Car Accident Settlement Advice/Suggestions!?

Before I get into the story, believe me, coming to the internet to ask for opinions is ridiculous. That being said, I do like to garner some opinions from different perspectives to try and help me out.


In August of 2015 I was involved in a car accident in my three day brand new car. The other drive ran a stop sign and t boned me. He took fault, was cited and within 12 hours of the accident I went to the Emergency Room for back/neck/knee injuries. After that, I went from August to April of 2016, seeing physical therapy/doctor appointments, medical advice, MRI's and X Rays to fix the issue(I also sought out legal council in mid August as soon as I was aware of my medical injuries). I became medically cleared on April, and have been in a constant struggle against his insurance company.


To cut to the chase, the insurance company is using my previous history of injuries to say they are the primary cause of my injuries. They've offered a settlement of $2500 dollars (800 in my pocket when everyone is paid). The lawyer believes it is in my best interest to try and avoid court (but would support me if I went that route). Court of course would be expensive, with a lot of up front fees that I just couldn't paid (he said as much as a couple of grand either way).

I racked up a total of $19,000 in medical bills (none of which my medical company is wanting back), spent time on limited work, lost around 24 pounds (not being able to lift) and fought through some depressing times.


I'm just trying to get everyone's opinion before I go and make a decision. I'm not looking for some massive payout, but $2500 is the definition of insulting. Looking forward to hearing from everyone!

WarrENDeatH said:

Before I get into the story, believe me, coming to the internet to ask for opinions is ridiculous. That being said, I do like to garner some opinions from different perspectives to try and help me out.


In August of 2015 I was involved in a car accident in my three day brand new car. The other drive ran a stop sign and t boned me. He took fault, was cited and within 12 hours of the accident I went to the Emergency Room for back/neck/knee injuries. After that, I went from August to April of 2016, seeing physical therapy/doctor appointments, medical advice, MRI's and X Rays to fix the issue(I also sought out legal council in mid August as soon as I was aware of my medical injuries). I became medically cleared on April, and have been in a constant struggle against his insurance company.


To cut to the chase, the insurance company is using my previous history of injuries to say they are the primary cause of my injuries. They've offered a settlement of $2500 dollars (800 in my pocket when everyone is paid). The lawyer believes it is in my best interest to try and avoid court (but would support me if I went that route). Court of course would be expensive, with a lot of up front fees that I just couldn't paid (he said as much as a couple of grand either way).

I racked up a total of $19,000 in medical bills (none of which my medical company is wanting back), spent time on limited work, lost around 24 pounds (not being able to lift) and fought through some depressing times.


I'm just trying to get everyone's opinion before I go and make a decision. I'm not looking for some massive payout, but $2500 is the definition of insulting. Looking forward to hearing from everyone!

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Get a new lawyer and go to court

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For accident injury cases the min an upfront attorney will accept is 30% of your final claim. At this point you already signed a contract, they usually try and get you for 40-50% unless you already know the deal. Your time lost at work , if you can prove the documents, should be covered along with your medical expense. What your looking for is pain and suffering now. This was most likely your first offer. Tell the lawyer you do not accept it.. DO NOT go to court.. the insurance company will offer you 2 more out of court settlements before they take it to court.. deny the second offer as well.. the 3rd offer is the one you take, this will be pretty close to the statue of limitations time frame for your settlement.. sorry I had to type this fast.. but I've been down this road several times.

I must note, this has been my experience several times. Do what you are comfortable with.. in the lawyers eyes this is a best case and he wants it done asap. So he will tell you to.take the first offer cuz there is no big money in it for him and not worth his time to.drag it out and send the denial letter back.. but he will cuz he has to do what you say.. again do what your comfortable with.

I know nothng about this type of thing but 66250 sounds like he has good advice.

well the most important questions are, 1, does he have insurance 2, did you have uninsured motorist insurance 3, do you still need medical attention. the rule of thumb is triple your medical bill. so if your bill is 20k for example than your settlement should be 60k. 20k to pay the medical bills, 20k to lawyer and 20k to your for future medical costs

Definitely get another lawyers advice!! Contact 2-3-4 different lawyers. I've always shopped for lawyers for speeding tickets and 1 lawsuit from a bad accident. There's always 1 that's in with the judge(that applys for tickets), but for your case there will be a lawyer out there that'll work hard for ya but be ready to give him a 1/3 of your settlement.

