Accident Settlement

I don't understand how money is going to help your children. Are you looking for long term care for the medicial issues they already had?

If the insurance company is covering your expenses, then they are doing their job.

I'm sorry but I think people jump at the chance to sue because they think they are owed something. We are in sure a "sue happy" system that it makes things harder on EVERYONE so one person can get even.

The poster with 25,000 "free money" from the honeymoon just raised everyones rates at the hotel. As for the teen and a Mercedes ....Texting and driving don't mix but who cares if a teen has an IPhone and Mercedes, or that it is daddy's? My teen does, she's been through extensive drive training and is a good driver.

A settlement is not "free money". I think people should be held accountable for their wrong doings when accidents are caused but I don't think it is right for people to use that opportunity to try to gain a windfall.

If people want money, they should EARN it, like respectable people do.

9 moms found this helpful

Have any of your children required follow up medical care (including psychological treatment)? If not, and their only medical treatment was the trip to the hospital, it's not realistic to expect more than what the insurance company has offered you. I am a former claims adjuster and can tell you that claims are evaluated based on the severity of the accident, the severity of the injuries and the treatment received. I understand and agree that no amount of money will help your children, so you you need to heed your feeling about this and realize that money is not going to make it better. If your children are not emotionally recovered from the accident, get them some help and don't settle your claim until you are ready. Unless the accident made your children's current health issues worse, or it delayed their recovery, the insurance company doesn't owe you extra.

7 moms found this helpful

I just wanted to add something from another point of view....unless you really need the money and it will truly help with something then don't ask for it.

We were in an accident (my husband's fault) that was just a few days before Christmas. The man went to the hospital and we were okay and thank goodness that my daughter had decided to stay with my MIL for the day because the man on the motorcycle hit our van on the side she would have been sitting.

But, just because my family and I were fine physically, emotionally I was a wreck afterwards and am having a hard time with it. I felt so bad for the man (he is okay, but the fact that he had to spend Christmas in the hospital was so sad) and I kept thinking how horrible it would have been if my daughter had been in the car and just remembering the sounds was horrible and every time I drive through an intersection I have memories.

Then came all the financial things. We had insurance, but not full coverage. We don't have a lot of money as I am a SAHM and my husband works 40 hrs and goes to school full time. So, I was without my van for the 4 months it took my husband to work on it in his "spare" time. $1200 later I have two used doors on my van, the scratch is still on my back window and the door doesn't close right. Then we got the certified letter from the man's lawyer suing us. A few months later we got a letter from the man's insurance company wanting money from us.

So here we are, just a young family, struggling and trying to survive in this world, my husband made a mistake and we are paying over and over for it both mentally and financially.

All I am saying is unless that money will really help you and your family then think twice before asking for more money because that money has to come from somewhere and it may just come from someone who is barely staying afloat.

6 moms found this helpful

And why is it that you think money will help out? I think what the insurance company is offering is fair. It is your job as a parent to comfort them through this, not the insurance companies money. We pay exhorbatent amounts in insurance, because people think money is owed to them for every little thing and that money will fix everything. Personally I think all the ins co. needs to do, is pay the hospital bills for the physical injuries, not emotional. Sorry, you probably don't like my answer!

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Can they prove she was on drugs? Did they do blood work at the time of the accident? If not, that accusation is only that, and has no baring on this. I think that what is fair is enough to cover some counseling to help your children get over any lingering fears they have of cars. Accidents happen, and I am sure she did not hit you with malicious intent. If the kids are traumatized work out a deal for her to pay for therapy, that is what I would consider a "good amount". Money is not going to help your kids feel safe, so it is irrelevant unless it is in relation to paying for real help. I hate how "sue happy" this nation has become.

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Many people have already suggested you talk with a personal injury lawyer. I strongly encourage you to do this! What people did not mention is that talking with a lawyer will not cost you anything. The initial consultation is free, and they work on a contingency basis. In other words, if they win the case for you, they collect a percentage of the settlement. If they don't win, they don't get paid. My guess is that the settlement will be many times greater than the original offer.

4 moms found this helpful

The insurance should cover some counseling for your kids as well. If the insurance is covering the medical bills and counseling, what more do you need? Good luck!

