If I was involved in a motor vehicle accident, how much of a settlement should I accept?

UPDATED: Feb 13, 2013

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If I was involved in a motor vehicle accident, how much of a settlement should I accept?

My name was not on the policy therefore I am receiving a settlement. Medical bills total $2,699.37 at which the insurance company has covered. I also had my 2 children in the car and believe they should get a settlement as well however insurance company is saying they’ll give them a $100. Emotionally they were shaken up.

Asked on February 13, 2013 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, there is generally no compensation due for being "shaken up" in an accident. Typically, the amount of recovery to which one is entitled when injured by an at fault driver is:

1) Out of pocket (not paid by insurance) edical bills caused by the accident;

2) Lost wages (if any);

3) Property damage;

4) Other out-of-pocket expenses directly caused by the accident (e.g. if your car was damaged, the cost to tow it; the cost of renting a replacement car while yours is being repaired)

5) For serious injuries, which cause a more-than-brief amount of disability, diminution of quality of life, or disfigurement, some additional amount for "ain and suffering."

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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