Board 8 > How much $$$ should I expect to collect from the guy who rear ended me?

(+) Yeah! (+)

Two months ago I posted that I got rear ended. My car was totaled and the proceeds from that were more than it was worth. I had some back soreness for the first couple of days and then was fine. I went to the doctors that week and they said it sounded like a sprain but that was it. Their insurance paid for that visit too.

I just got a call yesterday but let it go to voicemail that they're wanting to close up the case and discuss settlement. I wasn't expecting anything else but I'm assuming this is the take some money if you agree not to sue for any future issues.

If you've been in this situation, what kind of $$$ amount is likely? Should I expect their first offer?

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how fast were they going when they hit you? any injuries? any residual soreness or numb extremities? stiffness? did that doctor say anything about followups?

and yes, since this is a rear ender liability is certain on their insured so they'll want to pay you some nominal amount to get you to agree not to sue. plaintiff's firms love rear enders because liability is pretty much a given, but if you pursue that route you'll likely be subjected to lots of bs doctors visits and probably steroid injections to pump up the "damages" for you to claim. the treatment will likely all be on a lien basis as well.

at the very least don't accept the first number they offer you. you can demand maybe double (or more) and see what their response is... but you also run the risk of them calling their bluff and being left with nothing unless you retain a lawyer.

and if you do intend to lawyer up, absolutely do NOT talk to their insurance company at all.

i am not your lawyer nor am i advocating an unnecessary lawsuit (hell I'm a defense attorney), but don't let the insurance company lowball you for the loss of your car, etc.
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You're admitting you werent seriously injured so I'm sure you told someone else like a doctor and its noted so realistically you're gonna get $1000 or less

LadyVyxx posted...

You're admitting you werent seriously injured so I'm sure you told someone else like a doctor and its noted so realistically you're gonna get $1000 or less

this is also a good point, what did you tell that doctor or the person that hit you or their adjuster?

that said.... I've seen plaintiffs lie through their teeth even after admitting to a doctor they're fine,and those cases have lasted months if not years
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Snrkiko posted...

how fast were they going when they hit you? any injuries? any residual soreness or numb extremities? stiffness? did that doctor say anything about followups?

It's a 45 road and he slammed the breaks. So maybe 30 when he hit? There was only soreness for the first few days and then everything felt fine the next week. It's been two months no and I still don't notice any difference. Doc just said to come if anything changes and he gave some stretches for me to do.

Snrkiko posted...

but don't let the insurance company lowball you for the loss of your car, etc.

They've already paid me for my car and for the doctor's visit. So would anything beyond that really be lowballing?

LadyVyxx posted...

You're admitting you werent seriously injured so I'm sure you told someone else like a doctor and its noted so realistically you're gonna get $1000 or less

I told my insurance company because they covered my doctor visit and then billed the other insurance. My insurance "closed" the claim but they said it can be reopened if anything else comes up.

Snrkiko posted...

this is also a good point, what did you tell that doctor or the person that hit you or their adjuster?

I told the doctor that I felt sore originally but nothing on the day of the visit (one week after). Those notes may have been passed to my insurance (who covered the visit) but I seriously doubt they went to the other insurance.

I haven't talked to the person that hit me since the day of the accident, and the only time I spoke with their adjuster was a couple days after saying I would be going to the doctor's to get things checked out.

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that was two months ago? It felt like I read that topic last week
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time flies!

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Up

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metaIslug posted...

It depends. How much were you charging

glad i checked this topic again

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I rear ended someone and they got a couple of ten thousands

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pjbasis posted...

I rear ended someone and they got a couple of ten thousands

holy shit, care to share the details?

Like 6 months ago I got into a 4 car accident, where the truck directly in front of me hit a car at full speed, that hit another car, and then I hit the truck (I managed to just barely hit it, the only damage was their trailer hitch punching through my front plastic).

The truck ended up getting cited for distracted driving, because thankfully a bystander saw what looked like her phone in her hand (she said it was a drink),

And while I didn't get an official citation, the cops determined I was "following too close" (which is bullshit tbh, there's literally not enough room for everyone to put 5 car lengths between all cars in the center of town, which is what the cop said I should have been at at that speed).

Anyway, the Truck Lady's insurance emailed my insurance asking for payment for the totaled truck, medical bills, and emotional distress. I don't know if this is normal or just how USAA does it, but they kept me in the loop on all the communication, and after the "thanks for your letter, give us some time to check on it", they responded back with a simple "yo based on the evidence that you were cited for distracted driving, hit first, and the front of your truck was absolutely obliterated while the front of our driver's car suffered negligible damage, we're gonna say nah" and they closed the case.

Thankfully, my rates didn't even go up.
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^5 USAA

Caps

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They sent me a check for $500

Do I go for more?

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Menji posted...

They sent me a check for $500

Do I go for more?

did you agree to this amount or agree to have a check sent to you

have you cashed it
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No to all

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Just take the 500 tbh

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Well they want you to cash it because in doing so you automatically have accepted the terms and the case is closed just fyi