popmom Posted April 12, 2011 Share Posted April 12, 2011 Sorry this is long--but I really need some advice on this! I was in a relatively serious car accident in February. I was turning left (major highway) on a green arrow and a young man ran the red light and hit me on the passenger side fender/door. He was flying--probably 60 mph--and never even slowed down. He never saw the red light or me. I was in a lot of pain right after impact, so I was taken by ambulance to the ER. I had no serious injuries, thankfully, but it was a terrifying experience. The impact was horrific. I had whiplash, bruised ribs, and soft tissue injuries across hips and lower abs from the seat belt. The seatbelt and airbag did their jobs and kept me safe! I am so grateful for that. The guy who hit me works for a major pharmaceutical company and was driving a company owned car at the time. The insurance company isn't your typical car insurance company--rather it's a risk management company for businesses. They have accepted fault on the claim. At first they were super nice and cooperative--saying I would receive reimbursement for all medical bills, etc. --even going so far as to say that I would receive a settlement for "pain and suffering". So far, to my knowledge, they have not paid out one penny on my accident. My car insurance co paid us for the totalled van and will collect from them later. We tried to submit a list w/ photos of personal property destroyed in the accident (Britax car seat, laptop computer, and 2 cans of paint). First they tried to pawn us off on to our own insurance company. That's ridiculous. Then we were told that they would not pay replacement value and that we would have to submit a receipt for everything--including the computer that is 3 yrs old. Ok I understand not getting full replacement (even though it's really not right), but who keeps receipts for purchases made 3 yrs ago? We have not heard a word from them since. They have asked me to sign a medical release which would give them access to ALL of my medical records, and I have not signed it. They say it has to be signed in order for them to pay my medical bills. Is this true? I have to relinquish ALL privacy for them to pay my ER bill? I really, really do not like the idea of getting an attorney involved, but I'm starting to think I may need one. It's just me by myself trying to negotiate this stuff w/ someone who is professionally trained to pay out as little as possible on this accident. I'm scared of how much it will cost me to get an attorney. I really, really do not want to sue. I just want to be reimbursed for my expenses and personal property. And yes, I'll be happy to be reimbursed for some pain and suffering. It was every bit as painful as my c-sections--more painful, actually. And I'm still dealing w/ neck pain and vertigo. I don't have time for this! Is there an easier way to do this? Anybody w/ any experience in hiring an attorney? Will it make this easier or worse? I am having so much anxiety over this. I just want it all over with, yk? I'm not greedy, and just want to make sure I'm not making any mistakes with this. Thank you taking the time to read this! Quote Link to comment Share on other sites More sharing options...
SonshineLearner Posted April 12, 2011 Share Posted April 12, 2011 Yup... you need an attorney!! Get one before you sign any papers or checks... Sometimes signing checks can end up really bad for the future chance of getting what you should. (Make sure anything you sign or take... has NOTHING about it limiting your future entitlement.) Sorry :( Quote Link to comment Share on other sites More sharing options...
popmom Posted April 12, 2011 Author Share Posted April 12, 2011 It makes my heart pound every time I think about it! How do I know how to choose one? I have never needed one other than for real estate, or power of attorney for elderly family--that type of thing. I'm terrified at the thought of this! Quote Link to comment Share on other sites More sharing options...
