Question:

Accident settlement what to expect?

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I was involved in an accident May 31st 2008. Here is the run down; 8am I was turning into work off SR 290 (55 mph zone) when I was hit in the rearend. I didn't know who hit me till I got to the hospital, when the State trooper told me. He said she was doing approx 50 when she hit me and I was only doing about 10 turning into the drive way. She admitted to hitting me obviously but she told him she wasn't paying attention at all. witnesses (2) said she was totally at fault, My brake lights were on and my blinker was on. I'm now in therapy 3x a week. they believe I have a hair line fracture that runs from the hip to the tail bone (very painful). More x-ray's this week to see for sure. Doctor's still won't let me return to work. The kicker: It was a County fire unit (explorer) off duty, just not paying attention..That's what she told the trooper.

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  1. Depends on what state this loss occurred in.  Just because you were injured does not mean that you are entitled to monetary compensation.   You have to meet the threshold requirement for the state where the loss occurred.  Some states have monetary thresholds, others are verbal, and some you have to sustain a "serious" injury.  The definition of "serious" can also vary.  A hairline fracture may be considered serious in your state.  

    If you live in a No-Fault state, you may have PIP coverage.  You will have to file a claim against your own PIP coverage.  Your medicals and a percentage of your wages will be paid.  Your insurer will then subrogate against the other insurer for reimbursement.  

    If you do not have PIP, you will likely be paid for your medicals and lost wages.  If you are tort eligible and once you have stopped treating, the adjuster will evaluate your claim based on the nature and extent of your injury, treatment, disability and permanency, if any.  

    Not knowing how long you will treat, the length of your disability, what kind of injury you actually sustained, nobody can answer your question.


  2. they should pay for your car, medical, a rental car for you until your is fixed or the claim is settled, lost wages, and maybe some pain and suffering.  remember, insurance is there to place you back into the same situation you were in before the accident, no more no less.  i would suggest keeping in good contact with the adjuster and being very polite and nice to him/her.  many people get upset during the claims process especially when there were injuries, but dont loose your cool.  if you need medical bills paid now, you can always open a claim under your own insurance company to help with this.  they will pay and then subrogate back to the other parties insurance for repayment.  do NOT sign any waivers of your rights until you are fully healed and satisfied with the settlement.  if you have problems with the adjuster from their company, get your company involved asap, that's what you pay them for.

  3. I'm not sure what your question is, but your best source of information will be your own insurance agent, and you won't know what your total expenses are until your primary physician releases you.

  4. You can expect to get your medicals paid and lost wages reimbursed.

    Beyond that- if you are permenantly  injured.. as in.. will NEVER get better you may be entitled to further compensation.  But you said yourself you dont even know the results yet.

    We cant tell you anything until you know exactly what is wrong with you.  Id expect that if you get better and are a good person you will take medicals paid and lost wages paid and be happy.

  5. la428282 is correct. You can expect your car to get repaired or the Actual Cash Value for the car(what you would have been able to sell it for) if the car is totaled. Once all your injuries have been resolved or you at least sign a form saying they have, they will release a check for the medical payments and lost wages. As others have said, unless you have a permanent or chronic injury that affects your ability to work, don't expect much else.

    Get well soon!

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