Legal Question in Personal Injury in California

Red Light Runner

My vehicle (with my 2yr old) was struck by a motorist who failed to stop for a red light as I was making a left onto the freeway on ramp. as a result of this i missed 6 days of work, had approx 35 chiropractic visits and treated for 6 months. The other person's insurance is only offering me $3,000 plus my medical.(they already paid for my car) How do I know what a fair offer is? My car damage was approx $6200.00 and it took 52 days for it to be repaired. Geyco is saying because I went to a chiropractor instead of a real doctor this is the best i can get. They are also trying to settle my daughter at 850.00 total. (her medical bills are 790.00) I feel the inconvience I was put through and my time missed from work is worth more than they are offering. Thanks!


Asked on 9/18/00, 9:41 pm

4 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Red Light Runner

The other driver was 100% at fault. This means that you are entitled to reasonable compensation regardless of what kind of doctor you treated with. They are trying to settle this case quickly because they think you are desperate for money and will take anything you offer. It sounds like it was a pretty severe accident if it cost that much to fix your car. Most people in car accidents treat with a chiropractor because a chiropractor treats injuries to the back and neck. A regular doctor only deals with broken bones and gives you pain killers if your back or neck hurt, whereas a chiropractor aligns your back and makes certain that it heals properly. Without knowing the amount of your medical bills and lost wages I cannot give you an estimate on what you should be asking as far as settlement. I am sure that your daughter was traumatized by the accident this should entitle her to some money for her pain and suffering. I strongly recommend that you consult with an attorney before settling this case. I also recommend that you not speak with the adjuster until you have consulted with an attorney or he may try to bully you into settling. I offer free, no obligation consultations over the phone. You can reach my office toll free at 877-546-9918, or you can email me with your name, phone number and a good time to call and I would be happy to call you at your convenience. I am centrally located in San Luis Obispo which is half way between LA and San Francisco. I also have satellite offices in the Bay Area and Fresno which allows me to handle cases throughout the State of California. I have specialized in auto accidents for over a decade, and I have never lost a case in court.

Please feel free to contact my office. I look forward to discussing the case with you and helping you determine what your next course of action should be. If I don't hear from you, I wish you the best of luck, and urge you to consult an attorney before settling your case. Also know that you only have one year from the date of the accident to either settle or file a lawsuit. If that date is approaching, I suggest you file a lawsuit before settling for an amount you aren't comfortable with and haven't discussed with an attorney. I can help you file a lawsuit and you don't have to pay me any money, except the filing fee, up front. If you fall below a certain income level you may be able to have the filing fee waived. We can discuss all of this when you contact me, or with another attorney if you don't take me up on my offer.

Sincerely,

John Hayes, Esq.

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Answered on 9/28/00, 7:33 am
Jeffrey Zinder Zinder & Koch

Re: Red Light Runner

Although I need more information, based upon your question I agree that the offer is far too low. You should consult with an attorney. I can help you. Please call at 818-760-0100 ext 101. You may not need a contingency lawyer who may ask for 25% or more as a fee. But you do need an attorney to help you establish the true value of the claim.

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Answered on 9/28/00, 10:15 am
Joel Meskin Law Offices Of Joel W. Meskin

Re: Red Light Runner

Assuming your medical specials are in the range of $2,500 to $3,500 for 35 chiropractic visits, the offer of and additional $3,000 is not unlike what most auto insurers offer unrepresented plaintiffs. Depending on how you come off as a plaintiff, including how articulate you are regarding the impact the injuries had on your life and your daughter's life, the value of the case with the property damage involved could be more significant. Assuming you only had soft tissue type injuries and you have substantially recovered, the case is probably more appropriately in the $8,000 to $12,000 including medical specials. The fact that a chiropractor was the health care provider should be irrelevant. Most insurers acknowledge the validity of chiropractors. There may be a problem if the per visit cost for the chiropractor exceeded $75 per visit. If you would like to discuss this, please feel free to call me.

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Answered on 9/28/00, 12:29 pm
John Bisnar Bisnar & Chase, LLP

Re: Red Light Runner

I feel as you do, your claim is worth more than they are offering. Without knowing many specifics it is impossible for me to give you an accurate value for your case. You do need to consult with an experienced personal injury attorney, not a general practice attorney. Someone who does personal injury only. All the good firms will give you a free consultation, advance all costs, not get paid until your case is completed and the recovery (money) collected. WE do not like to settle these cases to quickly. It is common on spinal injuries like yours for severe problems to arise six months after the accident. We usually wait until the ninth month post accident to settle such cases to fully protect our client. Remember that the insurance company is negotiating with you. They have made you an offer. You haven't shown them that you can make them pay if needed, so their offer is low. You need representation by an expert. Please get yourself one and do not have any further communication with the insurance company until you have consulted with an expert personal injury attorney that you feel comfortable with. Of course we would like to be your attorney. John Bisnar (800) 956-0123.

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Answered on 9/28/00, 2:10 pm


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