Personal Injury offer too low from insurance company?

[adare]

Ok, quick story. Was hit head on by intoxicated driver. He was 100% at fault, died on the scene. I have multiple herniated discs, frequently unable to use my left arm much because of nerve damage, and only a 50-50 shot at surgery correcting it at this time. PTSD, and had 2 borken bones. Doctor bill to date are around 40k

Demanded policy limits of 500k (have attorney) Received their opening offer today of 50k.

Obviously, we expected a low opening offer. Based on this, is it reasonable to think we will meet near the middle, like around 250 or 300k?

[adelphos]

The policy limit has nothing to do with the value of your claim. The value of your claim is based on the injury.

It is highly unlikely that an adjuster would open at 50K when they have a top dollar of 250K. Adjusters usually don't set their ranges that wide.

It's standard for an attorney to take 33% of the settlement.

In general, the insurance company does not consider your attorney fee in the offer. You hired the attorney. It's your job to pay him. Settlement offers are usually based on the injury itself and the facts of the case.

Your best source of information is your attorney. He's the one know has all the details of your case and injury. In order for any of us on YA to give you a good opinion on the value of your claim, we would have to evaluate all your medical records and the claim file. Since we don't have access to that information - any value anyone suggests on this site is just cr@p that was pulled out of thin air.

Since you are paying your attorney a huge chunk of money for his legal expertise - you need to ask him your questions. That's what you are paying 33% for.

[clem84]

I'm no attorney, but I know that his insurer cannot be forced to pay more than it's policy limit. If you want to go after more, you'd have to sue the other driver's estate.

[teithi71]

Nope. Based on this, I'm guessing that the drunk driver only had $50,000 of coverage.

Your attorney needs to ask if this is the policy limit. Regardless of the amount of your damages, the most the other insurance company EVER has to pay, is the policy limit.

And unless this guy had any substantial assets in excess of his debts and funeral costs, you're not going to see a penny more than the policy limit.

PTSD isn't going to be compensable. And as it is, if the policy limit is $50K, you're not going to get enough to cover your medical bills.

Your only hope, is if YOU have $500,000 of underinsured motorist coverage on your policy. If you do, you file the claim for the rest, under YOUR insurance. If you don't have more than $50K of underinsured motorist coverage, your policy doesn't pay, either.

Let me clarify exactly who gets paid when. Whatever the judgement is, if it goes to court, your lawyer gets 40% of that. HE GETS PAID FIRST. So, if you get that judgement for $500,000, and the policy limit is $50K, your lawyer gets the entire $50k, and you get NOTHING. If you get a judgement for $100K, and the policy limit is $50K, your lawyer gets $40K - his 40%, and the other $10K goes to your medical bills, and you get nothing except $30K more in medical bills to pay.

I'm just trying to explain to you - if the $50K is the policy limit, YOU are best off taking that offer. Your attorney is NOT best off, LOL, because he gets his cut FIRST.

**yeah, I read a lot of questions. What's going to matter a way lot, is exactly which injuries were directly caused by this accident. Did the accident cause your herniated discs and your nerve damage? Do you have any preexisting injuries? How old are you, and what kind of shape were you in BEFORE the accident? PTSD still isn't compensable, unless it results in a physical manisfestaion - like you break out in a rash every time you get in a car.

Also, your "to date" medical bills imply that you're not done with medical treatment. You're not likely to get any kind of settlement, until the full extent of your disabilities (only the ones caused by this accident) are known, and medical treatment has progressed as far as it can.

You have an attorney. You're giving them 40% of the take. Might as well get your advice specifically from them.