My daughter was hit from behind while driving her 07 yaris. Her vehicle was pushed approx. 38 ft. then hit a 9 in. curb with both front wheels & then traveled 6 more ft. & hit a fire hydrant. The hydrant is anchored 6 ft. deep so there was no 'give' when her car hit into it. The woman must have been traveling approx. 40 to 45 mph & the speed limit there is 30 mph. Our daughter was taken to the hospital that day & also 2 more times. Not only had she been in pain but started having panic attacks. She also became afraid to drive her car. Our son was taking her to her classes but he told her she had to 'make' herself drive because he couldn't keep taking her due to his school schedule. Our daughter still is seeing a doctor & on medication to try to help these attacks which the doctor diagnosed as Post Tramatic Stress Disorder. Our daughter is still experiencing to some degree these panic attacks but is trying terribly hard to 'get a grip' on this demon. Now she is also having her beautiful hair come out in chunks. I am trying to get bills covered by the other drivers ins. but I need to know should I also tell the other ins. company that our daughter is entitled to compansation for her pain & suffering? She is only 20, had always been active & bubbly & now seems so totally different. Can I handle this & tell the ins. company an amount our daughter will settle for besides all bills paid? Our daughter is under so much stress that she doesn't want to deal with this & begins to have rapid heartbeats & feels like she is going to die. How much should I ask the ins. company for just for our daughter besides the hospital & doctors bills paid. Can anyone give me an amount? Our daughter has already had all test incl. seeing a cardiologist. So what she is dealing with now are these panic attacks. I would like to take care of this without an attorney because our daughter just needs this behind her. We live in Indianapolis, Indiana. Thanks!
Law & Ethics - 10 Answers
Random Answers, Critics, Comments, Opinions :
1
You may need to get an attorney on this... try to get some type of structured settlement for this so that the bills for the future can be covered. Most insurance companies like to settle and try to get it over with, too. But one never knows. Good luck and I am sorry to hear about her PTSD. == EDIT: If you do get a structured settlement on this (which requires a lawyer) you should structure it so you get cost of living adjustments and try to get lump sums for future costs, too, if possible. More importantly, do not ever factor it out once you get it... (see your settlement for a percentage of what your future payments would have been for today) So, make sure you have a financial advisor for it. Because most people do not know how to manage large sums of cash. I know, I work for an insurance company.
2
Pain and suffering money is part of the settlement deal. You are entitled to it, so ask for it. Never sign a release until you get what you think is fair.
3
are you crazy? you need to get a great lawyer. There are lawyers that will beg to take this case and they will get a lot more out of the ins company then you ever will.
4
I think that because you have a very good case, and if the police report says that it wasn't your daughters fault, you SHOULD consult an attorney. It's true that they'll take 1/3 of the money, but they can also ask for more money and you just leave everything to them. The consultation is always free. I don't like to deal with attorneys myself, but in some cases you have to. Also the other driver might turn around and sue you! Good luck.
5
joie, there are several issues you need to look at. First, dependent on where you live (not sure about Indiana law), you may have "no fault" insurance which typically pays for medical expenses up to a certain amount before you would seek payment from the other party's insurer. Second, you have to determine if the other person even has insurance, and if so, what the limits are. Third, you need to look at your own insurance policy to see if you have UM/UIM coverage and may be able to collect additional payment there.
6
Your insurance is going to try and pay out as little as possible. You might want to get a personal injury lawyer (not the cash-cow types with cheesy commercials) so that you can get the maximum amount possible. It might be limited to the guilty parties liability coverage.
7
get a good lawyer and get the person who hit her car from behind to pay for bills and this will also help u cause he will have to pay an extra amount that u can keep and try to get help for ur daughter
8
You should consult a local accident attorney. They will take this case on a contingency, which means that they take a percentage of the recovery. If you get nothing, they get nothing. It sounds like a good case. Liability is a slam dunk and damages are the only issue.
9
First as posted above sign off on nothing at this point; now while a lawyer may seem to cost more if they can obtain a larger settlement it may off set, that said If you like through out a number to the insurance company and see what number they come back with Just remember stress issues are very hard to define and diagnosis for insurance agency in relation to payout, so you may be shocked at the number the insurance company comes back with. If you do not like the number seek a free legal consultation on your case
10
I am so sorry for your daughter. I have felt like her since I had a heart attack. I hate to deal with lawyers, but they can look out for your daughters best interest. To be honest the lawyer will want to know what are the damage's to your daughter, and if there is enough to pursue a suit.
