Saturday 24 September 2011

Another car wreck settlement question?

My brother and I were in a car wreck on January 2. We were sitting at a red light waiting to turn left. The light changed and my brother took off when another car ran the red light from the driver's side and hit us doing 40-45mph. Luckily, an undercover police officer sat at the red light opposite us and saw the whole thing. It totaled the vehicle and I (the passenger) was slammed against the seat belt post causing a large bump to form on the side of my head. I was taken to the hospital by ambulance where the doctors ran x-rays and MRIs on me. Those came back without a problem. I then went to the chiropractor the next day where he performed x-rays on my back. I found out that the impact of the wreck forced my vertebrae in my mid to lower back out of position. So I had treatments there three times a week for 7-8 weeks. Now I am at the point of waiting for the chiropractor to actually release me. Also if I didn't mention it before, I'm 14 and at the time of the accident had to carry three classes books (two per class) with me at the peak of my day causing extreme pain in my lower back. Some days I had to go home early or even miss school altogether because of the pain. So now my question is how much longer will it be before I get a settlement and I was thinking that the settlement should be about $8,000. If any insurance adjusters are reading this, does it sound fairly close to a starting point for negotiations?
Another car wreck settlement question?
No settlement will be offered until you are completely done with your medical treatment. No one here can answer what settlement amount will be offered or is right for you. That will be up to you and the insurance company. If I were you, though, I would not be seeing a chiropractor but instead would see a real Doctor. You will have to live with your back the rest of your life and I would not be risking my back health to a %26quot;bone crusher%26quot;.
Another car wreck settlement question?
YOU won't get paid a settlement at all - your guardian will.



Depending on what state you are in, you might not be entitled to ANYTHING for pain and suffering - you might have to collect your medical bills off of your brother's policy.



If a DOCTOR didn't find anything wrong, well, chiro's are notorious for doing lots of therapy, and finding stuff wrong all the time. You'll be lucky to get the doctor bill and xrays done. Chiros ALWAYS see you three times a week, for at least three months, then they want to see you once a month, FOREVER. That's why anything a chiro says, is heavily discounted, when looking at injuries.



It's highly possible that all your back problems were caused over time, by carrying your BOOKS, and not by the accident.



If someone offers you $8K, I'd take it and run - keeping in mind, that your CHIRO bills have to be paid out of that. But I don't think you're going to see that much.
Assuming you are tort eligible, the threshold requirements vary from state to state, your PARENTS need to present the claim on your behalf. Often a %26quot;friendly suit%26quot; needs to be filed, and the court needs to approve of the settlement.



Sounds like you sustained a minor soft tissue injury. Once you have been released, your chiro, will send the insurance company a final report. I don't understand why you went to a chiro and not a real doctor followed by physical therapy. Adjusters do not think much of chiro treatment.



Depending on what state this loss occurred in, you can expect about $2400 - $3200 plus your medical expenses, assuming they were not paid by your brother's PIP coverage. Often this settlement is held in an escrow account until you are 18 years old.



$8k is a reasonable DEMAND, but your parent's need to be willing to negotiate. Expect the First offer to be about $2k plus meds.
I hope you didn't sign a release from the insurance. Insurance companies are not your friends. You might have on going issues with the injury and you could claim it against the other guys insurance. Sign NOTHING untill your lawyer looks at it.
$8,000 sounds pretty good

however that will not be your offer.

My offer was $750 (and my bills were $3K)



TALK TO AN ATTORNEY or get your parents to talk to one!
if you are age 14, you cannot settle with your insurance company since you are a minor. the insurance company will settle with your parents and depending on state law, it may have to have it approved by a court.



the settlement will most likely be put into a trust till you are age 18 or 21.



this is to protect you. years ago, they did not do that.



my husband, a lawyer had a serious injury of a baby about 20 or more years ago. the settlement was $350,000. the parents immediately showed up the next day in a new car. by the time the child was 18, there was no money left; the parents spent it all. the child was/is in a wheelchair for the rest of their life and cannot function on her own without help. that happened a lot back then, so most states have set up trusts to protect the child. any money taken has to be approved;

ie; medical bills to be paid;



good luck

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