DarlaS Posted April 12, 2011 Share Posted April 12, 2011 Sorry this is long--but I really need some advice on this! I was in a relatively serious car accident in February. I was turning left (major highway) on a green arrow and a young man ran the red light and hit me on the passenger side fender/door. He was flying--probably 60 mph--and never even slowed down. He never saw the red light or me. I was in a lot of pain right after impact, so I was taken by ambulance to the ER. I had no serious injuries, thankfully, but it was a terrifying experience. The impact was horrific. I had whiplash, bruised ribs, and soft tissue injuries across hips and lower abs from the seat belt. The seatbelt and airbag did their jobs and kept me safe! I am so grateful for that. The guy who hit me works for a major pharmaceutical company and was driving a company owned car at the time. The insurance company isn't your typical car insurance company--rather it's a risk management company for businesses. They have accepted fault on the claim. At first they were super nice and cooperative--saying I would receive reimbursement for all medical bills, etc. --even going so far as to say that I would receive a settlement for "pain and suffering". So far, to my knowledge, they have not paid out one penny on my accident. My car insurance co paid us for the totalled van and will collect from them later. We tried to submit a list w/ photos of personal property destroyed in the accident (Britax car seat, laptop computer, and 2 cans of paint). First they tried to pawn us off on to our own insurance company. That's ridiculous. Then we were told that they would not pay replacement value and that we would have to submit a receipt for everything--including the computer that is 3 yrs old. Ok I understand not getting full replacement (even though it's really not right), but who keeps receipts for purchases made 3 yrs ago? We have not heard a word from them since. They have asked me to sign a medical release which would give them access to ALL of my medical records, and I have not signed it. They say it has to be signed in order for them to pay my medical bills. Is this true? I have to relinquish ALL privacy for them to pay my ER bill? I really, really do not like the idea of getting an attorney involved, but I'm starting to think I may need one. It's just me by myself trying to negotiate this stuff w/ someone who is professionally trained to pay out as little as possible on this accident. I'm scared of how much it will cost me to get an attorney. I really, really do not want to sue. I just want to be reimbursed for my expenses and personal property. And yes, I'll be happy to be reimbursed for some pain and suffering. It was every bit as painful as my c-sections--more painful, actually. And I'm still dealing w/ neck pain and vertigo. I don't have time for this! Is there an easier way to do this? Anybody w/ any experience in hiring an attorney? Will it make this easier or worse? I am having so much anxiety over this. I just want it all over with, yk? I'm not greedy, and just want to make sure I'm not making any mistakes with this. Thank you taking the time to read this! Yes. It would seem that in this situation an attorney is a MUST. There's no doubt who is at fault. Asking for your medical records is a delay tactic. They are doing this crap to you BECAUSE you don't have a lawyer. Quote Link to comment Share on other sites More sharing options...
Unicorn. Posted April 12, 2011 Share Posted April 12, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. Quote Link to comment Share on other sites More sharing options...
Margo out of lurking Posted April 12, 2011 Share Posted April 12, 2011 Your insurance company should be dealing with this, not you. This is what you have insurance for. What does your insurer say? I would immediately stop all contact with the other driver's insurance company and get answers from my own company first. You go through your own company, and they are responsible for dealing with the other driver's ins. co. (Please remember that different state laws may apply.) For any reason, if you end up hiring your own attorney, please, please start by looking at attorneys who normally represent insurance companies. In my prior life, I was a legal secretary, and while the attorneys I worked for were honest and trustworthy (but the large insurance company-clients were not!), I would be loathe to trust anyone 1) who advertises on billboards, backs of telephone books, etc., or 2) whose primary practice is personal injury law. If you cannot find any personal referrals, you might look at http://www.martindale.com, and search for "insurance defense" and your town/nearest metro area as a starting point. Quote Link to comment Share on other sites More sharing options...
EJCMom Posted April 12, 2011 Share Posted April 12, 2011 I would hire an attorney if for no other reason than to let him or her deal with this and you can concentrate on other things. Typically in situations like these you don't pay the attorney out of pocket, rather the attorney will take a percentage of the settlement. :grouphug: For what you're going through. Quote Link to comment Share on other sites More sharing options...
Liz CA Posted April 12, 2011 Share Posted April 12, 2011 I would get an attorney. You aren't seeking to get rich, just asking for fair payment for loss. It sounds like they are not doing that. Yes. Sorry, it's a pain, I know but think that there may be a chance of things not healing completely and you may need follow-up doctor appointments, physical therapy, chiropractic adjustments, etc. You need legal representation so they know they cannot *play* around. Don't ever think they are "nice." They are paid to minimize their loss = payments to you even if their party was at fault. Quote Link to comment Share on other sites More sharing options...
Moxie Posted April 12, 2011 Share Posted April 12, 2011 It makes my heart pound every time I think about it! How do I know how to choose one? I have never needed one other than for real estate, or power of attorney for elderly family--that type of thing. I'm terrified at the thought of this! If you have worked with any kind of attorney in the past and you have one you TRUST, ask them to refer you to someone they trust. :grouphug: Quote Link to comment Share on other sites More sharing options...
In2why Posted April 12, 2011 Share Posted April 12, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. Yep if you submit the claims to your insurance then they will make sure to get their money from the other driver. But if you want pain and suffering then you need an attorney. Expect to pay 35% to 40% of any settlement to the attorney. Ask your insurance company. You do not want the type of attorney that advertises on late night TV. They take an even larger cut and operate on the basis that they have the most clients with little education so if they get anything they are ahead of the game. You should get replacement cost, not current value of your property. They have to make you as whole as you were before the accident. Quote Link to comment Share on other sites More sharing options...
