My wife was in a bad auto wreck this morning, shes ok, concussion, sprained shoulder, bruises, seat belt burn, burn on her face from airbag etc. The man that hit her was charged for 3 offenses, was said to be at fault for the wreck according to the police report. Our car is totaled, but we've only paid a few payments on it (we just got it) and we have gap insurance, but we are worried we lost out on the 1000.00 we put down on the car, and will only get compensated for the vehicle, not anything else for a new car. We have called a lawyer and will be meeting with him soon. Alot of friends and family are telling us how they got thousands of dollars in settlements etc etc....should we expect this? How much compensation should we expect? Id like to think we can get some extra change. But im not sure. Her car is unrepairable btw.
Not in law, but it varies from state to state a bit - your lawyer will be the best guy to ask. Personally, when my wife and I were hit (100% the other drivers fault) all that we got offered was the blue book value of our car, which is of course never as good as what you have. It basically means that the insurance company simply checks for cars of your same make, year and general mileage, see what it sells for and give you a check for that amount - if the car is a piece of crap sold at Joe Blow's Auto they aren't to particular. However you will probably be in much better position with gap coverage (well done on that). I would recommend that if you had any extra bills (like the down payment) aside from the regular payments that you try to get receipts from the dealership (or vendors if you had custom parts). A friend of mine totaled his car, but after he produced proof of custom installed extras he managed to get more cash than the blue book value. Good luck man, this is not a fun situation even when everyone is ok afterward. Glad to hear your lady had only some minor injuries and nothing big.
Meeting with a lawyer tomorrow. Wife was up puking last night with bad headaches (concussion symptoms)
As a PI lawyer in California, I can tell you some general stuff (not a lawyer in your state, not your lawyer, you're not my client, yada yada yada). Don't worry about the lawyer just yet. The lawyer will always be there. Worry about your wife's condition first. I am assuming you've gone to the ER/hospital/urgent care/MD already. Xrays and other diagnostic imaging is good,not just for settlement purposes, but to discover any injuries on your wife. As for the car, I really don't know what the law is in your state, but in California if you have comprehensive coverage you deal with your own insurance (if the limits are enough) and they subrogate with the other party's insurance (i.e. go get it back). If not, you can (or your attorney can) deal with the other insurance. If liability is quite clear, they'll handle the property damage claim before the bodily injury claim. Generally they should pay you the pre-damage value. What that actually is, is up for debate (it's not purchase price minus payments made unfortunately) but it should be enough perhaps to buy you a similar vehicle. But then you have to pay off your loan (buyoff amount). So your attorney can work with you on that. Nobody, not even your lawyer (if he/she is a good lawyer) will tell you how much you will get. That is impossible to say because every case turns out different. I will say that for myself, in cases where injuries are much less than your wifes (soft tissue injuries, some back injuries) awards range from $6-7k for really minor injuries. This is on the super low end. What the client nets is whatever is left after lawyer gets paid (of course) and medical bills are paid. Keep in mind medical bills can always be negotiated down. Always. 40-50% even. Your lawyer will find out what the driver's limits are. And if that's not enough, they'll find out what assets the driver may have. I know this sounds like a money grubbing tactic (ambulance chasing) but you're wife is suffering. You can take the stance that she should just have her bills paid for, or the stance that she is suffering like crazy and should be compensated for it. I just say, it isn't me awarding the client that money. It will be 12 regular people who do. If there is a suitable insurance policy, your wife should get more than a "few thousand" judging by her injuries. But I tell my clients, worry about your health, before worrying about the case. Most important is getting healthy, and then having the bills paid.
I hope your wife fully recovers. Make sure you call the law offices of Michael A. Demayo. I'm sure you've seen the commercials and probably even laughed at them like myself, but he's suppose to specialize in cases like this.
Yeah I called them, they were pretty cold and I felt like just a number to them. We went with Campbell and Associates, they are rockstars so far.......helping us and taking care of EVERYTHING. so we are excited.
