Settlement from Car Accident

[Pembo]

An idiot hit us a few weeks back and totalled our car. We have insurance, he doesn't. We got our $$ for the car and the ins co is in the process of paying the medical bills. I understand that we also get a settlement for pain and suffering. Any idea on how much we should expect?

 

[DrCavin]

 

[Pembo]

Why popcorn?

I didn't even know we got a settlement until the ins guy mentioned it.

 

[tlbwriter]

I didn't get P&S, but I did get compensation for missing work for one day. I think it was $100 (which was a lot more than I made as a college student, so I'm not complaining). You're not going to get anything major without a lawsuit.

 

[golfgal]

An idiot hit us a few weeks back and totalled our car. We have insurance, he doesn't. We got our $$ for the car and the ins co is in the process of paying the medical bills. I understand that we also get a settlement for pain and suffering. Any idea on how much we should expect?

You only get "pain and suffering" if you take the guy to court and win. Your auto ins will pay for your car, medical bills and lost wages for going to dr appointments or any time missed because of injuries.

 

[tvguy]

You only get "pain and suffering" if you take the guy to court and win. Your auto ins will pay for your car, medical bills and lost wages for going to dr appointments or any time missed because of injuries.

I am not a lawyer, but this is my understanding too. You will either have to get this guy to pay you pain suffering, or sue him to get it. But if he doesn't have insurance, I suspect he doesn't have the money to pay you.

 

[kymmyk13]

she can sue her uninsured motorist ins. co. for their injuries. If you have any injuries (not just ER visit) you may want to go see an attorney.

 

[barkley]

i collected my med/lost wages/pain and suffering from my carrier under my uninsured motorist coverage. we did a negotiation of what the amount would be and settled without an attorney (though a free consultation with a personal injury attorney provided me with a ball park estimate of what number was reasonable).

one thing to consider in settling yourself vs. using an attorney-with auto accidents the going rate for an attorney is 1/3 of the pain and suffering portion of the settlement PLUS their expenses which includes every fax, every letter, every photocopy, and if they get into requesting detailed letters/reports from treating doctors that can add several hundred per letter/report. if it's a relativly minor injury with no long term ramifications medical treatment/pain and suffering wise you can end up ahead just making a reasonable settlement offer yourself.

 

[Pembo]

i collected my med/lost wages/pain and suffering from my carrier under my uninsured motorist coverage. we did a negotiation of what the amount would be and settled without an attorney (though a free consultation with a personal injury attorney provided me with a ball park estimate of what number was reasonable).

one thing to consider in settling yourself vs. using an attorney-with auto accidents the going rate for an attorney is 1/3 of the pain and suffering portion of the settlement PLUS their expenses which includes every fax, every letter, every photocopy, and if they get into requesting detailed letters/reports from treating doctors that can add several hundred per letter/report. if it's a relativly minor injury with no long term ramifications medical treatment/pain and suffering wise you can end up ahead just making a reasonable settlement offer yourself.

Thanks Barkley - I think I am getting a settlement under my uninsured motorists. Would you suggest a visit to the atty for a ballpark figure? I have no idea what to expect.

 

[allison443]

In some states you can only recover for pain and suffering if your injuries meet the criteria of being "serious" as set forth in state law. Usually it is something like a fracture, scarring, some kind of permanency....in those states, an injury that eventually resolved would not entitle you to pain and suffering.

However, if your insurance person told you about the pain and suffering, I would assume he knows what they are going to pay for. So your state probably allows it. Depending on how substantial your injuries/treatment are, and how much coverage is available, you may want to talk to a lawyer.

 

[NatashaDisneyCM]

An idiot hit us a few weeks back and totalled our car. We have insurance, he doesn't. We got our $$ for the car and the ins co is in the process of paying the medical bills. I understand that we also get a settlement for pain and suffering. Any idea on how much we should expect?

not much with him having no insurance. and good luck with that one! I had someone hit me WITH insurance and I had to be rushed to the hospital, and was in bed for a longgg time, and it was a brand new car that I had. It took a long time to settle and only got a few thousand. So I would not make any plans to retire on someone with no insurance.
in my state you NEED to have insurance. I cannot imagine not having any! that is just weird!

 

[allison443]

not much with him having no insurance. and good luck with that one!

The OP is recovering under her own policy. She has uninsured/underinsured motorist coverage. This coverage pays her if she is injured by an uninsured motorist, like she was.

This coverage is SO important to have. Since OP had it, she was able to protect herself from the situation where an uninsured driver causes her injuries.

 

[golfgal]

not much with him having no insurance. and good luck with that one! I had someone hit me WITH insurance and I had to be rushed to the hospital, and was in bed for a longgg time, and it was a brand new car that I had. It took a long time to settle and only got a few thousand. So I would not make any plans to retire on someone with no insurance.
in my state you NEED to have insurance. I cannot imagine not having any! that is just weird!

Most states do require insurance but that doesn't mean everyone pays for it.

 

[MomRN]

Last year I was in a hit and run accident. Someone followed the car to were they parked and reported it to the police at the scene. They were not insured.

My insurance company paid for the repairs to my car, the ER visit, and sent about $800 dollars extra for "incidentals" I wasn't expecting that at all, but when he said they were sending it I didn't refuse it either. It was a headache getting a car to borrow for a couple of weeks (no rental coverage) and I missed a day of work.

 

[disneyfans95]

It won't be the big bucks settlement you are sniffing around, that is for sure..

 

[tonilea]

It won't be the big bucks settlement you are sniffing around, that is for sure..

She clearly wasn't "sniffing around" for a big settlement. She specifically stated she didn't even know she was entitled to anything else under her insurance. If she purchased a uninsured motorist policy and this "settlement" is one of the benefits of the policy, then she is entitled to the benefits she paid for.

 

[Pembo]

She clearly wasn't "sniffing around" for a big settlement. She specifically stated she didn't even know she was entitled to anything else under her insurance. If she purchased a uninsured motorist policy and this "settlement" is one of the benefits of the policy, then she is entitled to the benefits she paid for.

You are correct. I didn't know about this benefit until my ins guy mentioned it.

One of the many car dealers we talked to said that about 59% of motorists in our area do not carry insurance. Alot of people get it just to purchse the car, then drop it. I was quite surprised. It is state law to have insurance, obviously it is not enforced in Ohio.

 

[zalansky]

You might want to try and settle without involving an attorney. They'll take 33% of whatever you get.

 

[HelenePA]

You might want to try and settle without involving an attorney. They'll take 33% of whatever you get.

mine took 40percent PLUS any fees like phone call charges, copy charges I walked away with just under HALF of what "she" got me.. I really hated my lawyer.

 

[LisaR]

She clearly wasn't "sniffing around" for a big settlement. She specifically stated she didn't even know she was entitled to anything else under her insurance. If she purchased a uninsured motorist policy and this "settlement" is one of the benefits of the policy, then she is entitled to the benefits she paid for.

So you mean she wasn't strategically positioning her car and then patiently waiting for an uninsured motorist to hit her, totaling her vehicle and causing injury just so she could get a humongous settlement and retire?