Jann in TX Posted April 12, 2011 Share Posted April 12, 2011 DH was driving our Suburban and 7 teen girls (2 of them mine) on a Spring Break day trip. I was following with my parents and dd8 in another car a few miles behind. I got a frantic call from DH-- they were rear-ended at HIGH speed when DH slowed to avoid a MAJOR wreck. The lady in the car behind DH was speeding and she failed to notice the other cars flying THROUGH THE AIR! One of the girls in our car broke her back (luckily no paralysis--but permanent back pain) and 2 girls had serious concussions--one was my middle dd. Oldest dd and DH had severe whiplash--other 3 girls were uninjured! Middle dd had hearing loss/hearing pain consistently for over 6 months--and now occasionally--a few times a week. Our Suburban was totaled. Car Insurance A will NOT pay a dime. They say that the car that caused the initial accident that made DH slow down (he had several seconds to prepare and he did NOT slam on the brakes) was to blame.... Car Insurance S will NOT pay a dime. They say the car that hit us is fully to blame for not paying attention to traffic (major highway with moderate-heavy traffic in an area known to bottle neck). So we are out the $$$ for a car AND medical bills.... our own medical will not cover it because it was not our fault!!! If they did, we still had a $3000 deductible. Luckily our Insurance (USAA) gave us some money towards a replacement car--but you cannot purchase a Suburban for $4000. They sued Car Insurance A and S and got their money back. Car Insurance A offered us 30% of total damages--not including the car. We told them no and called a lawyer. Car Insurance S has been stalling-- so after one year NOTHING has progressed--but we should get a court date in a few months and then they will HAVE to settle. It is terrible how you have to pay 30% or more of what was due to you in lawyer fees-- and if you don't get a lawyer you only get 30%! We have debt for the first time in many years... grrrrrr GET A LAWYER--- and be prepared for it to take a year or more. Quote Link to comment Share on other sites More sharing options...
lionfamily1999 Posted April 12, 2011 Share Posted April 12, 2011 I would get a lawyer. Ime, ins companies (even your own) will happily take advantage of you whenever they can. I have no compassion for a company. It's not a person. It's a business out there to make money. Quote Link to comment Share on other sites More sharing options...
Liz CA Posted April 12, 2011 Share Posted April 12, 2011 Jann, I remember your original post on this. I can't believe it's been this long. I hope you get a nice settlement since you wrote one of your kids is still in pain. Unbelievable how they are dragging their feet even though they must know they have to pay in the end! Quote Link to comment Share on other sites More sharing options...
Cera Posted April 12, 2011 Share Posted April 12, 2011 I would definitely hire a lawyer. Most will offer you an initial consultation for free which will give you an idea of what they expect to be able to collect and how long they expect it to take. If you can get a personal referral from someone you trust or from a lawyer you have worked with in the past and liked that is great. If not most state bar associations have a referral service. If you call and specify the type of case you have they will recommend a lawyer who is in your area and in good standing with the bar that takes your type of case. Quote Link to comment Share on other sites More sharing options...
Heatherwith4 Posted April 12, 2011 Share Posted April 12, 2011 Absolutely get a lawyer. I hope you can find someone who will be able to help you! :grouphug: Quote Link to comment Share on other sites More sharing options...
Mom0012 Posted April 12, 2011 Share Posted April 12, 2011 Your insurance company should be dealing with this, not you. This is what you have insurance for. What does your insurer say? I would immediately stop all contact with the other driver's insurance company and get answers from my own company first. You go through your own company, and they are responsible for dealing with the other driver's ins. co. (Please remember that different state laws may apply.) For any reason, if you end up hiring your own attorney, please, please start by looking at attorneys who normally represent insurance companies. In my prior life, I was a legal secretary, and while the attorneys I worked for were honest and trustworthy (but the large insurance company-clients were not!), I would be loathe to trust anyone 1) who advertises on billboards, backs of telephone books, etc., or 2) whose primary practice is personal injury law. If you cannot find any personal referrals, you might look at http://www.martindale.com, and search for "insurance defense" and your town/nearest metro area as a starting point. :iagree: Your insurance company should have their own attorneys they can use if necessary. The only reason I would get an attorney is if your insurance company refuses to take action (which may be the case if it is taking this long??). Have you received any reimbursement at all? I would not deal with the other insurance company or even speak with them. I would speak only to your own insurance agent. Lisa Quote Link to comment Share on other sites More sharing options...
