Is this a fair offer for a car accident?

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Is this a fair offer for a car accident?

The insurance company is offering a settlement of $5500 for an accident with their client. They were given a failure to yield ticket. I am self employed and a Type I diabetic. They want documentation from an employee to figure lost wages. They also want the doctor to specifically say “this accident caused blood sugar irregularities”.

Asked on May 5, 2009 under Accident Law, Louisiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no way to tell for certain if the offer is fair or not, without knowing more about what happened, and about how it has affected you. Proving lost self-employment income can be complicated. As far as the medical after-effects on your diabetes, the law has a concept called "proximate cause," which means that there has to be some reasonable certainty that the accident was the reason for whatever medical problems you're having.

An attorney with experience in personal injury cases can negotiate with the insurance company for you.  It is sad but true that some insurance companies will more or less automatically give you a lower offer -- sometimes much lower -- if you don't have an attorney.  Of course, if the insurance company still refused to give a reasonable settlement, you can sue them.  If you need to find a lawyer, you can do that at http://attorneypages.com


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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