How can I settle this auto accident claim on my own?

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How can I settle this auto accident claim on my own?

I had an auto accident earlier this year. The other driver (the defendant) ran through a red light and broad-sided my car in my driver’s door while I was driving. No other occupants were in the cars. She was going around 40 mph. My car was thrown several feet. My left hip was fractured in two places, and also had lower back pain and severe left chest internal pain. No surgery required, but was on crutches for 2.5 months. I’ve been getting physical therapy for the hip, and chiropractic for the back pain. I have $25,000 med pay by my insurance (AAA). AAA has been paying all of my out of pocket medical expenses. Medicare is my medical insurer.

Asked on September 13, 2013 under Personal Injury, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

You definitely want to get a personal injury attorney for a case like this.  For one thing, Medicare will have a lien against your recovery, so if you want to have anything for yourself, for your pain and suffering, you will need to have a lawyer negotiate to settle for enough to pay off that lien, any subrogation claim from your insurance, plus something for you and herself.  You will never be able to get that kind of a settlement on your own.

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

You definitely want to get a personal injury attorney for a case like this.  For one thing, Medicare will have a lien against your recovery, so if you want to have anything for yourself, for your pain and suffering, you will need to have a lawyer negotiate to settle for enough to pay off that lien, any subrogation claim from your insurance, plus something for you and herself.  You will never be able to get that kind of a settlement on your own.


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