Small auto injuries claim in Fremont CA Alameda County, how much should the...

[yinsjessi]

...pain and suffering be?? I got into a car accident a few months ago, the other person is at fault, his insurance is Geico and I already got the medical treatments; my medical bills came out to be $2000 (out of my own pocket). The car damage came out to be $1300 which Geico paid. But Geico only offers $500 settlement for medical treatments, pain & suffering, which I DID NOT settle. I'm gonna go file through small claim court in Alameda County, any suggestion on how much my pain and suffering should be? Thx guys!
I already talked to a lawyer today and he suggested me to go through small claims court 'cause he said it'll cost him $5000 to even begin the lawsuit process. I had to pay out of pocket 'cause I didn't have med-cov on my own car ins. policy so i just need to go after Geico on my own. I'm thinking pain & suffering should be at least the same as my medical exp, but just wondering if that's too much.

[John S]

You should certainly not be seeking less than your actual out of pocket expenses. The author of this book
http://www.amazon.com/exec/obidos/ASIN/141330446X
says that a ball park figure for pain and suffering (assuming there was real pain) is 3 to 5 times actual medical expenses.

I'd suggesting reading the book, or some other source, before you go up against an insurance company.

[Edward]

if you are in small claims court then you should probably request just the amount of money to cover your medical bills and time lost from work. You are going to have to provide receipts and papers to justify the amount.

[Wintergirl]

You should get a personal injury attorney to represent you because you should NEVER be settling for less than the actual cost of your medical treatments resulting from an accident that wasn't your fault. Geico is trying to screw you over because you don't have anyone representing you.

When I was in an accident, I was offered an additional $1500 for my pain/inconvenience on top of my medical bills, which were also around $2000. Don't go through small claims because you won't be able to have an attorney. Tell Geico they either give you the full amount of your medical costs (why were you paying out of pocket anyway? Usually this is set up through the insurance company of the person who hit you) or else you will hire an attorney and take this to court, which would cost them an awful lot more than $2000....

See a PI attorney for a consultation. In these cases you don't pay anything unless you win.

Hey I saw your response so here's mine: Speak to another attorney!! The one you talked to just didn't want your case, so find one who will take it. Maybe he only goes after huge cases. You have to interview attorneys until you find a decent one you feel comfortable with.

As for paying the medical up front, Geico should have been doing that from the beginning, not you OR your insurance company. They should have sent you to doctors they have deals with (and Geico being so huge, there will be lots of them) that will see you and bill Geico for it, not you. Look under the yellow pages for "attorneys - personal injury" and make an appt to see a couple of them. What the heck, the consult's free. As for pain & suffering, it really varies on your injuries, but you don't get much in CA anymore, maybe $1000-$2000 above your medical expenses, but again, ask a PI attorney. Usually you get a lot more money rewarded when you have an attorney. PI attorneys do take 1/3rd of your reward, but if Geico is shafting you, it would pay to get one anyway.