Legal Question in Personal Injury in Virginia
Rear-ended at red light, sustained back injury
I was recently rear-ended while sitting at a red light by a man who's brakes had failed. He admitted fault and said his brakes had failed about 20 min before, he was just trying to get home with his parking brake. He was given a reckless driving ticket at the scene.
From that accident I had back pain and missed 2 wks of work, as it was painful to sit or stand for more than an hour or so at a time. My dr recommended the time off of work and also wrote orders for both physical therapy and massage therapy. The physical therapist estimated 3 months PT for recovery.
The insurance company is offering me $2000 above medical bills and loss of wages for pain and suffering. Is this a fair offer?
1 Answer from Attorneys
Re: Rear-ended at red light, sustained back injury
The offer of settlement from the insurance company which you've described is a typical "low ball" proposal which is designed to protect the insurance company's bottom line and which the carrier hopes that an unrepresented claimant such as (apparently) yourself will accept and then quietly disappear. Your pain and suffering compensation alone should be worth at least three times the cost of your medical bills, not including your lost wages.
You would be well advised to get a lawyer to represent you in this matter who will not be shy in letting the insurance adjuster know that if something more acceptable in terms of a just settlement offer is not soon forthcoming from his employer, that they will see you and your lawyer in court, seeking the just compensation which the carrier refuses to provide.
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