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Originally Posted by Payton King
but I am a State Farm Insurance agent and my wife use to be an auto claim adjuster. I deal with this on a daily basis. Some of the information you have received is correct and some is not. Each claim is different based on the merits of the case.
1. Don't be so quick to jump to get an attny. A claim is worth what a claim is worth. IE a $3000 car is worth $3000. An attny cannot get you any more money, he can however take 33% of your $3000 the that would have been paid anyway. Same thing on the bodily injury side.
2. As bad as it is to be hit by a drunk driver, the person is not anymore liable than if they were not paying attention and ran a red light. In other words, there will be no punitive awards for bodily injury just because they were drunk (they will not give you more money.)
3. Back on the car settlement...car is expected to be in good working order. If the vehicle is worth $3000 and you do $3000 worth of maintance on it...still worth $3000. State Farm will start with top NADA value and deduct for condition, mileage, etc. Most other companies do the same. They will also do a market survey sometimes, what that year, make and model is selling for in the area to arrive a price.
I do not know the extent of her injuries, but they will owe for doctor bills, follow ups, etc. She will be entitled to some pain and suffering but there is no rule of thumb on that amount. Depending on the company, they may not pay the bills until all of them have been submitted and she signs a release, so don't be shocked. Lots of other stuff in this category (bodily injury) but with out more info hard to get specific.
Personally, I would try and work it out with the insurance company first and only get a lawyer as a last resort. I have seen too many cases where the insurance company was going to pay $10,000, person gets a lawyer, they still pay $10,000, but the lawyer gets $3000 and the claimant gets $7000.
I would be happy to speak with you if you like and I will try and give you the best advice that I can. 704-846-7511 I feel for your sister and what she is having to go through.
Payton
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very very very well said..........