by Guest » Fri Jan 04, 2013 12:27 am
My daughter, 16 at the time, was leaving school when the car in front of her slammed on breaks. My daugher was far enough behind not to hit that car - the cars behind her however, were not so fortunate. My daughter was rear ended by the car immediately behind her - then 3 other cars were able to stop - then came along the last car and smacked everyone together. My daughter was the only car that did not hit anyone else. The second and the last cars insurance has taken responsibility.
Car damages totaled around $2,200
Missed wages were around $900
Several days of missed school
Medical bills over $4,500
She had treatments for whiplash and physical therapy - plus Chiropractic care for months - she has had nose bleeds and headaches as well. The insurance company offered to pay the medical bills - only $500 of the missed wages and $1,500 in pain and suffering. Now, I am not sure how all of this works, but that just doesn't seem anywhere near in the ball park. My daughter pays for her own car and got behind 2 months as a result of this and still has issues. What is fair based on the above information?
Car damages totaled around $2,200
Missed wages were around $900
Several days of missed school
Medical bills over $4,500
She had treatments for whiplash and physical therapy - plus Chiropractic care for months - she has had nose bleeds and headaches as well. The insurance company offered to pay the medical bills - only $500 of the missed wages and $1,500 in pain and suffering. Now, I am not sure how all of this works, but that just doesn't seem anywhere near in the ball park. My daughter pays for her own car and got behind 2 months as a result of this and still has issues. What is fair based on the above information?
Posted: Fri Jan 04, 2013 01:27 am Post Subject:
Why did she get behind 2 months... because of no wages? The other carriers should be making up the loss wages.
You say the "insurance company"... but two companies accepted liability, correct? Is only one making an offer? I'm under the impression that your daughter was struck twice but you are not clear on this.
Is $1500 the initial offer? If so, it's a starting point. Have you made a counter demand? If not, you need to do so.
Of your daughter lost $900 in wages why are they only offering $900? I can see taking some deduction for expenses and taxes but this is not 40%.
Posted: Fri Jan 04, 2013 02:54 am Post Subject:
As I understand it, your daughter’s vehicle sustained two impacts resulting in economic injuries (i.e. property damages, lost wages, rental, and medical bills). The laws of your state will dictate whether or not you can recover all of those damages from any one responsible party or whether it needs to be apportioned according to who caused the specific damages (i.e. the question of joint & several liability). Between your daughter’s own insurance carrier and the two liability carriers for the responsible parties you should be able to recover 100% of your economic damages, assuming that the repair estimates and medical treatment are reasonable and related to the accident. Depending on the laws of your state, you should also be capable of recovering non-economic damages (i.e. money for her pain & suffering). The amount of this sum cannot accurately be predicted; it generally depends upon the length of her medical treatment, the permanency of her injuries, the degree of pain she endured, and any emotional distress endured. You may wish to discuss her pain and suffering with an attorney in your state.
Posted: Fri Jan 04, 2013 04:54 am Post Subject:
(i.e. the question of joint & several liability)
Which only applies in the real world when one party does not have insurance/is unknown. Otherwise a simple cross-claim will negate Joint and Several.Add your comment