Advice about my car accident with the other driver is at fault.

Question

Okay first off i am not trying to sound like i want something for nothing because i do not. I was in an accident where the other driver was at fault and it was a commercial vehicle. They have progressive insurance and this is what happen...

I was on the interstate and she hit me on my driver front panel of my car and slammed me into the concrete barrier that is up for construction. My car is getting repaired by progressive and it will cost 6,500. They have already gotten me a rental in the mean time but the rental is a gas hog and that is all they had. I am used to 16-18 MPG and i am having to drive one that has 9-10 MPG this is killing me in gas since i work in a different city than i live. I also have a mild concussion and swollen muscles in my neck but other than that i am physically okay. I guess i want to know how much i should settle for or what they usually will give someone for inconvenience because i have never had an accident and do not want to be taken advantage of or take advantage of the situation myself.

Answer 1

They don't owe you for gas.  You took the rental even thought its a gas guzzler.   you  could have gone to a different location or waitied for the rental company to get another vehicle in.  If it's Enterprise, they do this all the time.  You can also switch out the rental once a more economical vehilce came in.  This would have probably been the very next day.

An insurance company does not ow for inconvenience, they owe you for  damages.  

Answer 2

My suggestion is trying to get as much resource as you can before making final decision,here is a good one.http://car-insurance.easyideas4u.info/ca...

Answer 3

Its very easy for honest and normally good people to see way too many lawyer commercials or hear about ridiculous "friend of a friend of a friend's" who got huge settlements and  get greedy. I applaud you for only wanting what you are owed.

Soft tissue injurys and minor injuries such as yours get reasonable medical bills and lost wages paid.. plus maybe 500 dollars.  

Please know you will have alot of uneducated people on here tell you different (again- theyve seen tons of lawyer commercials and have never been in the situation themselves) so take their answers with a grain of salt.  Ive seen silly things on here like "take atleast 3 times your medicals" and quite honestly.. it makes adjusters laugh to see stuff like that. I dont know where people get it!

Of course some people deserve huge settlements. The other day I had a claim where a young boy was ran over and killed and dragged by a drunk driver- his family deserves every penny they can get.   If your injury turned out to be permenant- you would be owed a larger settlement too- but it sounds like youll be fine.

But money cant take away the inconvenience of an accident and alot of people try to validate their own greediness by saying they were inconvenienced. If i had sore muscles and i got better and knew i was fine- id be darn happy with an extra 500 in my pocket- who wouldnt want that!

Just make sure you better... expect a few hundred bucks over medicals, and be a good person and settle

Answer 4

The company will usually not consider any of the inconvenience you described about the car rental or repair in an injury claim. they are 2 separate issues. If the rental is a gas hog, tell the rental company to call you when they get a better car in and you can swap. The company will not reimburse your gasoline expenses, or even consider it their problem if decided to stay in a car with bad gas mileage when something else could be arranged. There is usually more than 1 rental location in most cities, so they swap cars all the time.

As far as the injury settlement, yes it usually depends on whether or not you have sought any treatment and what the amount of medical bills are, but if you have legitimate complaints, which you likely do, by the amount of damage to your car, the claims adjuster has discretion to offer you a what is called a cash out settlement, to resolve your claim regardless of any incurred medical expenses.   This amount varies, depending on the amount of damage to the vehicle, how the accident occurred, what type of injuries you received, etc. The basic range can be anywhere from 250-1500, depending on the circumstances.  They can also offer what is called an open settlement, which gives you so much money in your pocket and a little bit in the future set aside to be paid to you for medical bills if you chose to follow up with a doctor and submit the bills. They usually give you a limited time fram to submit the bills, like 6 mos. Not sure if Progressive has that option.

No one thinks that you're greedy. Your situation is a valid one and people go through this all the time and never know what to do.  There is no harm in asking as it doesn't look like you were looking to run to an attorney or take advantage of the company.  You are entitled to a fair settlement for your injuries. You just have to come to an understanding with the company as to what is fair and agreeable to both of you to get things resolved.

Glad to see that you are doing okay after your accident. They are not fun.  Good Luck! ~J~