Q: Hi. What are the claims I can demand from both insurance companies and how to claim and compute "pain and suffering?"
LAST JUNE 10, 2022, I HAD A CAR ACCIDENT IN FREEWAY 880 IN FREMONT. MY DAUGHTER AND I WERE TRAVELLING FROM HAYWARD TO MILPITAS AND IT HAPPENED AROUND 7:30PM. THE CAR INFRONT OF ME SUDDENLY STOPPED IN THE MIDDLE OF FREEWAY BECAUSE THE CAR INFRONT OF HIM IS ABOUT TO STOP TO BUT EVENTUALLY CHANGED LANE. I HIT THE CAR INFRONT OF ME BUT I WAS ABLE TO BREAK & STOP RIGHT AWAY. HE GOT MINOR DENT BEHIND HIS CAR.
THE CAR BEHIND US HIT US SO HARD WHICH RESULTED TO EXTREME DAMAGED THE BACK OF MY CAR, INLUDING THE SIDE AREA. MY CAR HAS STOPPED ALREADY WHEN HE HIT OUR CAR.
THE THING IS, THE INSURANCE (PROGESSIVE) OF THE CAR WHO HIT US, CAUSING SO MUCH CONFUSION TO ME ABOUT THE CLAIMS.
LAST 7/21/22, I MENTIONED TO THE AGENT FROM PROGRESSIVE ABOUT THE PAIN AND SUFFERING AND TRAUMA IT HAS CAUSED US. TODAY, 7/25/22, SHE IS GIVING US US$2000 FOR PAIN AND SUFFERING, MEDICAL $1500, $750 FOR MY DAUGTHER, BUT NO LOST WAGES CLAIM.
A: Contact an experience personal injury attorney as soon as you can. You do not have to accept the insurance company's first payment offer, and an attorney can likely help you obtain more in damages.
as i just explained to you over the phone, you need to consult with a PI lawyer re the facts of your case.
s/he will look at the Property Damage when you rear ended the car in front and the damage to your car.
a lawyer will evaluate the PD, the Med Records, and what LOE you can prove.
you will need to get something to present to the ins co showing the time you lose.
once again, one of the issues, will be how much of your PD etc is from the accident you caused and how much from being rear ended.
A: If you and/or your daughter were injured from the accident you should contact a personal injury lawyer right away before you accept anything from the insurance company. They want you to take a small amount without an attorney so that you can no longer be entitled for future compensation. Have a free consultation with an attorney to know your rights.
A: You are entitled to economic damages (hospital, loss of earnings, property damage ect.) and general damages for your pain and suffering. Gather your supporting documentation and present it in a demand package with the amount of your demand. Good luck. Patrick Steinfeld
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