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How much money can I get for my car accident settlement? Injury attorney answers your questions.

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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
Suite 500
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?

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  1. lisanewtonsfilms

    An uninsured motorist hit me. As a result of PIP covering my medical bills, my car insurance has gone up by $100, which is almost non-affordable. Can I sue the motorist in small claims for the amount PIP paid?

  2. Christian Malaspina

    I was rear-ended by a driver in CA and had vehicle damage over 1K($1400) and have been going to a health clinic 2-3x week for about 2.5 months. The other parties’ insurance co. has just contacted me but I already have an attourney. Does it hurt to call their insurance co and see what kind of settlement I can get? What would be a minimum settlement offer that I should consider? Thanks.

  3. Andrew Scott

    I was walking on the right side of the road my way to work in early September and I was hit from the back by car, I was on the hood, then she turned off and I rolled off in the ditch…
    The lady that hit me took me to the Emergency Room, gave me 20$ and left, I done a police report, and was out the hospital and was able to go to work, I went to a lawyer the next day and she started processing my accident… I been going to treatment 2 days a week ever since, they sent me to an MRI and a surgeon recently, and scheduled for another appointment Jan 29th. After seeing the surgeon, they dropped me to 1 day a week at the treatment place…
    This my first time doing all this,

  4. Sublime Love

    I have a question. I was in a hit and run accident rear ended on my scooter the driver was later arrested the same night for leaving scene and DUI. My license plate was still embedded in the cars front bumper. I sustained minor head injuries and lower back injuries. I want to handle claim on my own any tips?

    1. Sublime Love

      @John Kelly they do have insurance I’m trying to do my own settlement with their insurance company. I have police report their insurance has seen a copy of report. They pretty much accept their client was negligent. They are aware of their client being arrested as well it’s all in police report. Thank you also for such a quick response.

    2. John Kelly

      You will want to start by getting a copy of the full police report. Remember, that it is possible the other driver does not have valid insurance, which means you may need to use your own insurance and make an uninsured motorist claim. You will possibly also have a claim for punitive damages because the other driver was driving under the influence. I would want to follow the criminal case and get a copy of any convictions. Finally, always at least reach out to an attorney in your area and talk the case over with them. You need to be aware of any statute of limitations that you will have in the case. I wish you the best!

  5. Raja Sidhu

    HI there.I live in Melbourne..i had a accident in december and i was fully insured.I had some injuries but alright now.My car is still under repair.When i called them on given time they said they need more 15 days to repair.I am pissed because its summer here and its very hard to get my 2 year old daughter somewhere without AC in old car.What should i do,any advice sir..thanks

  6. Thoterella ••

    I was driving last week on a Tuesday I was in the middle lane and as I was passing by this hotel this girl had just came out of this hotel stops in the middle of the road and tries to uturn but she can’t because of traffic here I come i couldn’t move to the right because there was a car on the side of me so I put the break as hard and quick as I could and I end up hitting her..the airbag knocks me and my brother (who’s a minor)out..my brother gains his consciousness back he thought I was dead he said I was laying on the airbag so he shakes me to wake up thank god I was able to snap out of it omg I heard bells in my ears seen stars ..This is my first accident ever I was so shook scared terrified and so broken hearted because my little brother had a few cuts and bruises..The other driver she had no feeling she didn’t say not one word she even had the audacity to ask some random guy watching is my car fixable their like no because that car is a late model and that they no longer make those cars anymore..She got a ticket for failure to yield and we checked ourselves in the hospital..Oh and my car is not fixable it’s totaled..do you think I can have a case should I take legal action?

    1. Timothy Godwin

      In that case check with a local lawyer. NO I repete NO TV LAWYER. They charge too much 40% vs 33%. Do your research . Research the lawyers on the internet. Insurance companies have their own lawyers for a reason . That’s to give you as little as possible. It’s called the swoop and settle move. They try and settle with you as quickly as possible before you discover real problems that will cost them more.
      After a hurricane or bad storm …ie…flood…ect.. They come in do a quick look at damages and offer you some quick money… don’t take … because once they write the check and you sign for it…. you have a open roof …. and now it starts raining for a week it’s going to take 3 weeks before you can get anybody to do the work and by then the damage in the house has almost trippled from the rain and weather and the insurance company makes you feel like you were bent over and violated by a prison full of inmates. Ask anybody and do your research. They have dozens of lawyers on their payroll…. and you can’t compete with that….

  7. Matthew Martinez

    Hello, are you still located in Arizona?
    I was involved in a rear end collision and my wife and I are injured
    (back/neck whiplash injury).
    The case is still fresh im just not sure if I should get an attorney involved , settlements have not been discussed quite yet however my vehicle has already been declared a total loss from the the other party insurer (state farm).
    She had liability so I’m assuming 15k will be max. Thank you for your time.

