Legal Question in Personal Injury in California

Value of the car accident claim

Hello everyone,

My wife got into a car accident about a month ago. She got hit from behind I believe pretty hard and hit the car in front of her. She was going about 15-20 mph on a bumper to bumper traffic. The car got ''sandwich'' and its a total loss. Because of the accident, she is going to therapy 3 times a week and the doctor says she may have neurological damage. We got money for the insurance to pay for the total loss and we got a fair amount. The other driver (the one who hit my wife) admited fault and had insurance and license. We are trying to settle with the insurance Co but dont know what amount of money will be fair to compensate for the pain and suffering, medical bills and damages. Doctors say she may have to go to therapy for another 6 months. Can anyone help us and please tell me how much money will be fair to settle and how long this may take (the whole process).

Thank you in advance for your help


Asked on 1/10/05, 10:30 pm

7 Answers from Attorneys

Daniel King Law Offices of Daniel King

Re: Value of the car accident claim

hi. handling the claim on your own, especially in light of the continuing injuries sustained by your wife, is REALLY not a good idea. NO ONE, not any of us attorneys or anyone else, can tell you what your wife's case is worth, and what you should settle for while she is still treating. a competent attorney will help you and your wife figure out what kind of analysis needs to be done from both a legal and medical point of view.

please call. i would be happy to consult with you.

and do not do ANYTHING with the other side until you have proper representation.

thank you.

daniel king

818 587-9299

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Answered on 1/14/05, 11:34 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Value of the car accident claim

There are many factors to consider such as the maximum on the policy, the amount of medical bills past and future, lost earnings and earning capacity, and the nature of the injury itself as well as any residuals. Then there is the matter of pain and suffering. You meed an experienced attorney to get full value. You should not be involved in the negotiations as anything you or your wife say can be used in a manner which may decrease the value of the case. Call me directly at (619) 222-3504.

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Answered on 1/14/05, 1:06 pm
Rob Reed Law Office of Robert A. Reed

Re: Value of the car accident claim

Rule #1: Never settle a claim until the medical treatment has concluded.

Rule #2: get an attorney

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Answered on 1/14/05, 3:57 pm
Terry A. Nelson Nelson & Lawless

Re: Value of the car accident claim

What is fair will not be determined for quite a while. It depends on all the medical treatment and wage loss expenses, and how much permanent injury she has, and pain and suffering, etc. Without experienced counsel, you are virtually guaranteed not to get full value from the insurance company, nor will you know the value. Contact me if interested in getting it handled correctly.

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Answered on 1/14/05, 4:32 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Value of the car accident claim

No atty can ethically or honestly tell you how much the claim will be worth at this early date. No one knows. Depends on a lot of variables that can only be determined after your wife is fully released from all medical care and all the various damages are added and we see what condition your wife is in. And, you'd probably be at a loss to negotiate a good settlement with a professional claims rep. Get a PI atty in your area or where the accident occurred.

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Answered on 1/14/05, 6:48 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: Value of the car accident claim

Give me a call at no charge.

Charley Rossman 562 267 7777

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Answered on 1/13/05, 9:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Value of the car accident claim

You will need to provide more information before a lawyer can answer your question. LawGuru really isn't set up to offer estimated values of claims anyway. Instead, you and your wife should consult with a lawyer in your area.

Keep in mind that the insurance company will never agree to pay more than the driver's policy limits. If your wife's claim is worth $100,000 and the driver has $50,000 worth of insurance, the insurer will try to get you to settle for $50,000 -- or even less. There is no need to accept such an offer, but there may be no way to get any additional money out of the other driver. Deciding what the claim is worth thus involves more than evaluating the harm to your wife; it also involves evaluating the driver's insurance and his personal assets.

These are issues an attorney can explain better during a consultation.

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Answered on 1/13/05, 9:45 pm


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