You need another Attorney man. my wife and I just got done with a car accident case last year. It dragged on for four years, but I have never heard of ANY attorney wanting any money up front for a car accident case. Most of them have you sign a contract which states that they don't get paid unless you win the case, and only when you have won the case, does he collect 30% of the money the court awarded you.

It sounds like your lawyer really sucks, or that he isn't even an accident injury lawyer, or both. Find another lawyer. And BTW, insurance companies always try to claim that your injuries are due to a condition before the collision in question. That's the game they all play. They will go back 20 years into your medical history if they can. They will grill you in the deposition about your past medical history and past injuries, and your lawyer should be expecting that, and should be ready for that, and discuss the details with you concerning that.

Proof of New Injuries vs. Prior Injuries. You was healthy before the accident. Go to court.

Wow. A shocking amount of different answers. I honestly expected similar ones telling me to settle.


The previous history is as early as three months prior to the accident with similar injuries. He also said that he was going to fight the original offer because it was ridiculously too low (that much we agree on). The entire thing is incredibly depressing.

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Also, the lawyer fee I signed to was 33%, for information sake.

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Tall Deck said:

You need another Attorney man. my wife and I just got done with a car accident case last year. It dragged on for four years, but I have never heard of ANY attorney wanting any money up front for a car accident case. Most of them have you sign a contract which states that they don't get paid unless you win the case, and only when you have won the case, does he collect 30% of the money the court awarded you.

It sounds like your lawyer really sucks, or that he isn't even an accident injury lawyer, or both. Find another lawyer. And BTW, insurance companies always try to claim that your injuries are due to a condition before the collision in question. That's the game they all play. They will go back 20 years into your medical history if they can. They will grill you in the deposition about your past medical history and past injuries, and your lawyer should be expecting that, and should be ready for that, and discuss the details with you concerning that.

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Should be noted that the lawyer didn't ask for the money upfront. This was to pay the doctors who would be giving the deposition. We agreed to a 33% on the condition of winning.

WarrENDeatH said:

Wow. A shocking amount of different answers. I honestly expected similar ones telling me to settle.


The previous history is as early as three months prior to the accident with similar injuries. He also said that he was going to fight the original offer because it was ridiculously too low (that much we agree on). The entire thing is incredibly depressing.

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Not one person suggested to settle for $2500.
Reject 1st and 2n offer perhaps once you closer to 10k you may consider out of court settlement.

Are you in a position to prove and claim compensation for time lost at work?
What goes against you here is that you had similar injuries as early as three months prior to the accident. Are you a stunt car driver?

Dannie said:

Not one person suggested to settle for $2500.
Reject 1st and 2n offer perhaps once you closer to 10k you may consider out of court settlement.

Are you in a position to prove and claim compensation for time lost at work?
What goes against you here is that you had similar injuries as early as three months prior to the accident. Are you a stunt car driver?

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A written, detailed statement from my previous manager as well as HR.

And no, not a stunt car driver. Just passing on what I was told.

I cleared 40k on a cracked vertebrae in my neck- by the time I paid the attorney, court fees, medical fees that weren't covered I walked with 16k

they tried using a previous neck injury with me but shot themselves in the foot by doing so- the xrays taken a couple months earlier very clearly showed NO cracked vertebrae or loss of lordosis
whats my point? idk- every case is individual- I also retained one of the nastiest attorneys in the state because the other ins. company tried brushing off repairs to my car
which in turn made me fuckin furious - I was fine at the scene btw- following morning I couldn't move my head at all and went to a walk in clinic who xray-d my neck- freaked out, collared and back-boarded me and called an ambulance :/
I was still willing to not be a bitch but then they jerked me around on my car, gave me a horrible rental (a chevy hh2 for my bmw? srs?) and THEN the nerve damage in my arm started- which isn't severe but hurts like hell sometimes


so ya- every case is different- I don't lawyer up usually but most half my family is attorneys so Im comfortable with legal documents and court rules and procedures

Do your research on lawyers man. I lost out on 1800 in fees and potential settlement cause of my rush to get it done and didn't do my research. I'm sure ur already aware but be patient these things take time!

WarrENDeatH said:

....The previous history is as early as three months prior to the accident with similar injuries.

