Legal Question in Personal Injury in New Mexico

Auto accident settlements: What next?

My wife, two children and myself were in an accident in June, resulting in injuries which required attention to both my wife and son. Although I rear ended the other person, and that makes me at fault, the insurance company determined both myself and the other driver equally at fault, because the other driver was making an illegal u-turn on the highway with no turn signal or brake lights, and he fled the scene as soon as the accident occurred. The insurance company totalled my vehicle and paid all but about 600.00 of it off. The insurance company will be making an offer for settlement for injuries to my wife and son in about a month.

My question is, how much should I settle for, and how do I make the counter offer?


Asked on 10/03/00, 2:44 pm

2 Answers from Attorneys

Robert Scott Robert L. Scott, Attorney at Law, P.C.

Re: Auto accident settlements: What next?

Auto accident personal injury settlements are generally based on the medical bills. The higher the bills the more valuable the case. Without knowing what the bills are in the case, I cannot give you a specific dollar amount for the case. Additionally, you did not mention whether you had an uninsured/underinsured policy. If so,this could increase the value of your case. Finally, you should know that insurers often "lowball" personal injury cases. If you have any other questions, feel free to email me.

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Answered on 10/31/00, 10:24 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Auto accident settlements: What next?

Settlement negotiations with an insurance company can be quite tricky if you aren't a pro. Did you know, for instance, that they owe you for your registration, license and sales tax on your totaled car?

You stand a real risk of leaving substantial money on the table if you don't have considerable experience in this area.

Email us for a no-cost/obligation consultation, or call us at 1-800-858-3636.

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Answered on 11/01/00, 7:53 am


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