If someone hit and totaled my car, how do I determine the settlement amount?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone hit and totaled my car, how do I determine the settlement amount?

I am 9 months pregnant and had my 2 daughters in the car with me. The guy who hit me was at totally fault. I had to go to the hospital; they are still monitoring the baby. Also, my girls had minor cuts and bruises. We did follow up with a pediatrician who said that they were fine other than anxiety (losing weight, no appetite, nightmares, afraid of cars, etc.). My blood pressure has had to be monitored since the wreck;they are concerned about merconium in the fluid since I fainted several times and my sciatic nerve is worse. The insurance company called and said they would pay my medical bills and $500compensation. Does this sound right?

Asked on February 15, 2012 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If that's all you've had--medical bills and some anxiety--that's not an unreasonable amount. However, if you are having significant trouble with your sciatic nerve, unless it is expected to clear up soon, that may be too little.

Other factors be aware of or consider:

1) First, they will expect you to sign a release, absolving them and their insured of any and all other or future liability. If there is a chance of future medical costs, or of injury to your fetus or to you, then you would be waiving what could be a substantial recovery. You may wish to at least wait until the baby is born, to make sure it and you are ok, before waiving these rights.

2) If your car was totaled and you did not have collision insurance, you should have the car paid for, too.

3) If you lost wages due to this, you should be compensated for them, too.

Since many personal injury attorneys provide a free initial consultation to evaluate a case, you may wish to speak with one quickly, before making any decision. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption