Is there a formula for settlements in at-fault accidents? (Florida) not greedy , just want what's fair?

Question

it shouldnt matter, but the father of the girl who hit me is a multi-millionaire. there's got to be a reason why he's so adamant about settling with me. my estimate for damages is $1500, and I have a pre-existing back injury which concerns me.

Answer 1

Well, no.

And Florida is a No Fault state - people aren't required to carry liability coverage, because everyone has to go through their own policy.  

If he's paying you for the damage to your car, great.   But he doesn't have to - and likely won't - pay for your back, or any bodily injuries.  You have to file under your own PIP coverage for that.  That's the law, in Florida.

Answer 2

If I am not mistaking, Florida is a no-fault state, but I am not sure. Anyway, for here in Utah, this is what I use.

damages to car

Damages to self (time off of work+doctor's bills+medication)

Rental Car while car is being fixed.

If you don't know how much the doctors bill are going to add up to, then talk with the Doctor. If the guy is a multi millionaire, he is probably just wanting to get it over with an move on, not necessarily s***w you.

Get a quote for fixing your vehicle from 2 different places you trust. For time off work, make sure you include the time that you are taking to go to an from the Doctor, even if you do it on time that you would not normally be working. I will calculate it out based on missing 80 hours (2 weeks) at work at 15.00/ hour and another 80 hours over the next 6 months to go to an from Doctors.

Now we will play pretend with the numbers to give you an idea of what I mean

Damage to vehicle~ $2000

Time off work $ 2400

Travel to Doctors $ 500 (twice a week for 6 months approx)

Rental Car~ $ 175.00 (one week at 25/ day)

Doctor Bills~ $ 25,000 (just estimate on average claim)

Medication~ $150.00 (pain meds without insurance)

Do not include anything that you are getting paid elsewhere for. If you have insurance that is helping you pay the doctor bills and the medication, then anything over what you pay out of pocket needs to be returned to them, or else it is insurance fraud.

any other questions email me at [e-mail].. Hope that helps

Answer 3

There is no formula used in determing the value of your claim.  Rather, if you are tort elgible, an adjuster would evaluate your claim based on the nature and extent of your injury, disability, treatment and permanency.  

However, Florida is a No-Fault state which requires you to carry Personal Injury Protection coverage.  This coverage will reimburse you for your medicals and any lost wages(usually just a percentage of the gross) regardless of fault.  Hence, No-Fault.  

In order to pursue a claim for "pain and suffering" in FL, you need to meet a "Serious Injury" threshold.  The criteria of seriousness can be determined  in terms of a permanent disfigurement, scarring, or fractured bones or expressed in terms of length of disability (e.g. disability for more than 60 days).  



You did not provide us with enough injury info.  I assume that you sustained a soft tissue injury, and you have a pre-exisiting back injury which may factor in.  Most of the time, a soft tissue injury is not considered "serious" by definition.  However, an adjuster willl usually offer a "short money" settlement to avoid litigation.  

It sounds as if you are dealing with the at-fault driver directly.  I am sure his policy has adequate liability coverage.   You should really be filing against his policy, and you should also file a PIP claim under your own coverage.  

It terms of "fair"  we cannot answer that since the nature of your injury and disability is unknown.  If you and he insist on keeping insurance out of the equation, ask for your medicals to be reimbursed, and edit your post with additional info.