  8. Elvis Johnson

    I was in and auto accident and I broke my breast bone and crushed my knee bone on both sides of my knee and some bone was removed. It’s been 6months now, and I still can’t walk with out falling or walking with a Walker. What kind of money could I get? I also have lots of headaches.

    1. John Kelly

      It sounds like you have very serious injuries that could amount to a very large settlement. You will want to make sure you get a doctors report that gives you an idea of how you will heal long term. If the doctor believes you will have future medical costs and impairments, you will likely want to talk to your lawyer about getting an impairment rating. Some of this also depends on what insurance is involved and how solvent the defendant is with assets. I highly recommend calling an attorney in your area for a more complete evaluation.

  9. Taje Ware

    I’ve got $30,000 in medical bills from a car accident. I was not the at fault driver. I have done 18 months of chiropractic and physical therapy treatments combined. Also had 2 back injections. My injuries were wip lash and low lumber back pain. Bulging discs. The max insurance policy amount is 100k. Approximately what should my injury case be worth?

    1. Tyler Harris

      @Hamdan_godisgreat oh i see. Well if you have more medical bills then what they offer, thats when you sue. I mean no1 should have to pay for all their own medical fees bc of someone elses carelessness imo.

  10. Mike Savich

    My wife was sitting at a red light when a guy hit her from the back really hard, and she was a car length away from the car in front and managed to damage that car in the process in total it was 5 cars. She had two kids 2-6 and her brother age 14 in the car, my kids are scared to be in the car and my son has nightmares about it. What can I do? The guy that hit her worked for Uber , I’m trying to find out if he was on the clock. He showed no signs of stopping not even skid marks .

    1. Kelly Law Team

      You will first want to try to obtain the police reports from the accident. This should give you the information of the person that rear ended your wife. Most reports include the adverse name, vehicle, date of birth, and insurance information. If he was on the clock for Uber, you will want to contact them and open a claim with them to get an adjuster from Uber as you will be able to recover from them. I would recommend reaching out to a personal injury attorney in your area as with multiple claimants and vehicles involved, these cases can get complicated.

  11. Yg Bodybuilder

    So I’m getting sued by some one from a accident and your telling my insurance company has to provide me a lawyer and if I lose. Than my insurance company has to pay the amount being sued for?

  12. Classy S-Chassis

    I was just in a t bone accident the other driver was at fault he hit me on the driver fender door area and pushed me head on into a utility poll and my wife was taken in a ambulance to the hospital and i went to the hospital after the car was towed we are both in pain my wife is lower back and knee and mine is kneck and lower back all tissue damage no breaks or cuts but my car is totalled. Im contacting attorney’s tomorrow is that the best thing to do

  13. Araceli Orozco

    I been offered a settlement of a very low offer. The trial is on February, 3 months away. How can I get a higher settlement before going to trial. I really don’t want to go to trial and I want to settle this as soon as possible. I already completed a deposition.

  14. Dutch M

    Worked on a 1000 acres ranch when I was 19 , I’m 20 now. 99% of my transportation time was spent in a Polaris ranger with no doors. Got t boned by a car going 50mph. I was ejected and flew through their windshield and ended up in their backseat. I died and came back to life. Head split wide open, brain was bleeding, internal organs were bleeding. Only got 50k which everyone I knew said wasn’t enough but the lady was so poor that suing would have made no difference. The opposing insurance only agreed to 50k. At least I got something it’s all in mutual funds now but damn my Brain hurts everyday I feel like I was owed more idk.

  15. Luis Perez

    Monday afternoon my mother was hit by a car who ran a red light going at about 40mph right in the center of the driver side. My mother is now having back pain and neck pain with brusies on her left side of her body. What do you think should be done?

    1. Kelly Law Team

      First you need to make sure that she gets treatment if needed. She should also know that she does not need to give a statement to the insurance company. You may want to track down the police report from the incident so that you have the insurance information of the party that hit her. You will need to notify the adverse insurance company and your mother’s insurance about the accident. It would be best to consult an attorney in the state that you live to talk over your next steps to ensure you are handling things the right way.

  16. sam anderson

    Please I have 2 questions and both of them regarding the same issue, I have an ssi income and ssdi income as well, but my Medicaid benefits comes through the ssi not from ssdi, so my question is if I get lump sum award because of the claim for pain and suffering after involved in car accidents, so would that will cut off my Medicaid benefits because I am very sure it will be affected-my ssi income. The other question, I had a consultation from attorney which she had confirmed that the pain and suffering claim or award will not consider as income and will not affect your (ssi income) at all, but I search on google and I find different answers.

  17. Edgar Huante

    Just a quick question. I was recently involved in a car accident where the other party was at fault. My car has been in the body shop for over a month. Am I entitled to receiving loss of use even if I have a rental. I have a sports car and the rental rate per day for the rental they put me in is significantly less than it would be to rent a car like mine. Just wondering if I get loss of use for the days I have had a rental while my car was in the body shop. I should be entitled to the difference between the fee to rent a car like mine minus what they’re actually paying for a rental. Thanks

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