QuestionI was driving my cousin's car when I was hit by a driver who went through a red light. The entire accident was recorded by a traffic safety camera. He hit the left front side of my borrowed car, a 1994 vehicle which was determined to be a total loss. My right thumb was hurt when the airbags deployed. If I had been going even
1/30 of a second faster, I would have been broadsided. The insurance company is only offering $3000 for the car. My cousin thinks the car was worth at least $5000 and I think I should be compensated for the injury to my thumb and the trauma of the accident which has made me afraid to drive. Do I have any way to get a bigger settlement from the other driver's insurance company? I cannot afford a lawyer and my thumb was not injured seriously enough for a personal injury suit. Thank you
Answer Hello Chris,
You have two separate issues here. Let me take one at a time.
Let's begin with your injuries. Illinois is not a PIP state, but as I understand it you do have an option of purchasing Med Pay. If you have that coverage, it would pay for your injuries and for lost wages, if you had any.
If you do not have Med Pay available, your only other option to collect for your injuries and pain and suffering is to sue the at fault driver's liability coverage. Obviously you would need to have a lawyer to do that. However, having said that, from your own description, it does not appear that your injuries are either serious or permanent. That being the case, it is doubtful you have a viable personal injury case. Trauma from the accident, by the way, does not in itself constitute pain and suffering. Of course, I'm giving you an insurance perspective. If you are serious about filing a suit, you will need to speak to an attorney and get a legal opinion. Most personal injury attorneys will not charge you for an initial consultation.
Now, as to the value of the car. Usually insurance companies begin negotiating at the lower end of the settlement range. This is why it is unwise to agree to the first offer. Your cousin will need to negotiate. That begins by determining the actual value of the car.
I have two articles online that will specifically help you with both issues.
First, from my website, study this article on claim settlement. Here's the link:
http://solutionsforyourinsuranceclaim.com/Insurance-Claim-Settlement.html
Second, from one of my blogs. Here is an article that explains exactly how to figure the fair value of your car. Your cousin will need to follow this in order to effectively negotiate. Here's the link:
http://expertinsuranceadvice.blogspot.com/2011/03/inexpensive-auto-insurance-cut...
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
