Legal Question in Personal Injury in California

I was in an auto accident. Not my fault. no body injury to me but I was a little shaken. Elderly woman in her 70's pulled into a parking stall to my left, I was parked, as she pulls in, she hits my left rear panel, scraping all the way in and then she backs out scraping, then she repeats this hitting my car a total of 4 times. Her insurance offered me $250 for my personal injury, pain an suffering but no more than that with documentation of my trauma. Is there anything that I can say to inspire them to pay a little more?


Asked on 5/02/12, 7:46 pm

1 Answer from Attorneys

Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

In part, it will depend on what you have said already about whether you suffered any injuries. If you already admitted that you weren't injured or didn't feel any pain, you probably won't get much more than $250 since the incident occurred in a slow-to-no speed collision. If you haven't said much, or complained of a "little" bit of pain, you might be able to get a little more. (For example, I was rear-ended once at a pretty high speed, and the other driver's insurer automatically offered $500 before I had even mentioned any pain.) Other factors that may come into play are what the insurance company is (some are cheaper than others), whether the insurer thinks you will sue, and whether the incident was the type that could logically result in medical bills.

Really, the "value" to the insurance company is in the agreement they will want you to sign, waiving all of your current and potential claims for personal injury upon payment for your "injury." Some insurers do not want potential claims lingering around since you have up to two years to file a personal injury lawsuit. Others may not care.

If and when you do settle your personal injury claim with the insurer, be very careful when you sign the release. Make sure you are not waiving any claims for damage to your vehicle, or anything else. I've seen releases that are titled "release of personal injury claims" or something similar, but then in the body of the agreement, mention a waiver or release of "property damage" claims.

Read more
Answered on 5/02/12, 8:16 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California