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rjas77
05-10-2010, 09:18 PM
So..My boy was in an accident where the other was cited for an illegal turn and no insurance, so my boy was not at fualt.

He recieved minoir burns on his hands when the airbag deployed and a fairly big bruise accross his chest due to the seat belt.

We had him checked out at the Dr. and aside from the burns and bruise, no other injuries were seen and has since made a full recovery almost two weeks since the accident.

Thankfully, we had ininsured protection so we're entitled to damages according to the policy.

The insurance adjuster will be out this Wedneday to make an offer for the injury settlement.

I'm not looking for a large settlement, but he was injured and he was shaken up (the car was totalled), but I also don't want to be taken advantage of either?

So what do you think would be a fair settlement?

Any input would be helpful

BSR
05-10-2010, 09:25 PM
I'd contact a lawyer. Asking for advice on the inter tubes is always a bad idea.

rjas77
05-10-2010, 09:30 PM
A lawyer? I really don't want to get one involved, but if it's a good idea, then so be it.

And why is asking on a message board a bad idea?

PoliCon
05-10-2010, 09:31 PM
Because jackasses like BSR will give you answers!! :D ;)

lacarnut
05-10-2010, 09:34 PM
So..My boy was in an accident where the other was cited for an illegal turn and no insurance, so my boy was not at fualt.

He recieved minoir burns on his hands when the airbag deployed and a fairly big bruise accross his chest due to the seat belt.

We had him checked out at the Dr. and aside from the burns and bruise, no other injuries were seen and has since made a full recovery almost two weeks since the accident.

Thankfully, we had ininsured protection so we're entitled to damages according to the policy.

The insurance adjuster will be out this Wedneday to make an offer for the injury settlement.

I'm not looking for a large settlement, but he was injured and he was shaken up (the car was totalled), but I also don't want to be taken advantage of either?

So what do you think would be a fair settlement?

Any input would be helpful

You might want to hold up on the injury settlement. Sometimes an injury that seems ok this week will reoccur. You can always tell them that you will think about it. Insurance companies have programed into their computers how much each type of injury will be compensated for. Getting advise from a lawyer ok. Hiring one for this small injury is not. Remember, these suckers will promise you the moon.

malloc
05-10-2010, 09:35 PM
I'm not a lawyer and your best bet would be to talk to one, and not some random jerk on the internet like me. :D

However, I was in a similar situation, but the laws vary from state to state. In my state, AZ, you can only go after actual provable damages in court. Punitive or pain and suffering type things are decided by the court, not sought by the plaintiff. At least in the lower courts (Justice Court) in AZ, I've never been involved with a Superior Court case.

Since my insurance paid the fair market value of my totaled car (basically KBB value), which payed it off, covered all my actual medical bills, paid for my rental, etc., I had no other actual damages to pursue. I do believe since my insurance company covered damages the other driver should have been responsible for, the insurance company at that point retains the right to go after the uninsured driver. If I had reason to believe there were additional actual damages done that my insurance didn't compensate me for, I could have sued the other driver directly, provided I could ever find the illegal alien again.

This is just my story, it might not be any where close to how your state handles this.

EDIT: Wow, I read the OP all wrong and this post doesn't make any sense. It's not even close to beer o'clock yet and I'm becoming illiterate already.

patriot45
05-10-2010, 09:36 PM
So..My boy was in an accident where the other was cited for an illegal turn and no insurance, so my boy was not at fualt.

He recieved minoir burns on his hands when the airbag deployed and a fairly big bruise accross his chest due to the seat belt.

We had him checked out at the Dr. and aside from the burns and bruise, no other injuries were seen and has since made a full recovery almost two weeks since the accident.

Thankfully, we had ininsured protection so we're entitled to damages according to the policy.

The insurance adjuster will be out this Wedneday to make an offer for the injury settlement.

I'm not looking for a large settlement, but he was injured and he was shaken up (the car was totalled), but I also don't want to be taken advantage of either?

So what do you think would be a fair settlement?

Any input would be helpful


I had the same thing happen 30 yrs ago! There was no air bags tho. No one was actually hurt and it was over . It was icy out and it couldn't be avoided, Who should pay and how much? I think our premiums should go up for these little bumps, don't you!:rolleyes:

PoliCon
05-10-2010, 09:40 PM
one piece of advice: DON'T SIGN ANYTHING!!! They will pressure you to sign. Don't sign until you've at least discussed things with someone who knows what they are talking about.

rjas77
05-10-2010, 09:46 PM
Yeah..I won't sign anything on the spot, but I would like to have a little background knowledge before the official offer on what I can expect and what is actually fair..

