Auto accident: How much to ask from the insurance company?

Question

The other driver in this accident was completely at fault for causing the accident. I was not wearing my seatbelt, and I suffered a 3" laceration to my forehead, which required stitches, and will scar. No other injury at all

Medical bills were $1500. How much should I settle the injury claim for, factoring in the permanent scarring and pain/suffering?

Answer 1

Good answers from all the other respondents - whatever the degree of your fault as predetermined by your state laws, if you can prove that it was the other driver's fault, then you're in a position to recover reasonable damages. So if there is permanent scarring, you should perhaps consider a personal injury lawyer - they work for a contingency fee, generally 33% of whatever the settlement is, so obviously if your case has merit, they will work aggressively on your behalf (and theirs) to recover the maximum amount they can. The links below point to some articles in the LegalMatch Law Library about auto accidents, your rights and hiring a lawyer. Good luck, and buckle up!

Answer 2

You MAY get a couple thousand if that much. But, they may look at how you didn't wear a seatbelt and not get anything extra since your injury could have been prevented by wearing it. Your best bet is to talk to a lawyer.

Answer 3

You do not state where this loss occurred, and when.  If you live in a state where "scarring" is a tort threshold requirement, you will need to prove that the scar will be permanent and disfiguring.  Do you really know that the laceration will result in scarring?  Can plastic surgery help?    The insurance company will probably not make any offer for at least 12 months.  This will allow the so-called scar time to mature.  

Scarring claims are difficult to evaluate.  Honestly, if you are a face model, you will get more than a less attractive person.  I usually poll the other adjusters when the case is ready to settle for opinions on case value.  It is strange how wide the settlement range can be even with experienced adjusters.  

You cannot recover more than the policy limits of the at fault driver.  Also, if your state enforces the 'seat-belt' defense, your settlement may be reduced by your percentage of negligence.

Answer 4

Unfortunately, you are partly at fault for your injury because it would have been prevented by the use of the seatbelt.

If the other partly truly was 100% at fault (not so in this case), you would typically get your medical bills paid and an equal amount for pain/suffering and future medical expenses - a total of $3000 in this case.

However, because you have some liability for your injury, you will do well to get $3000.

Best wishes and good luck.

Answer 5

Depends on where the scar is to determine an exact value on the claim.  if it is at the hairline and is covered by hair, it is not worth as much as a scar that is in a more visible part of your face.  As it is not a large scar, there is less of a change of severe permancy (unless it is in a very noticible part of your face) and the claim would run up to $3,000.00 max as the lack of seatbelt is part of the reason that you have a scar in the 1st place.  Buckle up.

Answer 6

there not gonna give u that much..like the other guy said 2k more than medical bills

Answer 7

In most cases you don't need to ask, they will make an offer once they have your medical bills & records, photos and a report from a plastic surgeon regarding possible scarring and scar revision surgery.

Scarring on people's faces can be worth some money depending an the age and gender (young girls get the most $). The big problem you have is the seat belts. As I'm sure you learned, not wearing one is not a good move. No matter the excuse you use, they save lives and scars.

In most states, somebody who is injured in any way that could have been avoided with a seatbelt, is considered to be partially at-fault for their injuries. Some states put an automatic percentage on this others don't.

If I was the adjuster handling your case, I would argue that your negligence in not wearing the belt would mean a huge reduction in what you got paid.  

If the accident just recently happened it is too early to settle until the healing process is done and the need for any scar revision is addressed.