If I was in an auto accident that the other driver admitted was 100% their fault, what should my settlement be?

My medical bills totaled $7,000 which my medical insurance paid for. I did not have loss of wages because I am a stay at home mother. I wrote a demand letter and asked for $30,000 which is high but I knew that they would come back with a low offer. They did, $5,000. They are saying that the MRI came back with no injuries, and that is the most they can offer. I rejected it, and then she said that the amount is good for 1 week and that’s final, and that I would have to figure out how I am going to proceed. Should I settle? Do they have to give me any $?

Asked on February 20, 2015 under Accident Law, New York

Answers:

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

Answered 5 years ago | Contributor

The offer of $5000 is unacceptable because it does not cover your medical bills or compensate you for pain and suffering.  The fact that insurance paid your medical bills is irrelevant in the amount of your settlement.

Considering that you don't have any residual complaints from your injury, I would ask for $20,000 not expecting to get that and accept $10,000.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

If the case is NOT settled, you will need to file a lawsuit for negligence against the at-fault party.  Your lawsuit 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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