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Well then that's a whole different story right there^...I hate to tell you this, but that in itself makes it much more difficult for your attorney to get you any big dollar settlement. Because in any jury's eyes, it will be unclear at best how much physical damage you have to your body as a direct result of the car accident, since you've sustained "similar" injuries prior to the day of the accident. You had not originally made mention of that, (unless I missed it).

So in light of that, I would accept the settlement IF that's what your attorney is suggesting you do. Just remember that if you don't settle out of court, and this case goes to trial, you and your attorney are at the mercy of the jury, and if your case is weakened by a prior history of injuries that are very similar to your present injuries, and those prior injuries were only three months before the car accident, that won't look good in the minds of the jury.

Sheriv said:

I was fine at the scene btw- following morning I couldn't move my head at all

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Yep, it usually happens like that. I can relate. I totaled my car out one day, and had no broken bones, and felt fine, even the next day, so i went to work, ( I'm a mechanic) and as the week progressed, my condition became worse and worse. Three days later, I was out of work for a month.

WarrENDeatH said:

Should be noted that the lawyer didn't ask for the money upfront. This was to pay the doctors who would be giving the deposition. We agreed to a 33% on the condition of winning.

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I've never heard of that. In the two car accident cases I was involved with, the depostions were paid out of the settlement money AFTER the case was over with, but I suppose every attorney does things differently concerning that. After all, the doctors who agreed to do the depositions still have to get paid even if you lose the case. So I guess it's understandable you having to pay that up front.

WarrENDeatH said:

Before I get into the story, believe me, coming to the internet to ask for opinions is ridiculous. That being said, I do like to garner some opinions from different perspectives to try and help me out.


In August of 2015 I was involved in a car accident in my three day brand new car. The other drive ran a stop sign and t boned me. He took fault, was cited and within 12 hours of the accident I went to the Emergency Room for back/neck/knee injuries. After that, I went from August to April of 2016, seeing physical therapy/doctor appointments, medical advice, MRI's and X Rays to fix the issue(I also sought out legal council in mid August as soon as I was aware of my medical injuries). I became medically cleared on April, and have been in a constant struggle against his insurance company.


To cut to the chase, the insurance company is using my previous history of injuries to say they are the primary cause of my injuries. They've offered a settlement of $2500 dollars (800 in my pocket when everyone is paid). The lawyer believes it is in my best interest to try and avoid court (but would support me if I went that route). Court of course would be expensive, with a lot of up front fees that I just couldn't paid (he said as much as a couple of grand either way).

I racked up a total of $19,000 in medical bills (none of which my medical company is wanting back), spent time on limited work, lost around 24 pounds (not being able to lift) and fought through some depressing times.


I'm just trying to get everyone's opinion before I go and make a decision. I'm not looking for some massive payout, but $2500 is the definition of insulting. Looking forward to hearing from everyone!

Click to expand...

That offer is a HUGE joke... Are you completely 100% free of all side affects due to the accident? If you settle you will no longer be able to see doctors because of accident. It will be on your dime once you settle.

Your lawyer needs to play hardball. Got in accident june of 10 married in aug of 10. Sat infront of a fan the entire time, had bulged discs in my upper neck and vision blurred. It was ridiculous. I think my total pay out was 26K, 16k in pocket the rest went to lawyer. the 33% is a standard fee. Your lawyer needs to fight for you. If he wont fight for you then I would personally see if he will let you out of the contract and fine one who will fight for you.

I agree with fighting harder for more.

But one thing to keep in mind is that these sums you're looking at might seem big to you but are small to a lawyer or law firm, usually. You may think the 33% commission lines up their motivations right alongside your own but there's a major secondary factor: time and effort. This makes them more likely to push you to an early settlement. Even if the commission amount is much smaller it can look good on their balance sheet as a "churn" -- the number of cases they can move through in a given amount of time. They wrap up your case and move right on to others. That's their perspective as a business and it has no positive link with your own. This might all be self-evident but it wasn't for me when I first had it pointed out...

Another example is realtors -- whether they're selling your house or helping you find one. In both cases they have a large incentive to do things quickly, limiting their own time and effort, and keeping that churn up. For instance you could sell your house now after listing for 2 wks for $300,000, or wait 4 mos and wind up getting, say, $330,000. That's a giant difference for you, maybe $27,000 after fees and commissions, but only a small one (3% typically, so 0.03 * $30,000 = $900) for the realtor. See how that works? Studies show that realtors keep their OWN houses on the market a good 2x longer (or something like that) on average than they do for their clients... that's pretty revealing. Same issues apply for when looking for houses for you as a buyer, obviously... showing 5 houses in a week and pressuring you into picking one is far more attractive to them than showing 50 houses over a year's time. Their commission is unlikely to be any different in either case. They'll also recommend soft inspectors for the same reason -- they have a strong disincentive for you to find any problems. Always find your own inspectors... you're the one paying them.

