Legal Question in Personal Injury in Virginia
Cash Settlement from Insurance Company
This summer our family was traveling on vacation when the car we were driving was hit by another driver (it was determined by the police to be this drivers' fault)). Our car was totaled and my two daughters and wife were injured and are now receiving chiropractic care, while my son and I were not injured. Recently, we were contacted by the other man's insurance company and they offered my son and I a small financial settlement. My question is: While my son and I were not injured, we were certainly inconvenienced by the accident (we lost one day of our vacation, spent one afternoon in the hot sun (90+ weather), and my wife and I have spent a lot of time hassling this man's insurance company over the payment of certain bills (i.e., rental car, etc). We want to be fair and just want to know what would be a fair amount to ask in this situaion and also what questions to consider when deciding this amount. Also, some idea of what others have asked would be helpful. THANKS!
1 Answer from Attorneys
Re: Cash Settlement from Insurance Company
Damages paid to a victim of someone else�s fault generally fall into two categories�actual out-of-pocket losses (medical bills, lost income, property losses, etc.) and general amounts for pain, inconvenience, physical limitations and so forth. However, there is no magic calculation to determine what amount anyone "should" get. A civil claim is worth either (a) what the two sides agree upon, or (b) what a jury says.
That said, a rule of thumb used by many insurance companies is 2 to 3 times special damages, subject to a certain minimum to make the offer enticing. But do remember that in any negotiation, the first offer is often subject to change.
Also, in your case, each person affected has their own separate claim.
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