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Old 07-17-2013, 10:04 PM
 
1,915 posts, read 3,240,851 times
Reputation: 1589

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Glad to hear you got out safely. Just settle for what you need - full replacement cost of the car, any medical expenses, lost wages (if applicable), and a small extra lump sum to cover your increased insurance premiums for the next 3-5 years. No more no less.

There are too many crazy drivers here, which is why I allow A LOT of following distance from the car in front of me
At least 4 sec reaction time, more if bad weather or if I'm being tailed.
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Old 07-18-2013, 02:43 AM
 
833 posts, read 1,886,584 times
Reputation: 845
If your wife is having medical issues with her vertigo you need to talk your insurance company and let them hash it out and possibly a lawyer. If everyone was completely ok I would make them give you double and call it a day but if you have a potential long term issue to deal with you need to be reasonably compensated as that is why we have insurance.
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Old 07-18-2013, 06:01 AM
 
914 posts, read 1,833,223 times
Reputation: 588
You can settle the property damage claim for the value of the car without releasing any of the personal injury claims. If you do this, be very careful about any documents the other side asks you to sign to make sure you are not waiving any of the personal injury claims. It is probably too early to know the full extent of your wife's injuries. You have two years form the date of the accident to file a claim in court. Your wife should get a thorough work up by her doctor. You should talk to a lawyer. If you do not know a good personal injury lawyer contact the Houston Lawyer Referral Service Houston Lawyers | Houston Lawyer Referral Service.
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Old 07-18-2013, 06:45 AM
 
Location: Breckenridge
2,367 posts, read 4,696,041 times
Reputation: 1650
I made the mistake of not going after personal injury from a wreck many years ago. I ended up having back surgery, but it was past the statute of limitations. I don't believe in getting money from insurance just to get money, but I am regretting this one. I have spend thousands of dollars out of my own pocket. Not to mention lived with pain for years. I won't make this mistake again. If you are hurt get that money.
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Old 07-18-2013, 07:11 AM
 
Location: Woodfield
2,086 posts, read 4,132,383 times
Reputation: 2319
Quote:
Originally Posted by KatieKennedy View Post
You can settle the property damage claim for the value of the car without releasing any of the personal injury claims. If you do this, be very careful about any documents the other side asks you to sign to make sure you are not waiving any of the personal injury claims. It is probably too early to know the full extent of your wife's injuries. You have two years form the date of the accident to file a claim in court. Your wife should get a thorough work up by her doctor. You should talk to a lawyer. If you do not know a good personal injury lawyer contact the Houston Lawyer Referral Service Houston Lawyers | Houston Lawyer Referral Service.
This is the best advice so far. Some of the other comments are the reason why insurance rates are so high to begin with.
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Old 07-18-2013, 07:32 AM
 
581 posts, read 924,548 times
Reputation: 169
Quote:
Originally Posted by txdemo View Post
Your insurance company provides a lawyer for a reason.
I don't know your motives here. I'm just trying to be insightful and make a subtle point. Don't trust the opposing insurance company attorney and don't trust the attorney you want to buy to represent you. Most of those will just want to settle fast for a quick 33 percent. So, right from the get go, tell them you are in it for the long haul.
Do exactly what they don't want you to do. Like I said, make the company picnic miserable to the extent there is no one to brag about slipping a low ball.
You will be surprised how fast you can get on with your life and forget about the case. In the process, if some health issue should arise concerning the baby, the case would still be open. Normally, by the time these types of cases get settled, that baby will have grown to be ten years old.

We are talking about tractor trailers and babies here. They don't mix.
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Old 07-18-2013, 07:42 AM
 
581 posts, read 924,548 times
Reputation: 169
Quote:
Originally Posted by KatieKennedy View Post
You can settle the property damage claim for the value of the car without releasing any of the personal injury claims. If you do this, be very careful about any documents the other side asks you to sign to make sure you are not waiving any of the personal injury claims. It is probably too early to know the full extent of your wife's injuries. You have two years form the date of the accident to file a claim in court. Your wife should get a thorough work up by her doctor. You should talk to a lawyer. If you do not know a good personal injury lawyer contact the Houston Lawyer Referral Service Houston Lawyers | Houston Lawyer Referral Service.
I agree with this. Still, don't be too quick to do anything. I've heard of insurance attorneys sneaking into hospitals where someone was on life support having suffered a serious injury and trying to interview them to death. Just understand a lot of people in this forum might not have your best interest at heart.
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Old 07-18-2013, 07:47 AM
 
581 posts, read 924,548 times
Reputation: 169
Quote:
Originally Posted by jtothemak View Post
If your wife is having medical issues with her vertigo you need to talk your insurance company and let them hash it out and possibly a lawyer. If everyone was completely ok I would make them give you double and call it a day but if you have a potential long term issue to deal with you need to be reasonably compensated as that is why we have insurance.
I've heard of children on school buses faking injuries and getting 10,000 dollars on the spot no questions asked. No way that is enough. The insurance company has already played their hand offering a low ball sum of five thousand. So, multiply that by ten. That is about the right amount.
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Old 07-18-2013, 07:59 AM
 
581 posts, read 924,548 times
Reputation: 169
Quote:
Originally Posted by Htown2013 View Post
Glad to hear you got out safely. Just settle for what you need - full replacement cost of the car, any medical expenses, lost wages (if applicable), and a small extra lump sum to cover your increased insurance premiums for the next 3-5 years. No more no less.

There are too many crazy drivers here, which is why I allow A LOT of following distance from the car in front of me
At least 4 sec reaction time, more if bad weather or if I'm being tailed.
Indeed. No more no less is going to be about fifty thousand dollars. In the end, 33000 is about right. I wouldn't be surprised if it is more though being as there was a baby involved. To get that amount though, as the insurance company has already offered a low ball sum of five thousand, the counter offer should be about 250,000. From there, the two sides would negotiate down to a middle sum.

That is the way it works.
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Old 07-18-2013, 08:05 AM
 
16,709 posts, read 19,412,920 times
Reputation: 41487
Default Get a lawyer!

Quote:
Originally Posted by jaegermister View Post
We were at a complete stop(traffic suddenly came to a halt due to a car infront) when a commercial truck driver rear-ended us, causing our prius to be totaled. I was driving, and escaped unhurt. My wife and 4 yr child were sitting behind. Wife had a couple of stiches(emergency room) and my daughter escaped unhurt.

My wife's vertigo problem has come back because of the accident.

What is a reasonable settlement amount to expect? They are offering $5000 and value of the car.

Thanks
Do not negotiate with the insurance company. that is what a lawyer is for. If they take your case, you have nothing out of pocket, but they will take a portion of your winnings.
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