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Find yourself a personal injury attorney to get your kids the care and treatment they need as a result of this accident. The money will probably be placed in a trust with someone to manage to make sure that it goes for their expenses. Because an attorney will be involved, it will be more expensive for the other driver and their insurance company, but that's what happens when they try to get by on the cheap and discount the needs of kids. Same goes for you. This attorney will make sure that you are covered for all your expenses as well.

I wish you all a speedy recovery!

3 moms found this helpful

I would fight for her to cover the cost of a counselor for your kids (and yourself too while you're adjusting).

3 moms found this helpful

Here's my thought: Just tell the insurance you aren't ready to settle and to contact you in 6 months. In six months if you still have concerns, ask for a few more months. My husband was in an accident where the lady was going too fast, hit a slick spot that sent her sideways into the front of my husband's van. A t-bone type accident, but not his fault. The van was totalled. My husband's knee was bruised quite well. Since it was his work van, his work insisted he go to the doctor. Yep, just bruised up pretty good. The insurance company wanted to settle for $100. We said to call back in 6 months and make sure there wasn't any lingering pain. 6 months later he settled for $100. I was in a horrible accident in high school (I was just a passenger) and even though I was physically fine, I was still nervous in vehicles afterward. But I didn't need therapy to get over it, just time. And people who cared enough to realize when I was concerned that they should slow down or stay further back from the vehicle in front.

I understand that trauma can have impacts on one's psyche, but honestly, trauma can happen anywhere, even at our own homes (I have an ADHD child, too). I think the best thing is too walk your children through it with lots of love. If you come off sounding scared or freaked out or even angry, your kids notice that and use that in their emotions. Play something that is soothing when driving. Try to explain that yeah, sometimes accidents happen, but mommy and daddy pick out the safest vehicles they can. When you know you are going to be driving over a bumpy road section or see something in the road that is going to give a bump, calmly talk them through it "There's a bumpy section of road coming up, I will slow down for it. It may sound louder in the car, but that's just the road noise." It will take many times of going over it, but eventually the kids will become calmer.I'm sure you've already been doing that, but it never hurts to mention it.

Just play it safe, no amount of money will make the situation better. I'm sure the insurance is covering the medical and the vehicle, so if you need a bit more time, just ask for it. Give the kids time to adjust before they go to a therapist.

Sometimes, as parents we think that (and I'm not saying you think like this it's just a general observation) our kids need more help for whatever, either at school with grades, or via therapists for emotional issues, but in reality they just need more time. That's my philosophy anyway, time and comfort. For anyone who proceeds to nail me that therapy is great, I agree, to a point. I honestly believe that the best thing I can pass on to my children is to learn how to cope with what life throws at them. Because at some point in life they won't have myself or my husband their to hold their hands.

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I agree, you need to get a lawyer. You are certainly entitled to help. That is why we pay for insurance. Emotional is just as important as physical. Especially in your case with the emotional issues your children already have. The reason we pay outrageous insurance rates is because of fraud, which they have to spread out the costs to all members. In this case, the only one who will be paying outrageous insurance rates is the other driver, and that is how it should be. If you are not defrauding the insurance company, you are entitled to help with your children. They need counseling, not just for you to comfort them through this. As if you aren't already doing that. Personally I hate frivolous lawsuits and suing for millions of dollars for an accident. But there is nothing wrong with getting the money for treatments you need. Your kids need help, it was the other driver's fault, and you shouldn't have to pay out of pocket for that. Call a personal injury attorney. Try and get a recommendation for a good one, don't just pick one at random from the phone book.

2 moms found this helpful

This really doesn't answer your questions but beyond that they need to go to a cranial sacral therapist. I had a car accident when I was 19 and went to a chiropractor for 30 years on an almost monthly basis. When I found the cranial sacral therapist she worked on me and now I go to her about every 6 months or so and now I don't have to pay chiros anymore and my body feels better and I just don't have really any symptoms at all. Go to http://www.amtamassage.org/findamassage/locator or look under cranial sacral massage therapy in google.

