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

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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