Was I paid enough in my car accident insurance settlement? 26 Answers as of November 14, 2011

Whether or not you were paid enough depends on the amount of damages sustained by you and your son. You should consult with an attorney. The attorney will be able to assist you in determining whether or not you have additional claims besides the Doctor and emergency room bills. After it's determined whether or not you have additional claims, the attorney can evaluate and calculate a range of damages. Please keep in mind that no attorney can guarantee you a sure settlement or a specific amount. However, they can advise you on the strengths and weaknesses of your case and the likely chance of recovering on this claim. Thank you for your question.

Absolutely not. Make sure you have all the medical care needed and see a good PI lawyer. Insurance companies do this to innocent folks every day. The courts and legislatures are afraid to deal with them. Ditto state attorney generals.

On the surface, it appears the offer is inadequate. Your son's suffering is going to be measured by medical records. If the hospital visit and the one time doctor visit were the only medical contacts your son had, the offer should reflect more, but not significantly more. There would be no basis to suggest he suffered more than the two weeks if there is no other medical documentation. Certainly you can give the insurer a higher amount and negotiate. Best wishes.

It does not seem to be more than a nuisance offer, very low. See your attorney to see if further medical treatment is needed and to negotiate a settlement.

You need to see how you kid heals before you do anything. Very often, neck and back injuries don't manifest until weeks or months after the crash. He could have a fracture or herniated disc that could require surgery. The insurance industry tries to get claimants to settle for pennies on the dollar before they see an attorney. Allstate actually had a company directive to do this. Make no mistake, the other guys insurance company is not your friend and does not have you or your sons best interests at heart. I would go see the doctor again if your son feels he needs to and see a personal injury attorney. You need to make sure your kid is healed before you do anything else. I would also stop talking to the other guys insurance adjuster. Also, your son or his friends no-fault or personal injury protection coverage should pay for all of his medicals bills, it should not come out of any settlement offered to you. If you do see an attorney, ask them not to charge any fee unless they can secure you a settlement in excess of what you have been offered. Our firm always offers this. Good luck.

If you are not represented by counsel, insurance companies commonly will try to "low-ball" the settlement of your claim. Any settlement should include compensation for future medical, chiropractic, and physical therapy services. Further, there should be compensation for non-economic damages, that is, for "pain and suffering."

You should consult with a plaintiff's personal injury attorney for specific legal advice and direction. Any injury, including pain and suffering, to your son which was caused from the automobile collision, should be documented medically.

No. There should be an amount for pain and suffering.

Dear Injured, No, it is not enough. Please...please consult with an attorney. Whether it is me or someone else, please consult with an attorney. Who knows how serious the pain is? Please don't agree to anything until or unless you speak with an attorney. In the meantime, your son should focus on getting the best possible medical treatment. Good luck for your son's speedy recovery.

I cannot even begin to respond to your inquiry since it does not give me enough information. Different states have different laws, and a settlement that would be sufficient in Florida may be grossly insufficient in Georgia. Florida has the requirement that before you can be compensated for pain & suffering, you must have sustained a permanent injury, a permanent impairment or permanent scarring. Georgia has no such requirement, so people who are injured in automobile accidents usually receive more money than people in Florida for whiplash type injuries. If he felt fine within days, then $100 for your son's pain and suffering certainly isn't a lot of money, but at least he would get something for his short-term temporary pain & suffering. I would caution him against settling the case until at least a few months have gone by and he's sure he's not going to have any long-term effects from the accident.