N.
Health and Wellness Coach

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Get a lawyer! Whatever pain or problems you are having from the wreck need to be documented from a Doctor. For example if your kids are having problems they need to see a counselor and have it documented. If you are having pain you need to go to the Doctor and have it documented. If you go to court your word means nothing! You have to have written proof from Doctors of what you have experienced because of this wreck! Seek a lawyer asap!

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Call a personal injury lawyer and see if you have a case.
That insurance offer is ridiculous! And to the people who tell you you're making their insurance more expensive - boohoo. Additional money will help you get counseling for yourself and your children to get over this.
I am no saying go for the throat here, but definitely to cover any expenses that may be necessary to return your life to normal.
Good luck!

2 moms found this helpful

Take your kids to the chiropractor, craniosacral therapist, and counseling (for the two older ones). We were in a fatality car accident when my daughter was one, someone also t-boned us and we hit a tree because of it. My daughter, now age 5, still talks about it but was thankfully too young to really remember it and be scared. There is NO WAY that much money is all they are entitled to. Please talk to an attorney, my daughter is going to get at least 3 times that.

And I'm adding that it is ABSOLUTELY the insurance company's fault to pay for the emotional damages, it's called painand suffering. And the emotional damages sometimes far outlast the physical ones, I know from experience. I'm still dealing with it! We all pay for insurance for times like these when it is needed. If you have Personal Injury protection or Med Pay on your policy, they should pay for doctors, therapists, psychiatrists, etc. up front if those providers are willing to bill your PIP/MP. If you don't have those coverages (or maybe just don't have a waiver to prove you don't), they can bill your health insurance or you can pay them and get paid back out of your settlements. But most children's settlements end up in a trust until they are 18 or 21.

I strongly suggest you seek a consultation with an attorney, it sounds like you are dealing with more than you need to after such a horrible incident anyway.

2 moms found this helpful

I agree with Christi S.. Get an attorney. My husband was in a car accident last Feb. and was cut out of the car & couldn't walk for almost a month. Yes, he was EXTREMELY lucking in that he didn't break anything. But, he does have some long-term issues with his knees. The first thing we did was get an attorney. The at-fault insurance company wanted to offer us only $10K for everything. His medical bills alone cost almost 3 times that. Not to mention the pain & suffering, lost wages, reimbursement of some minor material things, and they also consider family hardship.
Get an attorney now!

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I am currently going through the same situation. I was 7 1/2 mo preg with my daughter and my 6 yr old son was riding with. His father was driving. To this day I'm not quite sure what happened, but we apparently rear ended another vehicle. My son and I went to the ER and were seen there. My son had a small laceration on his forehead and was given an x-ray but was okay. Me, on the other hand, I had to stay overnight to ensure that I didn't have a placental abruption. None the less, our experience put my son, his father, and I through an emotional roller coaster. My son has ADHD and Sensory Integration Disorder. Even though he didn't seem to have been seriously injured in the accident, he still is emotionally effected by the accident. The insurance company wanted to settle for his part of it...they offered $1500. I decided the best thing to do was to get the help of a lawyer. Do not let the insurance company try to settle that low for your hardship. They will try to get you to settle the lowest they can. I talked to a lawyer because I don't know if there will be effects from the car accident later on. I want to make sure that my son, myself, and (now) my daughter, are financially ready to tackle any medical issues related to the accident...whether it be now or later. I'm now facing issues myself (the accident was in July of 2009). I hope that I'll be able to settle for an amount that will help cover costs of anything that might happen later on. Hope this helps and good luck hon. Sorry you all had to endure what you did. I know from first hand experience, it's scary enough for you...it's especially scary when your children are involved. *hug*

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Go to an accident lawyer and tell him or her about the emotional damage (because that is what it is) you children are suffering and tell them that they need help to recover from that. If he or she is any good you should get more.

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You didn't say who was determined to be at fault or which company gave you the $ amounts. If it's your insurance that is paying the result may be different than if the other car's company is paying.

You've no doubt been cautioned to not talk with the other car's insurance. That is important. What you say could end up hurting you.

I also think that you should consult with an attorney and then consider hiring them based on the information they give you. You may not need an attorney but then again you may.

I also agree that you need to have all of your children examined by specialists. Because of their disabilities they may need additional help. Dealing with emotional fall out is a legitimate expense. I suggest that because of your children's handicaps they will be entitled to more than the average child would be. The accident had a more serious affect for them.