Jumpy
05-10-2010, 09:57 PM
I had the same thing happen 30 yrs ago! There was no air bags tho. No one was actually hurt and it was over . It was icy out and it couldn't be avoided, Who should pay and how much? I think our premiums should go up for these little bumps, don't you!:rolleyes:

Im with you on this... IMO, a fair settlement would be compensation for any loss of work, and obviously any medical fees. Other then that, it was an accident and accidents happen.

BSR
05-10-2010, 09:58 PM
Because jackasses like BSR will give you answers!! :D ;)
Bingo....


hey, wait a second... :mad:

patriot45
05-10-2010, 10:07 PM
Im with you on this... IMO, a fair settlement would be compensation for any loss of work, and obviously any medical fees. Other then that, it was an accident and accidents happen.

I guess that was where I was going with that. Common sense is gone and irrational compensation is the norm, If what happened to me 30 yrs ago happened today, I would have big bucks in the bank. Totally underserved but that is the way of the law.
BTW, what I got was my car fixed and that was that!

Speedy
05-10-2010, 10:48 PM
Just for the hell of it I contacted one of those Mesothelioma (sp?) lawyers on tv asking if anyone in my family had been injured by asbestos. They sent me a packet of paper work that I sent back and from what they found, my dad worked around that stuff for a lot of years. I have recieved checks from several different companies. The amounts have run the gamut from $1 to $40K and I still have a few more coming as I signed papers for them.

patriot45
05-10-2010, 10:54 PM
Just for the hell of it I contacted one of those Mesothelioma (sp?) lawyers on tv asking if anyone in my family had been injured by asbestos. They sent me a packet of paper work that I sent back and from what they found, my dad worked around that stuff for a lot of years. I have recieved checks from several different companies. The amounts have run the gamut from $1 to $40K and I still have a few more coming as I signed papers for them.

As BSR would say, no doubt you got something going on with anything brought up! This site is your proving grounds!

http://i73.photobucket.com/albums/i230/patriot45270/october/littlestory.jpg

Speedy
05-10-2010, 11:02 PM
As BSR would say, no doubt you got something going on with anything brought up! This site is your proving grounds!

My dad died of lung cancer. He went from good health to diagnosis to dead in 2 1/2 months. Was not pleasant.

NJCardFan
05-10-2010, 11:04 PM
So..My boy was in an accident where the other was cited for an illegal turn and no insurance, so my boy was not at fualt.

He recieved minoir burns on his hands when the airbag deployed and a fairly big bruise accross his chest due to the seat belt.

We had him checked out at the Dr. and aside from the burns and bruise, no other injuries were seen and has since made a full recovery almost two weeks since the accident.

Thankfully, we had ininsured protection so we're entitled to damages according to the policy.

The insurance adjuster will be out this Wedneday to make an offer for the injury settlement.

I'm not looking for a large settlement, but he was injured and he was shaken up (the car was totalled), but I also don't want to be taken advantage of either?

So what do you think would be a fair settlement?

Any input would be helpful

BOUNCY!!!!

Sorry. Knee jerk reaction.

Articulate_Ape
05-10-2010, 11:35 PM
Wait a minute.

a) Define boy. As in how old.

b) Burns from an airbag? As in rug burns or what?

c) If he isn't really hurt, why litigate unless you are part of the problem in this country?

Rockntractor
05-10-2010, 11:39 PM
As BSR would say, no doubt you got something going on with anything brought up! This site is your proving grounds!

http://i73.photobucket.com/albums/i230/patriot45270/october/littlestory.jpg

I just noticed, mom is kind of hot. I would do her!

Articulate_Ape
05-10-2010, 11:56 PM
I just noticed, mom is kind of hot. I would do her!

You'd do a peccary at full scurry, so what are you saying?

lacarnut
05-11-2010, 12:17 AM
Wait a minute.

a) Define boy. As in how old.

b) Burns from an airbag? As in rug burns or what?

c) If he isn't really hurt, why litigate unless you are part of the problem in this country?

Good advise. Wait a couple of weeks to see if the kid is ok and take what the insurance co. offers. This miniscule injury is not worthy of a Perry Mason trial/settlement. If you piss off the insurance co, they may cancel and then he would have to find another co. that would include the kid on the policy.

rjas77
05-11-2010, 12:41 AM
Wait a minute.

a) Define boy. As in how old.