Or maybe I'm just a cynical fuck, lol. Anyway, be careful about assuming the lawyer is 100% on your "side".

you have a shitty attorney.. not sure what you can do about it now,
anyway if I were me and I was ok now and didn't have to pay anyone
wouldn't want the extra stress and I would be done with it.
I negotiate for a living.. you never take the first offer

Sheriv said:

I cleared 40k on a cracked vertebrae in my neck- by the time I paid the attorney, court fees, medical fees that weren't covered I walked with 16k

they tried using a previous neck injury with me but shot themselves in the foot by doing so- the xrays taken a couple months earlier very clearly showed NO cracked vertebrae or loss of lordosis
whats my point? idk- every case is individual- I also retained one of the nastiest attorneys in the state because the other ins. company tried brushing off repairs to my car
which in turn made me fuckin furious - I was fine at the scene btw- following morning I couldn't move my head at all and went to a walk in clinic who xray-d my neck- freaked out, collared and back-boarded me and called an ambulance :/
I was still willing to not be a bitch but then they jerked me around on my car, gave me a horrible rental (a chevy hh2 for my bmw? srs?) and THEN the nerve damage in my arm started- which isn't severe but hurts like hell sometimes


so ya- every case is different- I don't lawyer up usually but most half my family is attorneys so Im comfortable with legal documents and court rules and procedures

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geezus sheri, you are the most injured and sick person I ever not met. I'm surprised your fingers still work to even type this out. I picture you rolling around like stephen hawking

Currently working on my response back to the lawyer. From what I've been told, the insurance company is only willing to cover the emergency visit. Working on a couple of things that I believe are in my favor. I never would have thought this entire process would have been such a HUGE pain in the ass.

My fiancée got about 4 grand (after everything was paid) for a strain in her neck and a month of physical therapy. So, this seems a bit outrageous to say the least.

WarrENDeatH said:

Currently working on my response back to the lawyer. From what I've been told, the insurance company is only willing to cover the emergency visit. Working on a couple of things that I believe are in my favor. I never would have thought this entire process would have been such a HUGE pain in the ass.

My fiancée got about 4 grand (after everything was paid) for a strain in her neck and a month of physical therapy. So, this seems a bit outrageous to say the least.

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Unfortunately, this isn't about right nor wrong. It's just about a chess match between your attorney and the defendent's attorney(defendent being the insurance company ofcourse). And because this case would be decided by a jury, should it go to court, I still think that a real big factor is the fact that you had similar injuries merely three months prior. You better believe that the insurance company lawyer knows full well that he can and will use that information to cast doubt in the minds of the jury about how much the car accident actually contributed to your present physical condition. And nobody can tell you how the jury will react to that info, nor what the jury will rule.

My girlfriend was hit head on by a drunk driver in my genesis. She sustained a wrist sprain and a torn teres minor and major. After all was said and done she walked away with 7200. No lawyer got involved. It took 5 months to get it setteled out though. And we knew we left a lot of money on the table but she was just tired of dealing with their shit. I have a personal friend who is a lawyer and he walked me through everything, basically they will low ball you for months on end and hope you call them trying to settle. But have patience and they will increase their offer. And always no matter what speak to a supervisor. The reps have very little power.

Chicken&broccoli said:

My girlfriend was hit head on by a drunk driver in my genesis. She sustained a wrist sprain and a torn teres minor and major. After all was said and done she walked away with 7200. No lawyer got involved. It took 5 months to get it setteled out though. And we knew we left a lot of money on the table but she was just tired of dealing with their shit. I have a personal friend who is a lawyer and he walked me through everything, basically they will low ball you for months on end and hope you call them trying to settle. But have patience and they will increase their offer. And always no matter what speak to a supervisor. The reps have very little power.

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Nice to have a lawyer as advisor, that's critical even if it was free for you.

I'd be seriously afraid of not having representation against a corporation. Cost is a bummer but 70% of $20,000 is still far better than 100% of $5,000.