Lawana Posted April 12, 2011 Share Posted April 12, 2011 Yes. You do need an attorney. A friend of mine was rear ended at a red light by a car going about 50 mph. Long story short─the insurance co of the at-fault driver decided to play hardball and declined to pay medical bills. Friend's own insurance co (a major national co, who they had been insured with for over 10 years with no claims) did almost nothing to help. Friend and her dh were asking for actual medical expenses only, not even pain and suffering. (Her dh had to have neck surgery, and the pain has sidelined him from many activities.) It took 4 years, depositions (at the location of the crash, over 300 miles from their home), delays, and more depositions before the ins. co. finally settled, a few days before a court date. It was a horrible, horrible experience. Do not assume that involved parties with act honorably, or even legally. Keep detailed phone logs and records. Protect yourself. Be prepared to fight tooth and nail for what you are rightfully due. Be prepared to be dragged through the dirt, accused of all kinds of things. Then if this does go away sooner than later, feel blessed. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted April 12, 2011 Share Posted April 12, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. :iagree: When I was involved in a bad accident, my insurance company and their lawyers handled the whole thing. I never had any contact with the other (at-fault) guy's insurance company. Quote Link to comment Share on other sites More sharing options...
Alicia64 Posted April 13, 2011 Share Posted April 13, 2011 I would definitely get an attorney. And make a stink. The bad drivers will ultimately "pay" by having their insurance raised or his boss will be mad etc. etc. You might be saving somebody down the road. Just talk to 4 or 5 attorneys and only pick one that you actually have a good gut feeling about. We needed an attorney and thankfully I talked to 4 before I picked the guy that seemed kind and human to me. Alley Quote Link to comment Share on other sites More sharing options...
nd293 Posted April 13, 2011 Share Posted April 13, 2011 Your insurance company should be dealing with this, not you. This is what you have insurance for. What does your insurer say? I would immediately stop all contact with the other driver's insurance company and get answers from my own company first. You go through your own company, and they are responsible for dealing with the other driver's ins. co. Exactly what I was thinking. As I understand it, you submit claims to your insurance, and they get it sorted out with the other company if the other driver is at fault. At the very least try this before getting an attorney. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted April 13, 2011 Share Posted April 13, 2011 I really, really do not like the idea of getting an attorney involved, but I'm starting to think I may need one. It's just me by myself trying to negotiate this stuff w/ someone who is professionally trained to pay out as little as possible on this accident. I'm scared of how much it will cost me to get an attorney. I really, really do not want to sue. I just want to be reimbursed for my expenses and personal property. And yes, I'll be happy to be reimbursed for some pain and suffering. It was every bit as painful as my c-sections--more painful, actually. And I'm still dealing w/ neck pain and vertigo. I don't have time for this! Is there an easier way to do this? Anybody w/ any experience in hiring an attorney? Will it make this easier or worse? I am having so much anxiety over this. I just want it all over with, yk? I'm not greedy, and just want to make sure I'm not making any mistakes with this. Thank you taking the time to read this! First, some :grouphug:s. Why on earth is your insurance company not dealing with his insurance company? They should be dealing with all of this for you. For all parts of it, not just the vehicle replacement. You need to talk to them again. Your company is supposed to represent you all the way on this kind of thing. Quote Link to comment Share on other sites More sharing options...
