Who pays the damage for my car?

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Client Is Involved In An Automobile Accident

Our client, a mid 50’s woman who just moved here from Italy, was approaching a red light in Hollywood, Florida. As she slowed down, suddenly and without warning, another vehicle struck her car from behind. The impact was so great, that her neck snapped forward and backwards causing the back of her head to hit the head rest. She was dazed and confused for a few minutes, but later regained complete consciousness. When she got out of her car, the at fault party tried to talk his way out of calling the police. He promised her money for injury as well as to fix her car. He promised that he had a great friend who owned a body shop who would fix her car for free. She was obviously skeptical, so she called the Hollywood Automobile Accident Attorneys Dell & Schaefer. One of our attorneys at the firm informed her to reject that offer and call the police to file a police report. We informed her that if she goes to a body shop that is not associated with the insurance company, then the insurance company would not guarantee the work. So if the body shop did a bad job and the car needed future repairs, our client, not the insurance company, would be stuck paying for that additional cost. Our client heeded our advice and rejected the offer by the at fault driver.

Dell and Schaefer Negotiate A Settlement

After the accident, our client underwent an intense physical therapy regimen. Fortunately our client did not need surgery. When the treatment was over our firm filed a bodily injury demand against Erie Insurance Company and demanded the policy limits of $50,000. Our firm demanded the policy limits to compensate our client for not just bodily injury, but also loss of consortium, pain and suffering, aggravation of a preexisting injury, disfigurement, disability, mental anguish, past and future medical expenses, lost wages, and inability to earn future wages. The insurance company at first offered only $35,000 saying our client did not suffer a sufficient enough injury to warrant the $50,000 policy limits. Our firm rejected that offer and filed a lawsuit. Once Erie Insurance realized their client had been sued, they tendered the $50,000 limits.

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