Does the settlement for the totaled car included the personal injury part of a claim?

The insurance man called today and said the car was a total loss and offered me $4373. High blue book is $3500. He said I got credit for the tires, etc. Does that amount included the personal injury part of the claim or is that separate I am still in physical therapy for injuries and I’m not ready to settle that part of it.

Asked on October 21, 2011 under Personal Injury, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The property damage and personal injury claims are separate.  The property damage is usually settled early in the case. 

The personal injury claim is not settled until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated.  When you are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.   


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