Auto Insurance Claims: injury claim? texas., injury claim value


Question
So i got my license in january, bought my
own car the morning or april 4th. Made a
trip to the store a about 6 pm. On my way
home, a guy plowed into the front of my
new car.car was totaled, settled the total
loss blah blah blah. I walked away with an
extremely painful sprained hip, A few burns
and scrapes from the airbags, and the mist
traumatic thing ive been through in my life.
I have nightmares and flashbacks when i
smell the perfume that busted in the car
accident. I racked up at least 6 grand worth
od medical bills, and i had a pair of
designer eyeglasses that they insist i have
to pay for upfront, but i dont have the
money. Any way i can get them to pay for
these upfront? And how much should i
settle for?!

Answer
Myranda,

Your question is too broad for me to properly assist you.  I just can't possibly give you any good direction without more detail.  I have to make too many assumptions to even try and assist you.  Because I am known for proving impossible is just a word, I will still do my best to shed some light on the situation for you.

1.  The person who caused the accident is the person responsible for your damages, not the insurance company.  I suggest you send a demand for payment of your damages to the other person immediately.  

2.  Who is insisting you pay for your damaged glasses?  Do you have proof of their cost?  Do you have the damaged glasses?  That part should be as easy as providing documentation of the replacement cost for the glasses.   

In most areas of Texas, the general award by a jury over minor to moderate injury claim is about 1.5 to 2.0 times the actual necessary medical bills.  So I can se an initial offer to settle your case for about $7 - $10K.  You seem like a well spoken person and like you would present well as a witness for yourself, so this estimation of your injury claim value does not take into consideration factors that I have no way of knowing.  Unfortunatly, pretty people have better luck with juries, and so forth, so if you sue, depending on all the little details I don't know, your claim could settle for $40000.00.  Sorry I could not give you a magic answer.  They owe for the glasses now, not after you replace them.  The adjuster must be confusing "mitigation" up.  Look it up.  In some types of damages, you must take action yourself to prevent further damage, but in the case of your glasses, you can mitigate nothing, so they just need to pay you now.  If you can't get satisfaction, look me up. Information is always free at Petty Details, LLC!