I am so sorry this happened to you. My thoughts and good luck wishes to you!

***Sactokings answer was very, very good and very informative. I’m sorry if I abbreviated too much in trying to say something similar (well, my advice to get an attorney is just for your protection, but it is definitely a family choice and does have drawbacks). Hopefully you won’t need to go beyond insurance companies, but he’s right…document EVERYTHING. God forbid you have to sue the estate because the meds go over his policy limits. Bless you***

Let me get this straight… you are worried about getting the most you can of money for "pain and suffering" from a dude who was killed in an accident? does that sound as selfish to anyone else as it does me? You want to "punish" his insurance for you having to watch him die? Arent you just happy that you got to live? I dont think anyone should benefit from someones elses death.

Yes, this was traumatic and you should certainly expect the at fault parties insurance to pay your injury bills and any counseling you may need… but expecting a large amount of money for having to see someone die.. im sorry.. that just hits me the wrong way. If you permanantly injured.. they yes, you are owed more for that.. but.. sounds like you dont even know yet.

If they give you the fair value of your vehicle and reasonable rental… as well as pay your medicals…. why would you want to delay it all by hiring a scumbag lawyer who is going to try to take a deceased person for all they are worth? ugh… that really just hits me the wron gway.

The reasons you state you want more money "im so mad they were going over the speed limit" and "the car has sentimental value"- have NOTHING to do with personal injuries. You think your going to punish him for going fast by taking money from his insurance? How does that punish a dead person? And you are only owed actual cash value of the car… "sentimental value" has nothing to do with the settlement legally.

Are you SURE the rental is for 70 days? That’s not right - usually its until they cut you a check for your car.

Yes, you can settle the property damage/medical/pain and suffering seperately from each other. Don’t rush to get an attorney, you do NOT have severe injury, they’re only going to slow down the process and take 30%.

"Sentimental value" isn’t insurable, sorry. It’s not covered. You’ll get actual cash value, which should be right around the http://www.kbb.com private party sale price.

HOWEVER. What you’re entitled to can vary WILDLY by state law. Some states, you can ONLY collect up to your own medical limits, some states you need to have "severe injuries" defined by dollars or description. MOST states won’t cover "mental anguish" or post traumatic stress syndrome.

You’re going to have to talk this over with your agent, to see what is and is not reasonable, in your state, with your tort options, with your coverages, etc.

Let’s start with the damage to your vehicle. If your vehicle was a total loss, do not assume that you will get at least $1600 (the amount you owe on it). The other carrier only owes you the Actual Cash Value of the car that was totalled. If the vehicle was a Geo Metro worth $400, you will only get $400. The rest of the payoff amount will come out of your pocket. Whatever the value of the vehicle, the insurance company is obligated to pay off your loan first. If the auto damage settlement does not cover the repayment of the loan, you must pay the rest. If it does, the amount of settlement over and above the payoff will be sent to you. If you do not agree with the settlement offered by their carrier, you can make a collision claim on your policy if you have that coverage. More often than not, your carrier will value the car higher than the other driver’s. You will be liable for the deductible on your collision coverage, but if the other carrier has already accepted liability you should get that back. Your insurance company will send the bill to the other company in what’s called a ’subrogation’ action, so don’t worry about your rates. They won’t go up. The advantage of using your collision coverage is that your policy should have an appraisal clause. If you don’t agree with the value your own company assigns to the car, you can invoke that clause and hire your own estimator to value the car. You do not have that right when you deal with the other insurance company. You can settle your auto damage claim separately from the bodily injury, and it most cases it’s advised. One thing that’s odd is the fact that the other insurance company had you in a rental for over two months. While they are legally obligated to provide you with a vehicle similar to the one that was hit, they are only obligated to do so until your car is fixed or, in the case of a total loss, a loss settlement has been OFFERED. The minute they make an offer, whether it is fair or not, they can pull the rental out from underneath you. That gives you incentive to settle quickly, just make sure you don’t get taken to the cleaners.

On the injury side, things get much more complex. In most municipalities, you only get ONE shot at settling your injury claim. In exchange for the check, the insurance company will require that you sign a Release of All Claims. Once you sign that release, you cannot get a penny more from the insurance company and you cannot sue the estate of the other driver. Be sure that you have all of your bills in before you settle!

Your physical injuries sound fairly common for a rear-ending accident. I would imagine you being sore for a while, but eventually everything should heal. If it doesn’t be sure to go back to the MD and request additional testing for cervical bulge or other disc problems.

My advice on attorneys is this: don’t take advice from ANYONE as to whether or not you should hire an attorney. Most people are either unqualified to offer an opinion, have an agenda, or both. Only YOU and your family can make that decision for yourself. I can tell you that there are ups and downs to attorneys in auto accidents. Attorneys provide you with a safety net. When you hire one, they will become your representative to the insurance company of the other driver. The claims person CANNOT contact you. That relieves stress in many people. Also, the attorney will not let you make a serious blunder, since they will be handling the whole thing. On the downside, attorneys often require 40% or more of the settlement as their fee. Also, hiring an attorney does not put the fear of God into insurance companies. Having legal representation does not guarantee you more settlement money. I’ve seen good attorneys get much, much more that the claimant could have and I’ve seen bad attorneys settle for less than we were willing to offer the claimant before they were represented. No attorney wants to litigate these issues, so they’re really just a negotiator on your behalf. You need to balance the concerns you have about negotiation with the possibility that you could receive substantially less in a settlement after the fees are paid.

The key to getting money on your claim is knowing what drives an insurance companies evaluation. Cervical strain, thoracic strain, and knee strain are minor injuries. Settlements vary by jurisdiction, but you could expect medical bills plus a few hundred dollars in ‘inconvenience’ for each injury. It sounds like your largest medical trouble, and the driving force to your claim, is the psychological effect the accident had. The key to treatment and reimbursement is to be sure that the doctor you see is QUALIFIED to handle it. My guess is that the insurance company will argue that an MD of almost any sort is not qualified to diagnose and treat something like Post-traumatic Stress Disorder. You need to get immediately to a psychologist or psychiatrist for help with your mental anguish. Have them fully document EVERYTHING. Even then, it will be a challenge, as something as nebulous as ‘mental anguish’ is highly contestable due to the number of unscrupulous people that claim it.