How do I know if an accident settlement is fair?

Last year, my husband, son and I were hit by at fault driver who was cited for DUI. We did not have major injuries but we were slammed and pushed off and run through 12 post of the cable barriers between west and east freeways. Our car was totalled. we went to our Drs and chiros. Adjuster of at fault driver offered us $1995for me, $1195 for my husband and $1160 for our son on top of the medical bills which are not much – $9350 total. Are these offers fair and good faith settlement for our pain and suffering, emotional distress, hassles, inconvenience and damages? The at fault driver adjuster told me that she will close the claim file if we dont accept her offer. Is this legal?

Asked on September 4, 2013 under Personal Injury, Arizona


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Sure, it is legal for the insurance company to "close" your file, and then they will open it right back up when they get a letter from your personal injury attorney.  The statute of limitations on personal injury is two years, so you really do need to get to a PI lawyer quickly.  A good rule of thumb on these cases is 3X medical, 1X for actual medical, 1X for pain and suffering and 1X for the attorney.

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