Recent Car accident, other driver's fault, please help!!!!?

Question

My fiance got into a car accident 2 days ago. The other person is at fault for the accident for turning left without yielding to my fiance. We only had liability, so the other guys insurance is taking care of the rental car, care repair, and my fiances chiropractor visits because she has back and neck pain. They are also going to fix the car. Should she ask for anything for pain and suffering? She is only going to miss about 10 hours of work so far and hasn't gotten the xray back from the chiro to see how long she is going to have to be going. I also had to miss work today to help with getting to and from appointments as well as fax over info to both insurances. The other guys has Allstate. Does anyone know what they policy is or has been through them in a similar situation? I have never been in this situation before so i don't know if she should ask for cash on top of medical bills being paid, car rental and car being fixed.... Please help

Update:

I live in Arizona... I doubt there is enough damage for an attorney to take the case....

lucy · Answer

Since the other drivers insurance is not disputing fault, you don't need a lawyer.  They have agreed to pay for the car damages and rental.

Your fiance will be owed an injury settlement which would include REIMBURSEMENT of medical bills, lost wages and "some" pain/suffering.

Lost wages can only be paid to your fiance, not you, since not involved in this accident.  Taking time off to help out, drive etc, is part of any claim and NOT payable.   Lost wages are paid, (IF) a doctor states unable to work due to this injury.  A day or 2 after accident would be accepted, but unless doctor states unable to work, most likely wont be considered.  They "might" consider the hours off for the appointment, But, they may not.

Back injuries and chiropractors don't have a lot of value.  My guess, UP TO 3 months is accepted, but anything more, they may not consider, since if so, should go to a specialist.

Any lawyer will take a minimum of 33% of YOUR fiances settlement.  You hire lawyers, when they dispute fault, or if they dispute your injuries.  It appears neither of this applies.

One last thing and any lawyer will know this.  Allstate uses Colussus, which is a computer software that they input your injury, diagnosis, bills etc and it "spews" out the "magic" number to settle on the injury.   I worked in a company that used that same software (different insurance company), and based on my past experience as a auto adjuster, Colussus is horrible and pays less than if they value with out the computer.  Any good lawyer out there will know that with Allstate.

Anonymous · Answer

Q. " Should she ask for anything for pain and suffering?"
 A. That would be strictly up to her.  Did she have pain and did she suffer?   How much pain?  How much suffering?  What does she think would be a fair "settlement" ?

Tip:  She doesn't need a lawyer for this.  Hiring one would automatically delay any settlement to years (2 years is about average) instead of days or weeks and the lawyer would end up with most of any settlement.  Besides, She didn't win the lottery.

Obi Wan Knievel · Answer

You need a lawyer for this, not a group of online strangers.

Whether or not you're entitled to compensation for a few hours of lost work is a matter of jurisdictional (state, provincial) legislation, and you didn't mention where this happened.  That means the best you can get in here is a few wild guesses, if that.

Blind guesses are fun, but they won't help you.

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Recent Car accident, other driver's fault, please help!!!!?

3 Answers