I WAS INVOLVED IN A NOT AT FAULT ACCIDENT IN WHICH OUR VEHICLE WAS TOTALED. MYSELF AND MY 7 YEAR OLD DAUGHTER SUSTAINED CONCUSSIONS, AND I AM TOLD BY MY DOCTOR THAT I HAVE WHIPLASH FROM HITTING THE SIDE WINDOW OF OUR VEHICLE. I AM UNDERGOING THERAPY NOW. I SETTLED FOR A VEHICLE REPLACEMENT WITH MY INSURANCE COMPANY (no - fAULT) IN COLORADO. I WOULD LIKE TO SETTLE WITH THE AT FAULT PARTYS INSURANCE COMPANY FOR MY WHIPLASH CONDITION AND PAIN AND SUFFERING. IS THERE A RULE OF THUMB ON HOW TO CALCULATE A FAIR SETTLEMENT WITH THIS PARTY.
1 Answer from Attorneys
Re: Whiplash settlement
Many people will tell you that there is a rule of thumb that you can follow, but in my experience, each case must be evaluated on its own facts in light of potential jury verdicts. I do handle cases out of Colorado and would be happy to talk to you about this. My number is (307) 632-0132.
However, if you are not interested in hiring a lawyer at this point, I would suggest that you might go to a law library and ask to review the Jury Verdict Reporter for cases similar to yours.
If you try to negotiate a settlement alone with an insurance company, the insurance adjuster will know the threat of litigation is minimal (at least until you decide to hire an attorney) and may significantly devalue your claim. Some insurance companies are worse about this than others.
Although you have not provided an adequate statement of facts from which I could analyze the liability issue, it sounds like you have a claim that is worth serious attention. Let me know if I can assist you further.