Was in a rear end collision, we were hit, ever since I’ve experienced back, neck, R. arm pain and headache. I’m not the sort to go sueing people but I’m preterbed about this pain, having to miss school & sports because of it. Is pain and suffering usually awarded to injuried parties in small rear end collisions? What can I expect?
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“Pain and suffering” is not automatic, and the amounts awarded depend on too many factors to guess. There is no set amount, and if anyone tells you “Three times the damage estimate” ignore them.
Your best source of information will be your insurance agent.
Get a good personal injury lawyer but make sure you trust them before signing with them and claims like that can take a few years to settle. It’s hard to put a price on a lifetime of pain, suffering, loss of income, disruption of personal life and possibly disability, so go slow and have tests done to determine the amount of injury and likelyhood of longterm damage. Hold out for as much as you think fair and remember the lawyer gets a third of the total.
First, be sure and check with your doctor about your physical condition. If you have any problems related to the rear end crash, the medical coverage portion of automobile insurance will cover your expenses.
Next, do everything you can to be prepared to negotiate a fair statement.
When an insurance appraiser evaluates the damages to your car, he or she will decide how much it will cost to repair the car. This repair appraisal is compared to the “blue book” value of your car. The blue book value is the fair market value or retail value of the vehicle. In other words, how much would you have to pay a car dealer or individual for a car as similar as possible to yours. If the cost of repairing your car exceeds the fair market value, the car is considered totaled. You then receive the fair market value.
If an accident is caused by someone other than you, your insurance company will negotiate with the other person’s insurance company and collect your property damage claim in full. You are entitled to a refund for the deductible you paid. Don’t forget to ask for it.
The insurance company should pay for a rental car while yours is being fixed. Keep receipts to prove costs to the insurance company.
Don’t automatically sign a piece of paper accepting the insurer’s estimate as the full cost of the repair. Get a second opinion from a mechanic that you trust. There is an arbitration clause in many automobile insurance contracts, use it if more work is needed and the claims adjuster balks.
If your car is determined to be totaled, and if you think that the fair market value offered by the insurer is too low, get more information. Get signed statements from automobile dealers that state the value of your car. Look in the classified section of the newspaper for prices of cars similar to yours. Use this information to negotiate a fairer settlement for you. Always get the information you need to support your case. If you don’t ask, you’ll never get a better settlement.
If you still can’t work things out, put on your Consumer advocate hat. Complain to your insurance agent and ask for more help. Send a letter to the state insurance commissioner stating what happened and why you feel you deserve a better settlement. Attach copies of supporting documents. Send a copy of this letter to the president of the other person’s insurance company.