Looking for advice on dealing with accident with driver who fell asleep.?

Question

My 12 year old son and I were rearended at a stoplight by a driver that fell asleep. He rammed us into the car in front of us. My car was brand new and hadn't even made first payment. It is totaled. We both went to the emergency room, him with a knot on the forehead and me with sprained neck. What should I expect to be offered for my son and I? Do I need to see an attorney? Their driver was truly negligent in that he fell asleep at the wheel and hit us at about 40 mph.

Answer 1

Well done, la428282.

I agree 100% and couldn't have said it any better.

Answer 2

Yes you need an attorney yesterday.  The other insurance company will offer you the least they can.  Check with your insurance company as well.  They may offer you an attorney but I think you need  of your own as well  to look after YOUR interests. Your insurance company lawyer will be looking out for the  his companies interests primary. Good luck I hope you and your son recover soon.

Answer 3

You don't need an attorney, and we also need to know where this loss occurred.  Just because you may have been injured does not mean that you are entitled to monetary compensation.  

The threshold eligibility requirements vary from state to state.  Some are monetary, some are verbal and others the party needs to sustain a "serious" injury.  The definition of serious also varies.  

If you live in a No-Fault state, you may have PIP coverage.  You will need to file a claim against your own policy to pay for the medicals.  Your insurance company will then subrogate against the other carrier to recover what was paid out to you.

If you live in a state where there is a verbal threshold, the claims adjuster will evaluate your claims based on the nature and extent of your injury, disability(total/partial) and treatment.  Your medicals will be included in the settlement if they remain outstanding.  No settlement will be considered until you have both stopped treating.  If the one treatment is all you expect, you may be offered a small amount beyond the meds.

Contact the other carrier, and let them know that you were injured.  The adjuster will explain the claims process to you.

Answer 4

I never understood why people run to an attorney- how do you even know that you wont be treated fairly?  Why would you give away 1/3 of your settlement for nothing?

Why dont you call his carrier.. file a claim.. and see if you feel comfortable doing it on your own?

An attorney wont even touch your property damage-  they are going to pay you actual cash value of your vehicle no matter what.  Remember the second you left that dealership your vehicle lost tons of value- be prepared for that.. nothing will change that (attorney or not.. but again- attorneys wont touch property damage.)

As far as your injury- sounds like you both have soft tissue non permanent injuries.  As long as your a good person and not expecting to win the lottery and being reasonable- the adjuster will be the same.  Alot of people who are good people normally have an accident and all they see is dollar signs.  You have to remember.. Huge 10k settlement are for people whos lives are never going to be the same- there face is disfigured, they are wheelchair bound.. etc.  Sounds like you got a little bump on the forehead and some whiplash... please.. be reasonable.. have them pay your medical bills.. and maybe 500 extra each for "pain and suffering" as long as you both feel better in a week.

Again- give yourself some credit here.. you seem like an intelligent person. Why run to an attorney and just give away money before you even know how you will be treated?   Those people who say "get an attorney YESTERDAY!"  have either seen way too many lawyer commercials and are brainwashed sheep or they just arent too smart.