16 years


b) Burns from an airbag? As in rug burns or what?

Yeah...From the airbags. When I arrived and was gathering all the personals inside the cab before the car was towed, I noticed a smell kind like firecrackers and the inside of the cab was all dusty. But seriously, the back of both hands had flash burns.


c) If he isn't really hurt, why litigate unless you are part of the problem in this country?

I didn't initiate it..I was suprised when the adjuster mentioned that he was entitled to a personal injury claim.

Rockntractor
05-11-2010, 12:47 AM
I'm an expert on this stuff, I listen to Handle on the law. If there is no permanent injury, accept their settlement and put it in the bank towards your sons education or first home.

malloc
05-11-2010, 05:14 AM
Wait a minute.

a) Define boy. As in how old.

You know, the Brady Campaign likes to include young males between the ages of 21 and 28 who commit suicide into their 'children victims of gun violence' category, so who knows what passes for a man these days. You have to decide if your 'boy' is a man. If he was driving with your consent, then I guess that makes him responsible enough to accept the risks of such action as a man.



b) Burns from an airbag? As in rug burns or what?


I have been in exactly one accident involving an airbag, and I ended up with what resembled baseball strawberries on the inside of my wrists, and what resembled light carpet burn on the inside of my forearms, neck and jaw. I never considered these as permanently disabling, or even serious and insurmountable injuries. I played little league and football as a boy, I even played my fare share of USMC adaptations of these games, which is much more physical and less forgiving. I don't consider carpet burn, a charlie horse, or a sprain or a strain an injury worthy of lawsuit. If I needed reconstructive facial surgery, a blood transfusion, skin graft, or steel pins, then I would consider the problem as prolonged. If the injuries are superficial, painful, but not life threatening or altering, then just move on. Shit happens, and it happens to everyone. Get past it.



c) If he isn't really hurt, why litigate unless you are part of the problem in this country?

I believe the OP was trying to figure out if he/she should litigate, which is why the question was raised. There are legitimate reasons for litigation. I think the OP was trying to find out if he/she has a legitimate reason for litigation.

BTW, OP, you probably don't want to litigate. Then again, just don't take my word for it.

Sonnabend
05-11-2010, 05:43 AM
Why litigate at all?

Get the car repaired. and leave it at that. So he got a few small "burns" from the airbag..it did what it was supposed to do, and he's alive, and virtually unscathed.

Why complicate matters?

Odysseus
05-11-2010, 06:22 AM
Wait a minute.

a) Define boy. As in how old.

b) Burns from an airbag? As in rug burns or what?

c) If he isn't really hurt, why litigate unless you are part of the problem in this country?

Airbags are deployed by a chemical explosive which can burn skin in close proximity. It's a legitmate claim. (BTW, that's why I don't like airbags. If I wanted a bomb in my car, I'd testify against the mob like everybody else).

I hate to say it, but you really should contact a lawyer. Also, is the other driver going to end up paying for anything? At the very least, he ought to have had his car impounded for not having insurance.

Gingersnap
05-11-2010, 09:55 AM
The purpose of litigation would be to make your kid "whole" or to compensate him if that wasn't possible. If he's just got a few bruises and friction burns and he's shaken up a little, where's the real harm? I'd pay more attention to car at this point.

As others have said, accidents do happen (even to uninsured people). ;)

Rebel Yell
05-11-2010, 10:27 AM
Do you have enough uninsured motorist coverage to pay for the medical bills? If you do, and your son doesn't miss any work, then I'd leave it at that. I might would go after the driver for my deductible back, but even that wouldn't be worth court costs.

Milly
05-11-2010, 10:46 AM
Something similar happened to us 40+ years ago: uninsured driver ran a stop sign and t-boned us. The car was totaled and Mr. Milly had injuries that took several years to correct.

I don't know if it's true of all insurance companies (or ANY, these days) but our insurance company lawyers acted in our behalf against the uninsured guy. You might ask them if they still do this.

But the best advice so far is "Don't sign anything!" Some of Mr. Milly's injuries didn't even show up for several weeks. :mad:

Rebel Yell
05-11-2010, 10:50 AM
Something similar happened to us 40+ years ago: uninsured driver ran a stop sign and t-boned us. The car was totaled and Mr. Milly had injuries that took several years to correct.

I don't know if it's true of all insurance companies (or ANY, these days) but our insurance company lawyers acted in our behalf against the uninsured guy. You might ask them if they still do this.