You also don't say when this accident occurred. That is important to know. Do not settle until you are as certain as you can be that you will not have any additional expenses or if you do, what those expenses will be. I've been in a couple of accidents that resulted in injury and didn't settle for a couple of years with each one.

I learned with these experiences that the insurance for the other driver will stall making a pay out unless they can get you to agree to a quick settlement. A quick settlement is not in your best interests. They will put pressure on you to settle. Do talk with a personal injury lawyer before settling even if you do not want to retain a lawyer.

Later: I'm surprised at all the moms who associate talking with a lawyer with filing a law suit. I'm not suggesting that you sue anyone. I'm suggesting that a lawyer can let you know what is going on and how to get enough money to cover your expenses that result from this accident.

Both of my accidents were years ago and I'm still suffering physical pain as a result. One of the accidents was a head on when the other driver crossed into my lane. The insurance company wanted me to settle immediately for just a thousand or so over the costs that I had accrued up until then. If I had not talked with a lawyer I may have settled and then I would have paid the next several thousand $ out of my own pocket. As it is I am still paying both in pain, lost time, and every once in awhile medical appointments. I was sober, driving in the correct lane, going the correct speed. Should I absorb the financial costs of the person who crossed the center lane and hit me? I think not! I do have to absorb not only the $ cost of continuing medical care after I settle as well as the emotional and physical costs of continued off and on pain and the losses that cause.

Yes, accidents do happen. And whether or not we are legally at fault we do suffer the consequences. I feel sad for the couple who were not fully insured and are now being sued. At the same time they also chose to not be fully insured. We all have choices and must live by our choices. It is not fair for the injured people to pay for the poor choices of the person who made the mistake. Each of us is responsible for our choices including how they affect the lives of other people.

I'm not suggesting to hold out for a huge settlement above the actual cost of care that the accident caused. I'm suggesting that one needs to know all the facts in regards to insurance settlements. Settlements are a legal process. They are complicated. And the system is designed to protect the insurance industry. As with all legal situations we need the help of someone who knows the system and how to make it work for our benefit. Not to gouge anyone else but to get the money we need to put our lives back into some semblance of how they were before this other driver made a mistake.

There really is no such thing as an accident. I've made mistakes but I've always seen how, if I'd made a different choice, I wouldn't have made that mistake.

I rear ended a car and was glad that I had enough insurance to pay what the driver and passengers in the other car needed. Because I had made the choice to have full coverage I didn't have to worry about them taking money from me. But if I had not had full coverage I would be upset and worried as the one mother wrote. The toll from the accident caused by me could be as much as that on the people in the car who were not at fault. We all pay at one point or the other thru the choices that we make. I'm sympathetic.

I would like to see the laws changed so that the insurance companies do not have so much power. I'd like to change them so that settlements are not adversarial. Just the stress of dealing with a settlement is bad for everyone involved. However, we are stuck with the system and must navigate a legal system about which we know very little. That is why a lawyer should be involved. Not for getting a huge settlement but for getting enough to cover the expenses, both physical and emotional caused by the other person's mistake. You are right there is not enough money to make up for the loss. The settlement is not about what is right. It is about protecting ourselves.

Also, negotiating a settlement does not have to mean filing a lawsuit. Unfortunately, because of the way the system is set up, it does sometimes mean filing. Talk with a lawyer who knows the system so that you can make an informed decision.

2 moms found this helpful

I would like to say that I was rear ended by a 19 year old girl, driving a Brand new Mercedes. (Daddys) Meaning she NEVER had to WORK for the CAR. NOT THAT I AM JEALOUS. I AM PLENTY BLESSED!!! she was txting on her I PHONE and looking at the phone not the road. THAT IS ILLEGAL! She Smashed into me at a fast rate about 40 MPH I was at a stand still. Her car was totaled. JUST TO SHOW THE FORCE OF THE ACCIDENT!
The ins company offered me 250.00
I called an attorney and a year later I am still facing this. I have no clue what I will end up with. I still have bad back problems and was not able to lift my toddler for about 10 months. I missed out on a lot.... playing at the park and stuff like that. HAVE MEDICAL BILLS, PAIN, AND AM ON MEDS THAT AFFECT MY LIFE!

