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

UPDATED: Feb 20, 2015

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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


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

Answered 7 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.

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.

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