Seattle, WA asked in Car Accidents, Insurance Defense and Personal Injury for Washington

Q: When calculating a personal injury settlement, are property damages incurred in an accident separated?

What I mean by this, is when using a calculator such as this one http://www.alllaw.com/articles/nolo/personal-injury/calculator.html

where we assume that medical bills are equal to 3500, property damage is equal to 5000, and lost wages are equal to 60, which we then multiply by 3 as the general damages multiplier, would the 22,060 be a standalone figure, or would that 3,500 that is paid separately as part of the collision coverage (the car was totaled, and that is the value the insurance company quoted the car at) be subtracted from that 22,060 figure?

Also, as a secondary question, would the 3500 for medical expenses be subtracted from that 22,060, or will the insurance company pay those separately being as the medical institutions at which I was treated were made aware of the insurance claim #?

Edit: This would be a UM/UIM claim being as the at-fault motorist was uninsured. My insurer is Geico.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Forget the formula. That's bogus. If you lost an eye would 3 x the medicals be enough? No way. If you had one ER but went in as trauma and the bill was 19,000 and no follow up after, do you think they'd pay 3x19?

If your crash is serious enough to consider uninsured, you should reconsider the d.i.y. bit. Contact a member of the State of Washington Assn for Justice--they give free consults.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.