A commercial semi-truck rear-ended us. What type of settlement is reasonable?
Topic: Case series article
July 17, 2019 / By Luanne Question:
We are at a complete stop when a commercial driver rear-ended us, causing our van to be totaled. I was driving, and am now experiencing pain and occasional numbness in my left arm, both shoulders, and back. Xrays show no injury to the bone structure. The doctors diagnose muscular tension and have prescribed muscle relaxers and anti-inflamitories.
My issue is - as a freelance musician and teacher, I have noticed increasing difficulty playing the violin for longer than 5 or 10 minutes at a time, which could negatively affect my teaching and performing.
What is a reasonable settlement amount to expect? They are offering $1500.
Best Answers: A commercial semi-truck rear-ended us. What type of settlement is reasonable?
Kay | 10 days ago
Do not accept a $1500 offer.
A commercial vehicle that rear ended you and totalled your vehicle as well as caused injury will be liable for a substantially larger amount than $1500.
I would recommend thinking in terms of how much you make a year, and how many years this will affect your earnings. I would also think in terms of how much it will cost to replace your vehicle, get it reinsured, registered, and so on. I would also think in terms of what personal property might have been lost in the totalled vehicle. I would also think in terms of the pain, injury, suffering, and trauma the other passengers in your van suffered. And finally, I would think in terms of how damaging it would be to the trucking company if you decided to go to the media and do a three-part series on irresponsible truck drivers, citing this wreck as the basis for the article.
And I would remain both calm and patient. The one who speaks first loses. You might even want to hire an attorney.
This is not a $1500 case. This has at least another, and possibly two zeroes attached to it.
👍 148 | 👎 10
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Originally Answered: I was in a car accident this morning i was rear ended?
NO Don't wait! If your hesitant on going to the ER then at least go to the Doctor..Im not saying your on the verge of death but Natasha Richardson the actress who died recently had the exact same symptoms you did when slipping and falling hitting the back of her head while skiing on a private mountain, she got up just fine complaining of a head ace the entire day the next day she woke up and was rushed to the ER, later that day she was pronounced dead. They called it a freak accident. Hope everything is well. I'm just informing you not alerting you, always think of the worst case scenario, when it comes to health its always your first priority, don't assume. Feel better
yes that's 82 million dollars. No offense but kind of getting tired of people asking what they should get. like it's owed to them.
are you owed something...yes. but reasonable. It makes no difference if it was a commercial vehicle or a bicycle. It is a soft tissue injury and that is all. i understand you are in pain and all but it will heal. an insurance company owes to put you back to preloss condition. they DO NOT OWE YOU FOR:
1. a new car.
2. 10-15 times your bills. rarely is it even 3 times these days
they owe reasonable. I'm not saying y ou were injured. You probably were. but only you can decide what is a good price for you.
Also an attorney will take 1/3 off of what you get straight from the top. this is before medical bills are paid. This is definitely a claim you can handle on your own.
Really you should stay away from advice from people who CLEARLY have absolutely no idea what the heck they're talking about.
MSAD and the other guy (V name) sorry couldn't remember it, are correct.
Good luck to you though
👍 50 | 👎 9
Your doctor diagnosed muscular tension.
I will assume you looked that up?
"Muscular tension often occurs in connection with stress and nervousness. A tense body posture at work (e.g. at the computer) and during long drives can also cause localized muscular tension. Additionally, inadequately trained back and neck muscles or an uncomfortable mattress can lead to pain in the musculoskeletal system."
Being a violin player, I would imagine you hold a pretty specific posture while playing. And your symptoms perfectly match someone with chronically bad posture, or holding the same posture for far too long/often.
The accident didn't cause your muscular tension. It's not a symptom you develop instantaneously. You've had this developing for a while, and you're just now directly noticing it, because of the accident.
What settlement should you expect? They didn't do anything to you. So, aside from your vehicle, why should you be entitled to anything?
👍 41 | 👎 8
it's going to depend on what state you were in during the accident, and their laws. Your age factors in, as well.
Muscle soreness is perfectly normal. Numbness is not - it could indicate that you have a different underlying health issue, most likely NOT caused by the accident. As you don't seem to have any real injuries by this accident, $1500 seems generous. You're not going to get more than that, I'd guess, without a MAJOR fight, and a thorough physical to figure out why you have the numbness. Most likey, it's NOT related to the accident.
It's impossible to give you a reasonable settlement idea, without knowing the no fault/tort laws of your state. You could ask YOUR insurance agent for an opinion, though.
👍 32 | 👎 7
No it's not reasonable to ask the other party's insurance company to pay for your vacation. You could have delayed your vacation if you were sore or not have gone at all. Just because you choose to go on vacation and were sore, does not mean that the other party's insurance company will grant you a free vacation. Sorry, that's not how the world works. If you still insist you should get a free vacation, you can try taking the other party to small claims court, and sue for pain and suffering. But, most judges will reject those charges automatically since you choose to go on vacation anyway. They figure if you were in good enough shape to go on vacation, then you don't deserve pain and suffering.
👍 23 | 👎 6
After reading all the answers, and looking up muscular tension, like Vip did.....
He's right. This is like carpal tunnel. It takes a LONG time to develop, and isn't just something you randomly get while in an accident.
If anything, it might have inflamed the condition you already had, but any lawyer with a bit of brains will tell you that you're completely wrong, if you take it to court. You'll get dismissed in no time.
👍 14 | 👎 5
Hey i'm here for the first time. I found this question and I find the replies really helpful. I'm hoping to give something back and assist others too.
👍 5 | 👎 4
You need a lawyer... They should be paying you enough to purchase a new vehicle, pay any hospital bills, plus enough to recomp you for all the work you're gonna miss because they hit you... Call a lawyer, no less than 6 figures... Lawyers take 33% of winnings... He wanna get paid too...
👍 -4 | 👎 3
My brother was in an accident with another vehicle that rear ended him (Jeep Cherokee). He experienced back pain and had to have surgery. This persons ins. company settled with him for $100,000.
So if you aren't going to be able to work, then you have to make the settlement worth your while....
👍 -13 | 👎 2
Originally Answered: Boyfriend was rear-ended on his motorcycle by car - should we get an attorney and how much $ could he get?
First of all, it's silly to hire an attorney up front, before you've even heard what the other person's insurance is offering.
That's because the other person's insurance will never, EVER pay more than the policy limit. In some states, that's $10,000 per person. That means, attorney gets $4K, and bf gets . . . not enough to pay his medical bills to date. BAD DEAL.
Wait. Wait until the other guy's insurance has talked to bf, and given him an idea of offer. An attorney cannot make an insurance company pay more than the policy limit. An attorney slows down the claims process - A LOT - often by a year or more.
With what bf is looking at, you're not going to be talking settlement, anyway, for at LEAST six months - until after you know what the medical bills are. Four weeks later isn't long enough. So don't be in a rush to give away 40% of the offer - which might be the maximum offer, right off the bat - to an attorney.
**state law will have a LOT of influence on what bf is entitled to. I don't know of any state where a license suspension makes you 50% at fault automatically, though. Tort laws will be crucial, as will motorcycle injury laws.**