QuestionThe front passenger side of our 1999 Nissan Altima was backed into by a Chevy Yukon. The driver of the Chevy was at fault and their insurance paid for the damages to our vehicle. We did not sustain any injuries and have been offered $400.00 total for our discomfort.
My 3 ½ year old son and 15month old daughter were in the rear passenger seat when we were hit. My husband was the driver, and he could not evade the situation. We were in a parking lot and were behind two other cars at a stop sign. There was one vehicle behind us. The Chevy Yukon began to back out of their parking spot, which we happened to be stuck behind. My husband frantically honked on the horn to get the driver’s attention, but to no avail. Thankfully, the driver was backing out slowly and my family and I did not sustain injuries. However, the front passenger door and bumper was severely damaged and I had to enter and exit from the driver’s side door.
This is the only family vehicle we own. Our other vehicles are a two passenger 1985 Chevy pickup truck and a Vespa Scooter; not ideal for transporting two toddlers about. My husband and I both work full-time and commute approx 27 miles each way 5 days a week. As a result of the accident, we had to adjust our work schedules and work longer hours to compensate for the time spent dealing with the insurance claim. Additionally, at the time of the accident the at fault driver provided me the wrong phone number to her insurance company and instead furnished a sex solicitation number.
My son was upset about the damage to the car and was scared watching the back of the Chevy coming closer to us and became upset when we were actually struck. The rental vehicle that was provided to us while our car was being repaired was less efficient than ours and used more gas and cost more money for us to have to fill up the tank. The rental car also felt less safe than our personal vehicle.
In my opinion, $400.00 does not cover the headache, inconvenience, and stress that this “discomfort” has put upon us. However, I don’t know what would be an appropriate amount. Any suggestions, or am I being unreasonable?
Sincerely,
Diana
AnswerHi Diana,
The reality of the situation is that you are generally not entitled to anything for "discomfort" or "Inconvenience" although the adjuster may have used that term. What they are afraid of os that you will speak to a lawyer who will suggest that if you start treating with a chiropractor he may be able to get you an injury settlement. The $400.00 offer will only be paid to you in exchange for you signing a full release form. This is referred to in the industry as a "cash out". They are essentially trying to buy your signature on the release form for $400.00 which is cheaper than and injury settlement.
All that having been said, if you do not feel that $400.00 is sufficient, you should tell the adjuster so. Make a counter off of say $400.00 per person ion your car or $1200.00. You should expect that he will say that he can not do that. You will have to go back and forth, negotiating to the greatest extent you can. However, considering there were no actual injuries in your vehicle, you should not push too much or they may just withdraw the offer completely.
I hope this helps
Richard Hixenbaugh
