Legal Question in Personal Injury in Virginia

Insureance settlement for accident

I was involved in an auto accident in late august last year. The driver hit me from behind at 50mph with me stopped. My truck was totaled but that is settled. To this point, I have ~7200 in medical bills and have mostly mended with two exceptions. I have persistent ringing in my right ear and intermittent back pain which the Doctors say I am stuck with unless it eventually works it self out... i.e. no treatment for either condition. My employer was very good through the ordeal and didn't make me take sick time for time out of the office and extended flexible hours for when I was really suffering... but there was a cost. I believe that I was passed over for a promotion due to the time I lost from work in a very competitive work place. Further complicating this, I was an avid triathlete which I was unable to continue post accident. I regressed for almost 7 months and have struggling for the last 3 to establish any sort of routine in spite of the two conditions. Today I heard back from the adjuster with an offer to settle for about 20,000 minus the ~7200 in bills. I'm 42 and live in Virginia... how bad are they messing with me? Is this reasonable?


Asked on 6/30/08, 8:49 pm

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

Re: Insureance settlement for accident

hard to say without knowing more about your injury and medicals--there is no reason to deduct the amount of medicals paid. You should check with your own insurance co. (auto) as you probably have medical payments coverage which will pay you for the medical bills incurred (even if already paid by other insurance) and the wrongdoer's insurer is not entitled to a credit.

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Answered on 7/01/08, 5:54 am


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