Dealing with a total loss claim

[Rayzer]

I need a little help with a total loss claim/settlement in KY(no fault state).My 17 yr old son(driver) and his two friends (passengers) were in a accident.The other car was at fault crossing into his lane hitting him head on,police report accounts for this.They all went to to emergency by way of ambulance.My son suffered concussion and whiplash and was released from hospital.Two days later the pain was worse so we went to a doctor and gave him anti-inflammatories and set him up with physical therapy.
I had to contact the other drivers insurance company about a week after not hearing nothing to find out about paying damage for my car.They said the car is totaled and offered me $4700 for my car which is to low.Kelly blue book and Nada both say market value is $5800 to $6500 and cars like mine with around same mileage and year are going for $6200 to $7100 in my area market.I have been in talks for three days and they only offered a few hundred more and that's the final offer.
I just found out today his two friends that were in the accident have received over $1500 each for pain and suffering.They have not offered my son nothing for pain and suffering.A neighbor of my said you can't get pain and suffering in a no fault state but that can't be true because of what his friends received.
Should I ask the insurance company about a pain and suffering settlement or should I get a lawyer involved?I would hate to prolong this because my son is carless right now because they took back the rental car after the final total loss offer on his car and he has to get back and forth to work.
All this doesn't seem fair since the other driver was 100% at fault.

 

[fed up]

There is usually no pain offer until the claim closes and if your son is seeing a physician with therapy his claim is open until therapy ends. Who made the offer on the total? Retail prices dont mean much, they are using Trucar or Kelly but trade in prices

 

[Rayzer]

I don't want to name the insurance company in case they can use this thread against me but it is one of the big name budget companies.If I accept the agreement on the totaled car and have them send me a check do I void my ability to get a pain and suffering settlement?

 

[fed up]

No, that portion of the claim remains open until all Bill's are paid .

 

[adjusterjack]

They said the car is totaled and offered me $4700 for my car which is to low.Kelly blue book and Nada both say market value is $5800 to $6500 and cars like mine with around same mileage and year are going for $6200 to $7100 in my area market.I have been in talks for three days and they only offered a few hundred more and that's the final offer.

Do you have collision coverage? If yes, make the claim on your own policy and see if your own company treats you better. The other driver's insurance company has no obligation to you, only to its insured and can low ball you until the cows come home.

I just found out today his two friends that were in the accident have received over $1500 each for pain and suffering.

Kentucky is a no-fault state where drivers have to have $10,000 in PIP (Personal Injury Protection) to cover their medical bills and loss of earnings. If they got $1500 each it was for that and not for pain and suffering, and they probably got it from your insurance company because your insurance is primary for your son and his passengers. And it's your policy that's going to cover your son's medical bills and loss of earnings.

There is an exception if the injury exceeds certain thresholds like $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death pursuant to KRS 304.39-060.

It's possible that the friends' medical costs exceeded $1000 each and they were given "go away" money for the pain and suffering.

If your son's medical expenses were over $1000 then he would be eligible for pain and suffering from the other driver's insurance company. But nobody from that insurance company is going to be talking to your son because he's a minor. It's going to be up to you to ask for the pain and suffering money once your son is fully recovered from his injuries.

 

[geneseehill]

The Statute of Limitations in Kentucky is one year for Bodily Injury. However, that one year won't start until your son turns 18. There are other issues here you should be aware of. Your auto insurer may subrogate the 3rd party carrier (the at fault carrier) for any expenses paid under PIP. Generally, their right to collect or recover is secondary your sons general damage claim for pain & suffering. Because your son incurred a closed head injury (concussion) I wouldn't be so eager to settle or even get an offer to settle on this right away. There are other issues at play. How will this affect his future schooling? His future or current job prospects? As much as it hurts me to say this it wouldn't be that eggregious for you and your son to talk to a personal injury lawyer. Also, since your son is young he should refrain from posting on Social Media sites anything which could be discovered.