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Good Morning. I was hit by a drunk driver. She drove off. She…

Good Morning. I was hit...
Good Morning. I was hit by a drunk driver. She drove off. She was followed home so the Cops were able to give her a reckless driving ticket and leaving the scene. My insurance has paid all medical bills. Her insurance paid for my car to be fixed. I feel there should be some thing more from her insurance. She was Drunk and has a long history of hit and run and drunk driving. She has lost her licence for two years. My daughter and I were not badly hurt, but we had never been in an accident before. What kind of settlement could I get? I heard from 25 thousand to 10 thousand ?? Thank you, Jill
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Answered in 2 minutes by:
6/10/2013
Tina
Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 33,167
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
Verified

Hello and welcome, Jill.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any out of pocket expenses outstanding? What type of injuries did you and your daughter sustain? You have not signed any documents from the other driver's insurer releasing them of any further liability?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 5 years ago

Hi did I respond back? Should I be able to see my reply's? Thank you...

 

I see it now...

 

I was fulling paid back by my Insurance on my out of pocket spending.

I have not sighed any paperwork.

 

Thank you.

Hello again, Jill.

I'm sorry, I do not see a response from you. Please post a reply to my questions in this question thread and not as a reply to an e-mail notification you might receive from the site.
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Customer reply replied 5 years ago

Right now I'm feeling lost...I hit refresh so I'll try it again.


 


I was fully paid back by my Insurance on out of pocket spending.


I have not signed any paper work.


 


thank you

I'm sorry if you are having technical problems, Jill. I did receive your response this time and will request that customer service contact you about not being able to reply to me.

I was inquiring about any injuries you and your daughter did sustain as you can typically recover damages for pain and suffering, which can be significant. What injuries did you sustain in the accident? And how much were the medical expenses even if they were paid by your insurer?
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Customer reply replied 5 years ago

We did not sustain major injury. We were seen at the ER and follow ups with our doctors. My bills totaled over $4000.00. Rachel"s were under $4000.00.

I see. Thank you for clarifying that, Jill.

Punitive damages are normally not recoverable in a personal injury suit, which appears to be what you wish to recover--damages to punish the driver for being a repeat offender. Instead, she should typically be prosecuted criminally if she is a repeat offender and punished by incarceration.

Having said that, you would typically have the right to sue the driver for your medical expenses, plus any lost wages, and pain and suffering. In the industry, the amount of damages for pain and suffering can vary significantly, but a rule of thumb is using the medical expense and lost wages multiplied by a factor of 2 or 3. If you each had approximately $5,000 in medical expenses and lost wages, this would amount to around $20,000 which could be recovered for both of you if multiplying the actual damages by 2. This would typically represent a reasonable demand in your case for which you could seek to recover from the insurer.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Customer reply replied 5 years ago

thank you.. A few more question's. Do I hire a lawyer to sue her. Or do I go through her insurance stating I want a settlement?

You are very welcome.

I would retain an attorney because the insurer is very unlikely to agree to a reasonable settlement unless an attorney is retained and suit is filed or at least seriously threatened. Such attorneys work on a contingency fee basis so there should be no fee unless they prevail on your behalf.

There is another option and that is for each of you to sue in small claims court since that court is structured to permit litigants to pursue claims without an attorney, but the maximum each of you could sue for in that court is limited to $7,500 for a total of $15,000, so you could not obtain a judgment for more than that typically.

Just to let you know, I did send a notification to customer service and they should contacting you about your difficulties in replying to me.
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Customer reply replied 5 years ago

Thank you!! Are you an attorney in Denver??


 


Thank you for your help. Jill

Hello again, Jill. You are quite welcome.

The site's TOS do not permit me to represent customers through this forum unfortunately, but the state and local bar associations can provide you with attorney referrals.

Here is a link to the Denver Bar Association which provides information on the referral services available:

http://www.denbar.org/index.cfm/ID/1113/dba/Find-a-Lawyer/
Tina
Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 33,167
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
Verified
Tina and 87 other Personal Injury Law Specialists are ready to help you
Ask your own question now

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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Tina
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Satisfied Customers: 33,167
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