I HAVE BEEN REARENDED AND NOT HURT. I LET THE GUY GO!!!!!
I AM HURT! any rude woman who has the NERVE to call me out as JEALOUS should have gotten more detail DELETE your comment about me! the refrence to I PHONE was because it is a touch phone you have to look at it to TXT I too have one. Again Not JEALOUS!

Accidents are a terrible thing to go throu. I think that the offer that the company made your children was low. You need a lawyer, and a good one! Get that money and save it for your kids College funds. I think it is wrong to think that the accident VICTOMS are diving our insurance rates up. ITS THE BAD DRIVERS THAT CAUSE THE INCREASES IN INSURANCE.

It is illegal to TXT n drive in California, but as in (MARIA SCHRIVERS CASE) the girl who hot me was not Sighted or ticketed.

Blessings and Prayers for you and your family

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A.,

You MUST get a personal injury lawyer! Years ago, I fell down 3 steps on my honeymoon in Hawaii and broke and severely sprained both ankles. Come to find out, other people also fell in that exact same spot due to the way the area was all set up. The details don't matter here, but I just wanted to tell you that they settled out of court for $25,000. And that is tax free money. But you MUST have an attorney. They will get all the details from you and you will not have to do a thing, they will handle it all. And since they only get paid if you get a settlement, they will work very hard to get you the most they can.

Good luck!

1 mom found this helpful

I can see where it would be difficult for children with certain neurological issues like autism or OCD, to emotionally recover from a car accident. Your children are young enough that regression and a hyper-focus on the details of the accident could be a problem. If they are having difficulties, as you say they are, you are going to have to get them some professional help, possibly from a pediatric neuro psychiatrist. The insurance company probably won't pay for these sessions in advace but will probably reimburse you for your out of pocket cost once you submit a bill to them.

As for your question about how much money you can get from the insurance for your children, I don't think members of the general public can answer that for you. It depends on a lot of things and really, the only one who can really give you a fair guestimate is an attorney.

Blessings to you and your family.

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It depends on what is important to you. Has the insurance company been covering your medical bills? Once you hire an attorney, the insurance company puts a freeze on paying anything! They will not pay another dime until the suit is settled. What this translates to is you are responsible for all your medical bills until the claim is settled, which can take years! Your health insurance wont touch it because it is a personal injury case. If you have had alot of medical bills, this can ruin you financially before it settles. If you cant pay for it yourself, the medical facilities will turn you in to collections, or worse yet, small claims and garnish your paychecks. So, just be fully aware of what can happen, and I wish you luck. The insurance companies play this game really well.

1 mom found this helpful

Do not settle for the amounts you listed for your kids? I would ask an attorney for help. I was in a minor rearend accident,they totaled my car. My son had a very slight bruise on his head he didn't even go to the doctor and he got $500.00. Most attorneys will help you and only get paid if you get a settlement. Don't settle right away. Some injuries might flair up later down the road. Good luck to you and your kids.

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Get a lawyer. If you are in Oregon contact Gatti, Gatti, Mayer, Sayer and Thayer and Associates.

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Of course any amount of money isn't going to help your children but I do think you deserve more. As another poster stated people get more money for less harm. I was in a small accident and they fixed my car, gave me a rental, and paid for my chiropractor visits for about 6 months. Then offered me 3k to settle. If your children or yourself are getting continued medical care for the ACCIDENT then you should get more, but if you're thinking the company will pay more just because of their preexisting conditions, they won't. Also if the accident was your fault then you won't get as much if any money. But if you honestly think you deserve more then you should talk to an attorney.

1 mom found this helpful

People get more money than that for less. I'd ask for more.

Well that is hard to say. I have a friend who husband and child was in a bad accident. The other driver was at fault all because he didn't want to wait for a red light. They would have gotten a larger settlement if the driver of the other car has some alochol in his system. Her husband was the one who was injured the most. He lost his dream and will never get to be what is saught out to be here in WA. That is really hard to say or advise you. It might be a good idea to consult someone that is knowledgable in that area.