Hi everyone, I’ll get right into it. Last week I was out with my sister at night and we were the only car stopped at a red light in a left turning lane. All of a sudden we get rear ended (very hard) and pushed into the intersection. The guy who hit us was drunk and got arrested on the scene. Both cars were towed, ours is totaled and I’m sure his is as well.
My sister and I were taken to the ER because of the intrusion of the vehicle and the impact on our head & neck. Our scans were clear, but we both had a concussion and the following days we were very sore (my neck was in pain for like a week). I missed a couple hours of work and a whole week of classes because I couldn’t put my backpack on from the pain.
My question overall is should we get a lawyer? We are in contact with one and she would take 1/3 of the settlement. I know that’s pretty standard but I feel like it’s not worth it if we get less than we did without one.
Does anyone have an estimate of what compensation we would get for personal injury/ pain & suffering? I don’t know if this is relevant but my sister had bought the car less than two months before and got her license only two weeks before. It was traumatic for the both of us overall but nobody was too seriously hurt.
l don’t plan on doing follow-up appointments with doctors or doing physical therapy because I’m a full time college student and I have a job so it’s not worth my time. This whole thing is just annoying and I don’t know if we should just take what his insurance offers us. We haven’t been offered anything yet the case is just pending.
notes:
– I was the passenger and my sister was the driver.
– The guy who hit us has had one or two DUIs before and he’s currently not bailable from jail.
– His insurance is Progressive.
– Our state is Idaho.
I would appreciate any opinions!
Need advice – got hit by a drunk driver
byu/rokayuh inInsurance
Posted by rokayuh
2 Comments
You need the at fault party’s policy BI policy limits. Idaho’s required BI is 25-50. No one person can collect more than 25, no two or more can collect more than 50 total. If you have UM/UIM with your own insurer you may be able to claim monies under that coverage should your damages exceed the at fault party’s BI coverage.
I’d see what the BI carrier offers. You can negotiate. Remember 1/3 to an atty means if you get 25 you’re only going to net 17.5. If your atty files suit he’ll most likely get 40% of any settlement leaving you 16. Also, it could take some time if attys get involved before you see any money.
The full extent of your injuries may take time to show up. You should have 2 years before you need to complete the settlement. You may have delayed numbness in your hands or headaches from concussion. Avoid national firms. Please wait at least 6 months to see if there is residual damage.