I have a question regarding settlement

Yesterday while at a red light I was struck by a UPS vehicle. I received a phone call from liberty mutual insurance which represents UPS. The representative told me they would cover the full damage of the vehicle as well compensate $1,000 for personal damage. I am asking for advice as I’m not sure how to negotiate or I could try and seek more for the personal damage amount?

Asked on October 10, 2017 under Accident Law, New York


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

Answered 3 years ago | Contributor

If by "personal damage", you mean personal injury, you cannot settle the case 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 in your medical treatment where no further improvement is anticipated.  
Then, you will know your total medical bills, have all your medical reports and will know total wage loss.
Your personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wge loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from that insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
The settlement offer of $1000 for personal injury is ridiculous and should be rejected.  Until you know your total medical bills, total wage loss, and determine pain and suffering based on whether you have completely recovered or have residual complaints, the  personal injury component of the case cannot be settled. The property damage is separate and can be settled.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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