Hit by a DIU ... Settling with his insurance today!!

[BradinCA]

Hit by a DIU ... His insurance is trying to settle. Please help!!

What is the name of your state? California

Hi ... I really need some advice and quickly!!

I was recently driving my car and a drunk driver turned right in front of me. I slammed on the brakes, but couldn't avoid the accident and the cars collided. Both cars are totaled. He tried to flee the scene twice. He told me not to call the police, because he would get a DUI. He tried to tell the police that someone else was in the car, when he was the only one in it. And he was arrested and charged with DUI at the scene.

This is probably as clear a case of fault as you could imagine.

So, after a few days, he still hadn't reported the incident to his insurance company (Progressive). So when I called them, I had to start the claim. They tried several times to contact him and finally got ahold of him. He tried to blame everyone but himself, but the Progressive adjuster just kept saying to him, "You're at fault."

So, the adjuster met with me yesterday. Like I said, my car is totaled and I have been feeling some minor neck pain since the accident. The adjuster was very nice. They are going to get back to me on the offer amount for the car, but she made an offer for a "full and final settlement" covering everything else (injury, lost wages, pain and suffering, etc.).

Her offer was $1500, but she said I could "make demands" (ie. ask for a higher amount). I said I would call her back soon with an amount. My mother thinks I should ask for $5000. I'm wondering if that is too low for such an obvious case as this, where someone's life was turned over through no fault of their own. I don't know how much the insurance company would be willing to pay.

How much should I ask for?? Please help!

Thanks,
BradinCA

 

[jity]

You can only settle for your actual damages. So I would first recommend you list what your actual damages are. Medical - you said pain in neck - but since I did not hear you say that you went to see a doctor - you will get zero here - what about tow fees, what is you car worth ww.kbb.com. Who said it was totaled? Do you have any other out of pocket expenses??? Yes it is a tragic that you were in an accident because of a drunk driver - but just because you were does not mean your ENTILITED to anything more.

 

[JETX]

How much should I ask for??

We have sent your question on to Madam Tashia, the world reknowned internet psychic. She is currently out 'channeling', but is expected to return shortly. Hang in there and I will let you know as soon as she comes up with an answer.

 

[BradinCA]

anything else? ... perhaps more helpful?

 

[absconder]

All of a sudden my neck and back hurt darn it..............no if you dont go to the doctor like pronto after the wreck its asta luego baby!

 

[jity]

anything else? ... perhaps more helpful?

You can list your OUT OF POCKET expenses, or if you went to a DOCTOR and were TREATED as the result of the accident. What do you want to hear? Okay here goes.

Sue him and his insurance company for all they are worth… Will you get it NO.

 

[luvbskts]

What is the name of your state? California

Hi ... I really need some advice and quickly!!

I was recently driving my car and a drunk driver turned right in front of me. I slammed on the brakes, but couldn't avoid the accident and the cars collided. Both cars are totaled. He tried to flee the scene twice. He told me not to call the police, because he would get a DUI. He tried to tell the police that someone else was in the car, when he was the only one in it. And he was arrested and charged with DUI at the scene.

This is probably as clear a case of fault as you could imagine.

So, after a few days, he still hadn't reported the incident to his insurance company (Progressive). So when I called them, I had to start the claim. They tried several times to contact him and finally got ahold of him. He tried to blame everyone but himself, but the Progressive adjuster just kept saying to him, "You're at fault."

So, the adjuster met with me yesterday. Like I said, my car is totaled and I have been feeling some minor neck pain since the accident. The adjuster was very nice. They are going to get back to me on the offer amount for the car, but she made an offer for a "full and final settlement" covering everything else (injury, lost wages, pain and suffering, etc.).

Her offer was $1500, but she said I could "make demands" (ie. ask for a higher amount). I said I would call her back soon with an amount. My mother thinks I should ask for $5000. I'm wondering if that is too low for such an obvious case as this, where someone's life was turned over through no fault of their own. I don't know how much the insurance company would be willing to pay.

How much should I ask for?? Please help!

Thanks,
BradinCA

Do you feel like you had $5000, or more, worth of damages? I'm guessing you didn't. Why milk an insurance company for money that you don't really deserve. Our rates are high enough!

 

[Gotalife]

Really be careful about the advice that you listen to on this forum. Some of these people just love to sound like pompous windbags when they have no idea what they are talking about.

I am not an expert nor an atty. and do not pretend to be. However, I was once in a very bad wreck with 3 of my kids. Although we all walked away, I was having some neck and chest pain. We were all taken to the hospital by ambulance. As it turned out, my sternum was cracked. It really didn't hurt that badly unless I moved the wrong way. However, it bothered me for YEARS afterward.

If your neck hurts, see a doctor, it's not too late. Demand x-rays and maybe an MRI. The spine is a funny thing you might be hurt worse than you know and this drunk driver should certainly be held responsible if you are.

For the guy that said (rather rudely) that you are only entitled to actual damages: I was awarded, not only damages for my totaled car and our medical bills, but three times the amount of the medical bills for pain and suffering. I did not sue, this was the settlement offered by the insurance company. (by the way, other than some bruises, no one had actual injuries except me).

 

[jity]

SNIP... For the guy that said (rather rudely) that you are only entitled to actual damages: I was awarded, not only damages for my totaled car and our medical bills, but three times the amount of the medical bills for pain and suffering. SNIP...

ahhhh actual damages are all the above.

The HUGE diferance is that you went to a doctor/hospital/ER.... Pain and Suffering is not saying my neck hurts WITHOUT TREATMENT.