settlement for auto accident

"Fair" huh?

Lemme ask a few questions first... Who was determined to be "at fault" in the accident? The driver of the truck?

2nd: Is it legal for someone to ride as a passenger in the bed of a truck in your state?

3rd: Is this $500 above and beyond the medical costs or is the $500 everything?

in the end I think the driver was at fault. yes it is legal to ride int eh bed of the truck and the total medical bills were at least 1300 dollars. I don't have the bill with me at this time though. it's in with other paperwork

Whose insurer? The driver's? Or yours?

Are you in a no-fault state?

i was put at no fault, the driver was a good friend of mine and the insurance was his

Do you have your own insurance?
What is the tort threshold in your jurisdiction?

no i do not have my own insurance, and please explain what you mean by tort threshhold.

In cases like this, the first thing to remember is that the insurance company is looking out for its own best interests: not yours, not its insured's, just its own.

Secondly, there is nothing that says that you have to accept their offer (even though they'll attempt to convince you that you must). After all, it's the driver's insurer, not yours. You don't have any relationship with those guys, so you're not contractually obligated to accept what they're offering.

On the other hand, if you refuse to accept, then your only other option is to sue the driver (your friend) for the full amount. You may be reluctant to do that (and the company, no doubt, is counting on that), but you should remind the company that you have that option.

Insurers don't like to make this known, but they will negotiate. If you believe that $500 is unreasonable, then make a counter-demand. But be prepared that, in the end, you may have to file a lawsuit against your friend in order to get the kind of compensation you feel you deserve.

And, by the way, don't ride in the back of pickup trucks -- it's dangerous.

joe or fishin will probably be by to give a more thorough description, but bottom line it's the basic deductible on any bodily injury claim.

In my jurisdiction, to get ANY tort/bodily injury payment, you have to first meet a verbal threshold based on the serious and permanent nature of the disability resulting from the injury, then the claim is valued, and then there is a $30,000.00 deductible. You have to prove a loss in excess of $30,000.00 to get a nickel here.

I see waht your saying and thx. Now I know this might be hard questio considering none of you are in my shoes, but how much should I go for. I know I can't get alot but I don't believe 500 is right. I was thinkin at least 1000. I missed 2 weeks of school causing me to be held back, and i couldn't really walk normal for a total of 5 weeks. even then when i got to stop using the splint, my bones were still slightly fractured, though not enough to seriously complain about. And I know i have suffered mental trauma because I am scared to death to ride in cars with anyone other than my brother (he just makes me feel safe). Though You can probably not answer that question to a degree, try to put yourself in my shoes and tell me to teh best of your ability, what you would ask for. I refuse to sue my friend, but hell if I can milk to insurance company for more money why not.

In MA the tort threshold reads like this:

"WHAT IS A TORT THRESHOLD?

No fault laws, where they are used to reduce insurance injury costs, include a tort threshold. A tort threshold is a way of defining when an accident victim can bring suit for pain and suffering damages. When an individual's injuries fall "below the threshold" the individual recovers for only economic losses; non-economic losses such as pain and suffering are not compensated.

In Massachusetts, the tort threshold is defined as medical expenses totaling $2,000 or more. When damages exceed this amount, the injured party may sue any at-fault party for compensation beyond the basic medical component of the personal injury protection coverage. When damages fall below this amount, the injured party is paid only for their medical and wage loss, without regard to fault, from the benefits provided by the personal injury protection coverage from his or her insurer."

At $1300 you'd fall below the tort threshold to sue for pain and suffering (you also mentioned that no one was found to be "at fault" which means there wouldn't be anyone to sue for P&S under MA law.).

IMO, You should certianly get all of your medical expenses and any lost wages paid for by the insurer. What you can get beyond that depends on your tort threshold and how much negotiating strength you have.

In one case when I was the insured and totaled my car and it was deemed my fault, I still negotiated with the insurance company and received more money than they initially offered. Since I recently had new tires put on and some new brakes, etc. and my car had extremely low mileage, I argued they should take these things into consideration and give me more money. It took a while, but it worked. I never threatened to sue or anything, but just laid out all the facts. In your situation, I would do the same. If you are looking for compensation for your medical treatments in which were not covered by your health insurance, I would give them a copy of your bill. Basically give them all the facts and what you feel is fair compensation.

anyone know what the threshold is in NC?

If North Carolina is not a no-fault state, then you don't have to worry. Even if it is, the fact that you have no insurance of your own would, I think, make it irrelevant.

Have you been talking to a claims adjuster for the insurance company? If so, let him/her know your situation: send copies of your medical bills, any rehab bills, and a letter describing how you missed school and how you still have lingering effects from your injuries.

At the same time, tell the company how much you feel would fairly compensate you for your losses. Don't be modest but don't be greedy. At a minimum, all of your medical expenses should be included in your demand. Expect that the company will respond with a counter-offer, but don't be satisfied with their initial offer of $500 if you think that's not enough to compensate you for what the driver (the company's insured) did to you.

That's about as specific as I can get without actually offering legal advice, which is not permitted by the TOS. Good luck, bioxx.

North Carolina isn't a no-fault state.

NC Children in the Back of Pickup Trucks Law - G.S. 20-135.2B
It only relates to children under the age of 12 in the bed of a pickup.

Link here http://www.buckleupnc.org/laws_truck.cfm
Went in effect in 1995 and revised in 1999.

North Carolina is a contributory negligence state. Without knowing the complete details of this accident, one can not properly answer your questions regarding a "fair" offer. It is possible that the insurance company felt you contributed to your injuries by riding in the bed unrestrained, despite the way the law is read. This could be due to other details of the accident you have not advised us of. You may have been offered "Med Pay" coverage, which pays for medical bills, regardless of fault, up to the limit purchased by the named insured. $500.00 is the typical minimum for Med Pay coverage in North Carolina. If the driver of the pickup truck IS NOT at fault, per your version of this accident, his insurance company is not obligated to pay anything more than MED PAY and up to that limit regardless of the degree of your injuries and loss wages. The insurance company only pays for claims their insured are LIABLE for and if he/she is not at fault, they don't owe you anything. The other driver's policy would be the one to address your full injury claim, that is if he/she is at fault. Rarely in 20 years of claims adjusting in NC have I ever seen an accident where one driver isn't at fault. In some cases both drivers are equally at fault and they can't recover any damages from eacvh other however their passengers can file against both insurers who, in that case, will split the damages between them.

Give us more facts, you may get more specific answers.