QuestionI was broadsided by a driver who ran a red light and hit me while i was crossing the intersection. There was a witness that states in a police report that it was the other driver's fault. My passenger and I both sustained shoulder, neck injuries (soreness, stiffness, constant pain) from the seatbelt/airbag/collision.
I only have liablity, not collision, same as the other driver. Her insurance is offering $5000.00 for a car worth $8000.00 based upon the maximum coverage they have to pay. I have not been offered an injury settlement yet, how do I get what I feel is fair to me ($10,000 - $15,000) based upon my pain/suffering, loss of car, tow charges etc.
AnswerHi David-
You need to treat the car and the injuries totally separate because that's what the insurance company does. The most the insurance company will give you for the car is what the policy limit is. To make up the difference first check your policy to see if you have uninsured property damage coverage. If you have a decent company this will include underinsured motorist as well. If not, you will have to make a demand to the other driver and then go to court if that doesn't work.
The injuries will be based mostly on how much the medical bills and lost wages are for. If you tough it out, instead of going to the doctor it will hurt your case. The rule of thumb is that they will usually settle for 2-3 times your medical bills to allow for pain and suffering.
If you find that your company and your limits are not up to what they should be, let me know where you are from and I'll see if I can find someone to help you get something that will be there for you when you need it.
Good luck
Sheldon Maughan
Sacramento, CA
