John Kelly answers online questions about how much money you can expect to receive from an car accident settlement. You may also visit us online at or post a question to the comments section and John has agreed to answer your questions.
Kelly Law Team
1 E WASHINGTON ST
Phoenix, AZ 85004
The questions are as follows:
1. Candice- I was in a minor accident with my 11 year old son in the car three weeks ago. There was slight damage to the front right fender, but nothing major. It was a bit scary for us both, but it really didn’t seem like a big deal. The insurance company from the woman that hit us is paying for the repairs to the car and provided me with settlement documentation to sign. The issue is my son is now complaining his neck hurts. How much should I expect from the insurance company?
2. Jose- I am a construction manager and while I was headed to work I was hit by a guy exiting the freeway. The police came and cited the driver for failure to maintain control of his vehicle. My truck was totaled and I had to go to the hospital. The injuries were not major, but I missed three days of work and I’m having back pains. The insurance company is wanting me to sign a release document and offering me a settlement. If I counter offer will I have to get an attorney?
3. Jeff- How do I know how much the car insurance company should pay me for my car accident?
4. Tommy- I was recently t-boned by a drunk driver and have significant medical bills. I’ve been provided a large offer by the insurance company and I think it should cover everything. I realize I might be able to get more money, but I really need the cash now to pay my bills. How can I get more money without having to wait for a lawsuit, etc.?
– We’re with John Kelly. John is a personal injury attorney in Phoenix, Arizona. And he’s agreed to answer some online questions related to car accidents. With that said, John, I’m gonna go ahead and get in the first question and we’ll go from there. First question was from Candace. Candace says, I was in a minor accident with my 11-year-old son three weeks ago. There was light damage to the front right fender, but nothing major. It was a bit scary for both of us, but it really didn’t seem like a big deal. The insurance company from the woman that hit us, is paying for the repairs and the car insurance provided me with the settlement documentations to sign. Basically, she got a settlement document to sign. And the issue is my son is now complaining of his neck hurting. What are my options?
– Okay, for Candace having your child in the vehicle, sounds like the child’s injured now. Which is something that insurance companies, what they’ll typically do in these kinds of cases, is they’re going to reach out right away and see if they can settle the case. If she has a child that’s complaining of an injury, she needs to get that child in to be evaluated first, to make sure that the child doesn’t have any long term consequences from this injury. What can happen is that the insurance company will send an individual who’s been in a wreck the documentation and a check, and say, hey sign off on this. You’ll get this nice check. We’ll move on from it. The problem with that is, later on, if there’s injuries that were not diagnosed there’s no recovery for that. So, the good news is for Candace, it sounds like the adverse insurance company, the person that hit her, has accepted liability. That’s a first step. So, they’ve taken responsibility for this accident. It’s up to her now to show the insurance company what her injuries are, and her child’s injuries are. And they won’t take her word for it. She can’t just call them up and say, hey, my child has some neck pain can you compensate him for that. She’s gonna have to provide documentation. So when I get a client, I make sure that we have everything that is complained of from the client that’s gotta be evaluated by a doctor, actually diagnosed as that. And we use those bills and records of those visits, to make a demand later on. Typically we wait at least a couple of months after the accident to make sure that there’s no lingering effects that we’re not taking care of. So, she should probably at least consult with her attorney and definitely needs to get medical attention for her daughter.
– Okay, next question we have was from Jose. Jose says, I’m a construction manager and while I was headed to work, I was hit by a guy exiting the freeway. The police came and cited the driver for failure to maintain control of his vehicle. My truck was totaled, and I had to go to the hospital. The injuries were not major, but I missed three days of work and I’m having back pains. The insurance company is wanting me to sign a release document and offering me a settlement. If I counter offer, will I have to get an attorney?