fear and suffering, not to mention your own trauma.
The best course is to spend an hour with an attorney talking over your options. Since the insurer has already offered $300, it's worth something to talk to one of the better PI trial lawyers in your area about it.
Why one of the better PI trial lawyers? Because that person will have a very good idea in a short period of time about what a case is worth.
The main questions to consider are 1) what do you hope to get out of it and 2) what do you think is right? Your own moral sense is a good litmus test for what a jury in your area might do, so have this thought out before contacting a lawyer, who can fill you in on the legal arguments.
The attorney might agree with me that trial would be a waste of resources when liability is clear, making mediation/arbitration a very good alternative.
In mediation, the parties decide what the outcome is to be with a neutral ho helps them flesh out the issues.
In arbitration (which can sometimes follow mediation), the arbitrator amakes the final decision.
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