popmom Posted April 13, 2011 Author Share Posted April 13, 2011 (edited) Thanks for all the help--really. It gives me the motivation to do what is right. If you have worked with any kind of attorney in the past and you have one you TRUST, ask them to refer you to someone they trust.:grouphug: This makes good sense--thanks. :iagree: Your insurance company should have their own attorneys they can use if necessary. The only reason I would get an attorney is if your insurance company refuses to take action (which may be the case if it is taking this long??). Have you received any reimbursement at all? I would not deal with the other insurance company or even speak with them. I would speak only to your own insurance agent. Lisa I have been reimbursed for the totaled van, and we have already replaced it w/ one that is equivalent. That's it so far. My insurance company is a major national company, but so far no mention of them helping me collect from the other company. And I agree w/ you--I haven't spoken w/ anyone at the other company since they gave us the run around several weeks ago. I've just been mulling over in my mind what I'm going to do about all this. I won't have any further contact w/ them. First, some :grouphug:s. Why on earth is your insurance company not dealing with his insurance company? They should be dealing with all of this for you. For all parts of it, not just the vehicle replacement. You need to talk to them again. Your company is supposed to represent you all the way on this kind of thing. Maybe it's my state's laws???. My insurance company is going after them for the vehicle, but that's it. I will say--my insurance co has offered to pay for my medical bills but we didn't want them to. We wanted "at fault's" company to pay. We are nervous about our company finding an excuse to raise our rates. The biggest bill so far (my ER bill)--I gave the "at fault" insurance companys info/claim number, etc so that it could be billed directly to them. It hasn't been paid yet. And I still have a few copays that I need to be reimbursed for. Haven't received a bill from the ambulance company yet... I will be making a phone call to my agent tomorrow to pin him down on some of this. But like someone said previously--I don't even trust my own company at this point. None of them have my best interests in mind. They are ALL out to minimize pay outs--and raise rates! Thanks, too, to those who shared their personal experiences w/ this. I am so sorry you have had to deal w/ such a nightmare. I have been on the other side of this-- My husband and I were sued (frivolously and fraudulantly-- fake injuries--this worker also tried to sue his own worker's comp!) over an accident that happened while our house was under construction many years ago. We had builder's risk insurance, and that policy covered an attorney for us in that case. We didn't have to lift a finger. Long story short-- the judge issued a "summary judgement" in our favor. Our ins. co. didn't have to pay out even a dime in settlement. But still...it hung over our heads for over a year before we got that decision in our favor. :( I sure hope this doesn't take that long! ETA: That's been over 10 years ago--I wish I could find out who those attorneys were, but I think they worked for the insurance company... I'll have to ask my husband if he remembers. Edited April 13, 2011 by stephensgirls Quote Link to comment Share on other sites More sharing options...
OnTheBrink Posted April 13, 2011 Share Posted April 13, 2011 1) As the others have said, get an attorney. 2) No, you don't have to relinquish all your medical records for them to pay the bills. They don't need to know you had your tonsils out when you were 9, kwim? They will need proof of the injuries, but there are specific releases of information for that, and specific forms for your doctor to fill out. You have complete control over what medical documentation is released to anyone. Your attorney will handle that and since you'll have to sign all releases of information, you'll know exactly what documentation is requested and what will be released. Quote Link to comment Share on other sites More sharing options...
DawnL Posted April 13, 2011 Share Posted April 13, 2011 Your insurance company should be dealing with this, not you. This is what you have insurance for. What does your insurer say? I would immediately stop all contact with the other driver's insurance company and get answers from my own company first. You go through your own company, and they are responsible for dealing with the other driver's ins. co. (Please remember that different state laws may apply.) For any reason, if you end up hiring your own attorney, please, please start by looking at attorneys who normally represent insurance companies. In my prior life, I was a legal secretary, and while the attorneys I worked for were honest and trustworthy (but the large insurance company-clients were not!), I would be loathe to trust anyone 1) who advertises on billboards, backs of telephone books, etc., or 2) whose primary practice is personal injury law. If you cannot find any personal referrals, you might look at www.martindale.com, and search for "insurance defense" and your town/nearest metro area as a starting point. :iagree: Yes, you should sic your insurance company on their insurance company. And you should absolutely have a lawyer representing your best interests. If your insurance company doesn't supply one, they should definitely recommend one. But this is what insurance is for. To put it in perspective, in February, my daughter dislocated her knee. She was just playing around at home and that had never happened before. But our medical insurance company sent us a form letter asking for more details. They wanted to know if they should consider suing someone. (you know, if this was caused by an accident, negligence on the part of someone, etc.) THIS is what insurance is for. And :grouphug: I'm sorry you are going through this. Quote Link to comment Share on other sites More sharing options...
Alessandra Posted April 13, 2011 Share Posted April 13, 2011 (edited) Ask every single person you know if they know any attorneys at all. Then talk to those attorneys -- lawyers in one speciality know lawyers in other specialities -- went to law school together, worked together at one point, etc. So even your friend's friend's divorce attorney may be the start for some good leads. And, please, interview (phone is fine at first) more than one attorney. Each will have a different take on the situation, different personality, etc -- one will surely feel right to you. When you ask about fees, be sure to check what hourly segments they bill in. You don't want to pay the for, say, a quarter-hour for a five minute phone call. Ask whether they use an associate -- personally I would avoid this. In a case like yours, some attorneys will give you a choice of hourly fees or some proportion of a settlement. I once knew a lawyer who not only offered you the above two choices, but also offered to give you advice so you could negotiate yourself. Not trying to scare you, but just to point out that there are lots of different options out there. Oh, and IMHO, the "best" firms -- the ones featured in local magazines -- may not always be the best for you. ETA Don't feel that you are taking up a lawyer's time by asking for recommendations. Most attorneys like giving recommendations, because it is a matter of favors that will come back to them, when they get recommended by someone. Edited April 13, 2011 by Alessandra Quote Link to comment Share on other sites More sharing options...
