Advice on Settlement After Car Accident (USA)
I was recently involved in a car accident where the other driver was 100% at fault. It’s been about a month since the incident, during which I visited a doctor and was diagnosed with whiplash. I also missed two days of work, and unfortunately, my car was completely totaled.
Since the accident, I’ve been experiencing significant anxiety while driving, making it difficult for me to go out. Thankfully, physically I’m doing okay. The insurance company has offered me a settlement of $1,200. I’m inclined to accept it, but friends and family are suggesting that I counteroffer because it might not be sufficient.
If I decide to negotiate, what should I say, and how should I approach it? Alternatively, should I just go ahead and accept the $1,200?
It’s understandable to be unsure about how to proceed, especially given the anxiety you’re experiencing. Here are a few factors to consider when deciding whether to accept the settlement or make a counteroffer:
Compensation for Damages: Assess whether the offered amount truly reflects what you’ve experienced, including medical bills (if any), lost wages, and the emotional toll of the car accident. While you have mentioned whiplash and anxiety, consider whether the offered amount adequately addresses your pain and suffering.
Emotion and Impact: Anxiety can often have a significant impact on your life. Document how this has affected your daily activities and mental health since the accident. This could strengthen your case for a higher settlement.
Market Research: Look into similar cases and settlements in your state or region to gauge whether the offer is in line with what others have received for similar circumstances.
Consulting a Professional: If you’re uncertain about negotiating on your own, you might consider consulting with a personal injury attorney. Even a brief consultation can provide valuable insights into whether you should counteroffer.
Counteroffer Approach: If you decide to counteroffer, be clear and concise. You could say something like, “While I appreciate the offer, I believe my pain and suffering, as well as the impact on my daily life due to driving anxiety, warrant a higher settlement. Based on my medical outcomes and overall experience, I would like to propose a settlement of [desired amount].”
Ultimately, the decision is yours. If the offer feels sufficient to you and you want to avoid the stress of negotiation, taking the 1.2k might be the best choice. However, if you feel strongly that your experience justifies more compensation, making a counteroffer could be worthwhile. Trust your instincts and prioritize your well-being.