Car accident..Claim adjusters? Where are you. Please help. Thanks in advance?

by admin on August 13, 2010

Car Accident Claim-Settlement Case-Personal Injury:Please read. Thanks in advance!?
Car accident?Personal injury settlement worth? Just give an estimate. Thanks in advance.?
I was driving home with 5 year old when a truck hit us in the back while taking an exist. The car hit us 3x (the first struck was in the back) The second was in the side since my car shifted) and (the third was on the same side driver’s and my daugther in the back was sitting while pushing us off the ramp) Well, the truck driver stayed driving and never stopped. It was rainy and many cars weren’t around. I realized when trying to calm myself and my daugther that the truck driver wasn’t stopping. I got my phone called 911 and tried so hard to chase the truck driving even though I could feel the damage in the car. Luckily, because of the rain and slow of traffic, I was able to describe his location and the police met him there. He managed to lie to the state police by saying he didn’t see him and he was carrying a big load to even notice. While he got away with a hit and run, his insurance company was planning to get away with more as well, An adjuster came out from their company and tried to say that my damages where damages there previously next to there’s. Along with the crap, I retained an attorney. So far he is taking care of everything while I have been seeking treatment for me and my daugther. I have back, neck and knee pain. Plus I bagged my head so hard I can’t stop getting constant migrates. My physical therapy is helping and I am part time instead of full time. The accident occurred on 6/15/09. My daugther is also in a lot of pain such as her back and legs. She is also seeking therapy and has a major phobia/anxiety when she gets in any car now. She makes herself throw up and urinates every time she gets in a car. I managed not to miss any work since my work does not accept any lateness and being a single mom, I scarified putting someone else in my daughter’s care then myself. Hopefully, after more x rays-muscle spams and tissue strain is healing so as soon as my treatments stop…We are also fighting the property damage (my car) along with this medical/pain and suffering suit. It will take a while especially after all treatment is completed. I am just asking for an estimate of how much do you think this is worth. Thanks for your comments, suggestions and answers. I would just like an estimate….I know thing is actual and calcuated different state to state especially based on injury. The car is 1993 Honda and its a total loss and I would just like an estimate for what you think the settlement may be. Thanks in advanc

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{ 4 comments… read them below or add one }

Ginger August 13, 2010 at 8:27 pm

You have a 1993 Honda. Go to or to calculate the value. You’ll need the mileage, the condition of the vehicle (before the accident) and the model. I can tell you now, if you had rust spots, bondo or blended paint, the adjuster can tell immediately if you had any prior damage to your vehicle before the accident. A 1993 Honda (you didn’t tell us the model) isn’t worth very much, especially if it had high mileage or any prior damage. The insurance company only owes you for the actual cash value.

As for your injuries, completely different story. That’s a separate area of the claim process and depending on what state you’re in, some of these injuries can be covered under your medical coverage of your auto policy unless you only care very limited coverage. Then, the remaining settlement will be entirely based on the coverage the at fault pary carried.

The insurance company will look at all of your medical records and you should be sure to keep every receipt and documentation of all visits. Unfortunately, you cannot discuss this with the insurance company because you retained a lawyer. Once a lawyer is retained all communication must be with said lawyer. Once everything is settled, your lawyer will receive about 40% of your settlement.

Good luck to you and your daughter, I hope you are both feeling better soon.

Sharon T August 13, 2010 at 8:27 pm

This is a question for your lawyer.

mbrcatz August 13, 2010 at 8:27 pm

Your attorney should give you a guess.

No one here could possibly know – but I’ll tell you, your car will likely total out at $1,000 or less, and no one has any serious injuries, so in a "no fault" state you wouldn’t be entitled to anything more than the new damage of your car.

Phobia/anxiety/mental trauma isn’t compensable. You don’t describe any physical injuries besides spasm/strain, which goes away, by itself, without treatment.

Doesn’t sound like there’s any serious injury.

With an attorney counseling you to wrack up medical bills (because it’s easier to get paid for them), after his cut, you’ll be lucky to have enough left to pay all the medical bills off.

There’s no "formula".

lucy August 13, 2010 at 8:27 pm

1st off stating your car got hit 3 times maybe hard to swallow, unless the semi after hitting you from behind, while going around you, his load hit your side.

If the insurance deems that the semi was responsible for only 1 hit, they will subtract out the damages to your side. With a 93 Honda, does not have a lot of value, so could be major loss if not added. The insurance company can tell old/new damages, and can line up the damages to see if they match the semi/and load he was carrying, They will check his damages also to see if it matches.

Your damages and injuries are 3 separate settlements. 1 for the car, 1 for you and 1 for your daughter. As for the phobia of your daughter could be in question, since adjusters hear all the time. But as you say she is throwing up and peeing when she gets in the car now, she needs to see a therapist/social worker. If they find old pee/thrown up food in your honda, they may question she did this before the accident.

Depending on what state you live in and the laws of your state will depend if you and your daughter are eligible for an injury settlement.

YOU have hired a lawyer and HIS job is to inform you of your rights. He will take at least 33% of any settlement if qualified, so have him do his job and EARN his 33%

Any adjuster out here will not be able to tell you what you maybe entitled to. We don’t have the photos, estimates, medical reports etc to give you a number to consider.

In one claim, the value of an injury could be $50K with $4K in medical bills/treatment; In another, it could be worth $5K with $4K in medical bills. Each claims is valued separately and there is no formula and if anyone here posts that you should get 3 times your medical bills, they are wrong, since it does not work that way.


good luck

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