ourjourneys Posted April 13, 2011 Share Posted April 13, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. When I had state farm insurance, I remember always seeing that my insurance would cover lawyers in case of accidents. You may check with your insurance company and see if they will provide a lawyer in this case. It would be in their best interest so that they do not have to pay too much out of pocket. I would think that they would not be responsible to pay for your van, but rather the other guys insurance. Quote Link to comment Share on other sites More sharing options...
thescrappyhomeschooler Posted April 13, 2011 Share Posted April 13, 2011 You need an attorney. I second the previous poster's advice about getting a recommendation from another attorney you trust. Either that, or call your local bar association for a referral. Your attorney will more than likely have you sign a medical release form so that they can get all the ER records from the hospital. The attorney will handling all the dealing with the risk management company from now on. The attorney will also deal with the insurance company. Attorney offices deal with these things on a daily basis, so they will know how best to approach the situation and to get all of your bills paid by the risk management company. The sooner you do it, the better because of issues of statutes of limitations. I used to be the office manager/bookkeeper for a large attorney firm and I'm married to an attorney. I've seen people visibly relax after they realize they don't have to fight this thing on their own. ETA: Just wanted to say that your insurance company could deal with it also, but their prime interest is keeping their costs down. An attorney's prime interest is getting you the settlement you're entitled to. Quote Link to comment Share on other sites More sharing options...
Trish Posted April 13, 2011 Share Posted April 13, 2011 Absolutely. Get. Attorney. Quote Link to comment Share on other sites More sharing options...
KellyKelley Posted April 13, 2011 Share Posted April 13, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. This. I had a wreck a few years ago and when the other drivers insurance started being a pain I called my agent and he took care of the rest. I did get a brand new carseat out of the deal. Quote Link to comment Share on other sites More sharing options...
Hwin Posted April 13, 2011 Share Posted April 13, 2011 Yes, definitely get an attorney. When I was injured in an accident, I consulted one. We didn't end up suing or anything, but he helped me fill out the paperwork for the other insurance company. He did not charge me any money, either. The other insurance company was no problem. It was mine, Geico, that was awful. I guess there is no budget to pay claims when you are spending all your money producing cheesy commercials. Quote Link to comment Share on other sites More sharing options...
JFSinIL Posted April 13, 2011 Share Posted April 13, 2011 I would talk to my insurance agent first, and see if they can get you the money. If not, they might be able to recommend an honest attorney. I agree. Make your agent earn their keep! Quote Link to comment Share on other sites More sharing options...
popmom Posted April 13, 2011 Author Share Posted April 13, 2011 Well, I am dreading making all these phone calls, but I am going to start today. I already have one name, but I need to get a few more. Thanks, everyone. Quote Link to comment Share on other sites More sharing options...
simka2 Posted April 13, 2011 Share Posted April 13, 2011 I was in a very similar accident and had to get a lawyer. Eventually, we settled out of court, and I recieved a fairly large settlement. Both drivers had the same insurance, so my insurance had a conflict of interest. Quote Link to comment Share on other sites More sharing options...
rlugbill Posted April 13, 2011 Share Posted April 13, 2011 I am a lawyer. I used to do some of this type of work, but don't any more. Anyway, the people who are saying you can have your insurance company handle it are misinformed. You have liability insurance to cover if someone sues you, not for you to sue others. You need to get your own attorney. I agree with the poster who said to contact a local attorney to get a referral. You want an attorney who at least occasionally tries cases, not an attorney who settles every case. But a settlement is probably what you are looking for, if there is clear liability, which it sounds like there is. The only issue is damages. And yes, they will need to see your medical records to determine the amount of damages. People think that plaintiff's lawyers are sleazy, but they aren't necessarily. It's insurance defense attorneys who want to depose every doctor you've ever seen in your life who run up the big bills. That way, they can make more money and possibly convince a jury it was a pre-existing condition, not caused by the accident and make you out to be a liar and gold-digger. Plaintiff's firms have been forced to advertise because all of the business goes to the firms who advertise. If you don't, you don't get the cases. Quote Link to comment Share on other sites More sharing options...
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