Auto Insurance Claims: tractor trailer accident average settlement, whip lash, tractor trailer driver

Question
QUESTION: i was involved in a 7 vehicle pile up caused by a tractor trailer driver my truck was totaled along with 2 others and several others had to be repaired my doctor bills are 15,000.00 what would be a fair offer to expect the ins. to pay pain and suffering no broke bones time from work due to post traumatic syndrome etc. and should they also replace my truck or just pay it off? thanks for your help

ANSWER: Regarding the truck, they owe you the actual cash value of the vehicle prior to the loss.  This is the retail value you could have sold it for on the open market.  They do not need to replace it.

Regarding the injury, I need a lot more information.  What was your diagnosis?  Have you completed medical care?  What is the prognosis?  Will you need future medical care?  What was the dollar amount of the lost wages?  What type of treatment did you receive and I need a breakdown of all the medical bills.

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QUESTION: I WAS TREATED FOR WHIP LASH APPROX. 15 WEEKS OF PHYSICAL THERAPY ABOUT 6 VISITS WITH COUNSELOR FOR THE POST TRAUMATIC SYNDROME, LEGS BRUISED APPROX.15,000.00 IN TOTAL MED BILLS APPROX.8500.00 IN PHYSICAL THERAPY,800.OO MEDICAL DOCTOR,600.00 COUNSELING,1200.00 DAY OF ACCIDENT HOSPITAL,AMBULANCE,PHYSICIANS ETC. LOST WAGES 18,000 - 24,000 DEPENDING ON BONUS AVERAGED OUT CLOSER TO 24,000 DUE TO TIME OFF AND LOSING MY JOB

Answer
The value of your claim is what we would expect a judge or jury to award you if you went to trial.  This is very subjective and difficult to determine with any preciseness.  So I can only  give you my opinion, and this is not a legal opinion.  You should get a lawyer if you want a legal opinion.

The medical bills and lost wages you have incurred are very very high for the type of injuries and accident you described.  Most people would have $4-5k in total damages.  So this makes it a little harder to judge.

If the jury believes that all of this was necessary and reasonable, your claim would be worth about $40-$45,000.  But I think that is unlikely.  So a more likely figure is around $20,000.  You can try to negotiate for something in the range of $20-$45,000, depending on what you think you deserve.  Be prepared to argue your case with a written list of all the factors on your side before you call the claim rep.  Be polite but firm.

If you cannot agree on a figure, you will need to hire a lawyer to handle your case.  The lawyer will charge a fee of about 33% of the total award, so you need to consider whether this is worth the cost.  Good luck.