Is this a fair settlement offer for a car accident?
My friend got in an accident in Texas. The other person ran a stop sign and was determined by police report as guilty party. She was going 35 MPH but the airbags did not deploy and the top portion of the seat belt did not lock. Fortunately, the bottom part of the belt held her in her seat but since air bag did not deploy and belt did not lock she hit the top part of the windshield. Her car was totaled out as the front of her car was all smashed in. She walked out of the accident but was taken to the ER for full ct scan. She had a huge bruise on most of her forehead and a long cut around her waist (in the shape of seat belt) and was diagnosed with spasms. Insurance company wants to give her $ 500.00 for loss wages plus ER costs and wants to put a cap of K in case she needs to go back for treatment. She feels good at the moment but she is afraid to take this deal as she feels a head injury may show up later on and then $ 5k would not be nearly enough to cover. What should she do? Is this enough? If not, what is a good number? Should she be worried about damage that may not be visible now? Another detail is that tow truck driver an ER’s personnel speculated on the airbag being faulty. Should she look for a lawyer? Insurance co seems very aggressive and are trying to push her to take the least amount possible. They were trying to trick her into literally saying she would not go back to seek medical care as a result of this accident but she did not say it as she is afraid as mentioned above. She is not getting the 5K in cash. Insurance co is just "setting it apart" in case she goes back for medical care.
Any help will be appreciated.
2 Responses
fire4511
22 Jul 2010
dick car guy
22 Jul 2010
never let some greedy thieving insurance company force you or your freind into anything, at this point, I think she needs to call her insurance company, and let them handle the other side for now, heal up a little bit like the next few weeks there is no reason she has to settle right away, so do not sign any paperwork and do not agree to any settlement quickly, This case may need an attorney but your friends insurance should be able to help get the pushy insurance company off her back and give her a chance to heal up and think straight. I hope she feels better soon, tell her to hang in there, sign NO SETTLEMENT AGREEMENTS AND GET A GOOD ATTORNEY. BEST OF LUCK
$500 for lost wages and nothing for pain and suffering is a lowball offer. The other party is at fault, and should be liable for any and all medical bills. The fact that the airbags did not deploy has nothing to do with the liability of the at fault party so that is not an issue.
Normally you should expect that in addition to repair of the vehicle (or replacement value) you should also be paid for replacement transportation (rental car), all medical bills, and payment for the pain and suffering that was caused. She should not settle the injury claim until she is sure that any results of the accident have shown up.
The insurance company is trying to get off cheaply. I would expect that the settlement for personal injury should be at least 10 times what she has been offered, and most likely more.