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How do you calculate how much a personal injury claim from a car accident should be?

How do you calculate how much a personal injury claim from a car accident should be?

personal injury
Nisha T asked:


I was a passenger involved in an accident that was the other driver’s fault. My arm was broken in an awkward place and my doc says it may not heal. He’s ordered a bone growth stimulator to help the healing process but my care is far from being over. The doc also thinks I may have to go back to surgery in a year to remove the plates he put in. i’d be in a cast again for 6 weeks.

My bills are already over 15k and I’m wondering if I can just go for the other person’s limits so that I don’t go into debt.

I don’t want to settle too soon but if there is a max that I can get anyway I would prefer to get this over with.

Also, if my claim is higher than the other person’s limits would the underinsured coverage from the driver of the vehicle I was in pay up to her limit?

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Comments

  1. bryan k says:

    that is why you hire a personal injury lawyer

  2. litl_green_monster says:

    “Also, if my claim is higher than the other person’s limits would the underinsured coverage from the driver of the vehicle I was in pay up to her limit?”

    Answer is YES.

  3. dodge man says:

    you need a lawyer for this,they will be able to figure your loss,and also allow for future losses as well,plus all medical expenses occurred while off from work,never try and handle something like this on your own,the insurance companies have lawyers working for them,and so should you,i wouldn’t attempt to try and figure loss on any accident,let a good lawyer handle it,good luck with it hope this helps.

  4. bundysmom says:

    First, if there was a magic formula to calculate someone’s injury settlement 1) I would not have a job and 2) it would make my life easier.

    You can always ask for the policy limits, but they won’t be released to you without 1) a signed release and 2) medical documentation showing the VALUE of your claim is at or above policy limits. If the limits are not enough to cover your damages…this is where it gets tricky…..it depends on 1) if your friend carries UIM coverage, 2) if you have an auto policy and 3) what the wording is on your friends policy & your policy.

    If your friend carries UIM coverage and the wording states UIM coverage is EXCESS to that of the injured parties insurance policy…then you have to go thru your auto policy first. IF the wording says PRO RATA, then your friend will only pay their share on a PRO RATA basis in conjunction with your auto policy. If you don’t have an auto policy, none of this applies.

    Now, do you live in a state like CA where the UIM limits of your friends policy must be HIGHER than the Bi limits of the adverse in order for a UIM claim to exist? If the limits are lower than the BI limits of the adverse…there’s no claim. TheUIM limits must be HIGHER than the BI limits in order for there to be a UIM claim.

    The key thing to remember is this: so long as the VALUE of your claim meets or exceeds the limits of the policy the limits should be tendered. If the VALUE does not meet or exceed the policy limits, they will not be tendered. Let’s assume the limits are release….any UIM award is offset by the BI limits. So if the value of the claim is $100K, the UIM limit is $100, the BI limit is $50…there’s only $50K possibly available to you. If your friend has Med Pay coverage, this will also offset your awad. So same example, but Med Pay coverage is $10K….now there’s only $40K max you may receive.

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