But the best advice so far is "Don't sign anything!" Some of Mr. Milly's injuries didn't even show up for several weeks. :mad:

The insurance company will pay your damages, up to your uninsured motorist limits, then will sue the liable party to recoup their money and your deductible.

rjas77
05-11-2010, 11:23 AM
People...I never inquired about the personal injury claim, nor did I pursue one..the insurance company is..in fact I was surprised to find out that he was entitled to one? It is the insurance company that seems to be making a big deal about it which tells me that it is in their best interest to settle. They are the ones litigating this..not me

and for those who don't think the burns are no big deal...while other than little patches of brown spots remain they did blister.

And yeah..He's quickly becoming a man, but will still be my boy...What can I say? :o

rjas77
05-11-2010, 11:25 AM
The insurance company will pay your damages, up to your uninsured motorist limits, then will sue the liable party to recoup their money and your deductible.

You would think, but three years ago, our car was slammed into while parked in the drive wayand the insurance comapny did not seek damages from the guilty party and we were out our deductible.

Milly
05-11-2010, 11:26 AM
The insurance company will pay your damages, up to your uninsured motorist limits, then will sue the liable party to recoup their money and your deductible.

Our insurance company advised us not to even TALK to the other driver, under any circumstances. We just let the insurance company take care of everything and advised any callers to call our insurance company lawyers.

That was really good advice, too, since the other driver was part of a sub-culture that informs its members how to get around the law on a variety of subjects, including this one. The problem with being honest is that you expect the other guy to be honest, too, and in our case it just wasn't so.

Speedy
05-11-2010, 11:31 AM
The problem with being honest is that you expect the other guy to be honest, too, and in our case it just wasn't so.

As my late father always said, "Expect the worst out of everybody and you will never be disappointed." Sound advice.

Rebel Yell
05-11-2010, 11:37 AM
You would think, but three years ago, our car was slammed into while parked in the drive wayand the insurance comapny did not seek damages from the guilty party and we were out our deductible.

If they know the guilty party has no means of paying it back, they just won't waste attorney fees on a case they can't collect on. Insurance companies don't have cheap lawyers. That is how insurance companies get ripped off on a daily basis. It's cheaper to settle.

rjas77
05-11-2010, 11:41 AM
If they know the guilty party has no means of paying it back, they just won't waste attorney fees on a case they can't collect on. Insurance companies don't have cheap lawyers. That is how insurance companies get ripped off on a daily basis. It's cheaper to settle.

Yes it I figured it would have been cheaper for them not to pursue, but I was still out the deductible nevertheless.

Milly
05-11-2010, 11:44 AM
As my late father always said, "Expect the worst out of everybody and you will never be disappointed." Sound advice.

It is sound advice, but I hate having to go through life with that mind-set.

I'd rather figure everybody has their own self-interest at heart. At least I can relate to that.

Zafod
05-11-2010, 01:33 PM
I'd contact a lawyer. Asking for advice on the inter tubes is always a bad idea.

being an adjuster by trade i can tell you that getting a attrny is not a good idea unless you plan on suing for bad faith....

Zafod
05-11-2010, 01:43 PM
The rule of thumb for years was a BI claim was 2 times the med bills. Thats not the case anymore but its a good start.

I would see what they offer and tell them to do better if it feels low. All BI adjusters have to set a range. Keep up the pushback and see how far up they will go before drawing a line in the sand.

noonwitch
05-11-2010, 01:43 PM
I'd want the medical bills covered and any car repairs needed to also be covered-if insurance covers that, then the person who is at fault should cover the deductable.


I had a fall at work, and I will be out $2000 because I filled out the incident report too soon. Three months after the fall, long after the broken elbow healed, I had to have a tooth removed, because the root had been damaged in the fall. I had not noticed the bruise on my forehead when I filled out the incident report, and because of that, I have to go with the Delta dental plan, which only covers half of bridges, implants, etc.

Zafod
05-11-2010, 01:44 PM
if you have 2k in med bills then you should get a BI offer of 6k and I wouldnt settle for less than 5k in that situation.

Rebel Yell
05-11-2010, 02:32 PM
Yes it I figured it would have been cheaper for them not to pursue, but I was still out the deductible nevertheless.

At least you had UM coverage. You'd be suprised at the idiots that walk out of here with just liability, even after I explain why they need UM (for about $8 more a month). I told the new girl here, everybody that walks through that door is either a liar or an idiot, usually both.