Do I need an attorney

I was involved in an accident where someone ran a red light and totaled my car. My insurance is offering a fair claim with the car being 15 years old and over 214K miles. The other persons insurance reached out and offered me $750 for pain and suffering for the accident. She admitted to being at fault and both insurances know this. Since she blatantly ran the red light do I have the right to ask for more money from her insurance?

Asked on April 13, 2017 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can ask, but they don't have to offer any more: until and unless you sue the other driver and win, anything they or theoe insurer offer you is purely voluntary. If you were to sue, based on what you write, you'd likely win, but for pain and suffering, you can only get an amount related to your provable physical injuries, and you would need to hire a doctor to testify, which can be very expensive.

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