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4 adults and 1 baby in car | Damages for all?
I have 4 adults and 1 baby in my car when the other car hit my rare when I am waiting for traffic light. The driver admitted his negligence by writing.
4 adults felt different level of pain, but only I went to the ER.
I did not ask for a release from work. My total medical bills are around $1200.
I took 4 days off due to neck and shoulder pain.
My husband took 4 days off due to his back pain.
My 10-month baby cried very much after the accident and kept waking up during night.
My parents used some medicine and heat pad to release their back pain.
Now the other driver's insurance company says they can only reimburse my medical bills and 1 day off for me, and give me $500 for pain and suffering. They said my husband and others need to file their own claim if they were injured. But they were not since there are no medical records.
Is it reasonable?
Thank you very much!
Hello Celine, Regarding your claim, only you know if $500 is reasonable. Would this compensate you for the 4 days of work you lost? Will this in addition to that would leave you with some money on your pocket.
It will not be to your benefit that you did not have a work release, but you can argue that you had an accident and this is the only reason why you did not go. You need to get to work on this.
Regarding the other injuries, well please see:
It is hard if not impossible to show injury without medical bills (damages is the last element of negligence). For the driver to be negligent to the other three people and the baby, they must have some kind of damages, and this can only be shown by some objective record.
Depending on how hard the impact was and how long ago the accident happened, you might not be able to seek medical care.
So is it reasonable? Again, it depends if you feel you are adequately compensated. Remember, first offers are that (first offers). You can consult with an attorney or try to move that offer up before you settle.
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