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Drunk driver hit & run effect on injury award for damages

by Jr

I was hit by a drunk driver who was 3X the state legal limit. the driver then fled the accident scene and fought with the arresting officer.

The impact totaled my vehicle and i missed 5 months of work while enduring PT & steroid injections for 3 disc herniation and related injuries.

I reside in a no-fault state and my own ins. co. paid a good bit of my medical costs. the total amount of medical costs is just over $25K, however my ins. co. paid "negotiated amounts" so there total was less than the actual total.

when determining an amount for pain & suffering, do i use the actual medical bills, or the negotiated rates? do i include mileage & time spent traveling to doctor's appts.

when figuring the pain & suffering amount? do i include lost wages when figuring the pain & suffering amount? what considerations should i be aware of (as far as a settlement) regarding the negligence of the other driver? thank you again and i apologize for all of the questions.


Hello Jr.

I am sorry for the delay. You want to include the full amount of your medical cost. You should also include all your medical cost, which includes medicine, co pays, etc. You should also ad mileage, gas, and your time going and coming back from the doctor.

Insurance companies will try to tell you that the fact that this person is 3X the legal limit will not affect your claim. This is not true. It is a matter of perception. Would a jury award you more money in an accident where there is no alcohol? Or would they give you more in an accident where there is alcohol.

To learn what kind of claims and how to document your damages, visit:

There are tips, suggestions, and a explanation of what you can ad to your settlement negotiations.

Good Luck,

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