Settlement for a Car Accident (USA)
About a month ago, I was involved in a car accident that was entirely the other person’s fault. As a result, I suffered from whiplash and ended up missing two days of work. My car was completely totaled.
Since the accident, I’ve been dealing with severe anxiety while driving, which has affected my ability to go out at all. Thankfully, I am physically okay, but the emotional toll has been significant.
The insurance company has offered me a settlement of $1,200, and while I’m inclined to accept it, my friends have suggested that I should counter and assert that it’s not enough.
If I decide to negotiate, how should I approach this? Or do you think I should just take the $1,200?
It sounds like you’ve been through a tough experience, and it’s understandable that you’re considering your options for the settlement offer. Here are some steps you can take if you decide to make a counter-offer:
Evaluate Your Damages: Assess not just your medical bills and lost work but also your pain and suffering, emotional distress, and any other related expenses. Keep in mind the anxiety you mentioned, as that can factor into your overall claim.
Research Settlements: Look up similar cases in your area to get an idea of what people have received for comparable situations. This can provide a solid foundation for your counter-offer.
Draft Your Counter-Offer: When writing your counter-offer, be clear and concise. You can start by expressing your appreciation for the initial offer but state that it does not fully cover your damages. You might say something like:
“Thank you for the settlement offer of $1,200. I appreciate your prompt response. However, after assessing my medical expenses, lost wages, and the significant emotional distress I’ve experienced since the accident, I believe a more appropriate settlement amount would be [insert your desired amount].”
Submit Your Counter-Offer: Send your counter-offer to the insurance company, and make sure to keep a copy for your records. You can do this via email or through a formal letter, depending on how you’ve interacted with them previously.
Be Prepared to Negotiate: They may respond with another offer that is lower than what you requested, so be prepared to negotiate. Know the minimum amount you would be willing to accept before you start.
Consider Legal Advice: If you’re feeling unsure about the process, it might be helpful to consult with a personal injury attorney. They can provide tailored advice and represent you through negotiations.
Ultimately, whether to accept the settlement or negotiate further is your choice. If you feel that $1.2k doesn’t fully reflect your experience and losses, it’s reasonable to negotiate. However, if you’re comfortable with the offer and just want to move on, it might make sense to take it. Good luck!