Help: Accident -- insurance -- how much can be received for pain & suffering?

[dasteve]

My grandfather (88 years old) was hit by a car while he was crossing the street two months ago. It was the driver's fault and there were two witnesses who contest to that. Since he was hit, he cannot stand for long periods -- he now has to use a walker just in case because of the pain that builds up. He used to be fine and adjile, he could walk places himself, very active. They are paying for him to see a physiotherapist and it seems to be helping him gradually. However my grandfather is very upset and wants to be paid for his suffering. I was going to see a lawyer to see what can be done, however the insurance adjuster called and wants to meet up with us to propose he gets money for pain & suffering.

My question is, how much should we ask for his pain & suffering? What is an ok acceptable figure that is usually accepted? I want to get him the most possible without going to a lawyer, and if they don't give enough I guess we will have to go to a lawyer.

Thanks

[rb]

Probably not much at all ..theres now a $30k deductible in Ontario to get rid of the small claims which should be covered under no fauly accident benefits ...given your GF age no wage loss or future loss of income ....this is more likeley to be a nuisance settlement.

Don't sign anything yet , get treatment for him and talk about settling later on once you know how he responds to treatment.

[dgg]

great response.

[TrevorK]

Probably not much at all ..theres now a $30k deductible in Ontario to get rid of the small claims which should be covered under no fauly accident benefits ...given your GF age no wage loss or future loss of income ....this is more likeley to be a nuisance settlement.

Don't sign anything yet , get treatment for him and talk about settling later on once you know how he responds to treatment.

With older people this is key.

Get your medical bills all paid for - however do not settle until the full extent of the injury is known, which typically means that he'll have to go through a bit of the treatment first.

You can never tell what nagging injury there may be - and they're hoping to settle now so that they don't take that chance.

[cheukiecfu]

do what the American pplz do... SUE the driver..
and get millions back...

(only do that if the driver was cocky/a meany)

[rb]

do what the American pplz do... SUE the driver..
and get millions back...

(only do that if the driver was cocky/a meany)

Forgot to add as well as the $30k deductible there is also a "threshold" that your GF would have to meet ..its reserved for serious and permanent disabilities if your GF first meets the threshold (as determined by a judge) then he would still have the deductible before he would get a cent. Thats the whole reason we had accident benefits introduced so minor cases do not clog up the courts and the emphasis goes to treatment rather then "cashing out'"

[motorcycleguy]

do what the American pplz do... SUE the driver..
and get millions back...

(only do that if the driver was cocky/a meany)

cocky or not doesn't make any difference. If a driver is at fault and insurance was involved then it's on his record. It won't matter if you sue him as insurance will pay that.
The thing is that we are not in US and it's really hard to sue for pain and suffering here.
Talk to a lawyer and don't settle for now. Don't forget that you can always refuse their first offer(usually a bit low).It's ok and totally normal.

[TrevorK]

cocky or not doesn't make any difference. If a driver is at fault and insurance was involved then it's on his record. It won't matter if you sue him as insurance will pay that.

Insurance will only pay up to the amount you have liability for - and it isn't hard to get a million dollar lawsuit nowadays (Albeit, not in a case like this with an elderly gentleman).

This is especially crucial for a lot of drivers who carry low liability (250k). All it takes it hitting someone and them not working again, who is in a somewhat decent career and you'll exceed that.

[rb]

Insurance will only pay up to the amount you have liability for - and it isn't hard to get a million dollar lawsuit nowadays (Albeit, not in a case like this with an elderly gentleman).

This is especially crucial for a lot of drivers who carry low liability (250k). All it takes it hitting someone and them not working again, who is in a somewhat decent career and you'll exceed that.

Thats why I carry $2m liability and it only costs an extra $36 a year

[webdoctors]

is there a time limit before U can sue the driver? I believe its one year after the accident?

U prob should hook up wid a lawyer, but sueing someone in the no-fault atmosphere is very difficult, for pain and suffering the judge won't give much (sorry to snd callous and insincere), just based on previous experience.

First make sure they pay for ALL medical bills, later they may try to weasel out of some saying they are not necessary...

[jigga-wut]

don't talk to the adjuster until you get a legal rep with you because the adjuster will try to bs you around and try to get you to sign useless settlements

[motorcycleguy]

You can sue for 10 million $.I won't matter,because most of the times you are only entitled to medical benefits as per your insurance contract. It's almost impossible sue someone for pain&suffering due to a car accident. Not in here!!