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Thread: Car accident... get a lawyer or handle it solo?

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    God/dess Selina M's Avatar
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    Default Car accident... get a lawyer or handle it solo?

    Hey SW,
    I posted about this in ladies only but thought the blues might be of some help

    So I got rear-ended on Saturday. The police came & wrote her a ticket. I had a severe headache and neck pain, so my friend took me to the ER. Got diagnosed with neck sprain (whiplash is a bad word apparently). My shoulder is also messed up and my PCP diagnosed me yesterday with an additional deltoid sprain/tear, he couldn't tell exactly which without further tests.

    Damages: I've missed 3 days at the club since, plus Dr. told me to leave it alone for another 5-7 days.
    The car repairs today were estimated at $7400, BEFORE they look inside. They are pretty sure there's additional damage underneath and it could go up to $12k Body shop guy said I am entitled to diminished value as well, since the car is nearly new... ballpark on that is probably $3-$5k. My medical bills aren't terribly high, I would guess an ER trip plus x-rays plus my PCP yesterday is around $2000. I haven't been told to see a chiro or anything yet, it's in the 'wait and see' phase so I can't grand-total those yet. Then we have lost wages which is its own bucket of worms; the lawyer I did consult with said that for proof, he could take a letter from the club stating my range of profit per shift plus how long I've been gone from work. Add pain & suffering which is completely random what the insurance co agrees to give out.

    I was not keen on hiring a lawyer bc I don't want to give up ⅓ of my settlement money. This isn't a 6 figure case where there's tons of extra money flying around.

    HOWEVER, I am having issues with the other party's insurance already. It's a 'subpar, high risk' company, and everyone I've spoken to says they are a nightmare. The body shop guy said he's had a car there for 2 months bc they're refusing to pay suddenly. They don't have one good review on the entire internet.
    My insurance (a big name company) spoke to them on Monday, then called me to say "Ok they took liability, said they're paying for your repairs & a rental car, case with us closed, call them". Their adjuster did not return my phone calls for 2 days and is now out of the office. I got patched to someone else, who rudely told me they needed a statement from me and had NOT taken liability, and "your insurance agent does not work here so he doesn't know anything", then hung up on me.

    So, with all the random things I'm going to have to claim for, and what this company is already showing to be their "customer service", should I lawyer up or try to handle it alone?
    "People jack off with the left hand and point with the right."

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    Featured Member BambiCutie's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    I'd say lawyer up! It may be annoying having to go through the paperwork and long wait but in the end its worth it. Otherwise, you are in for a world of future headache..
    Also, going in alone can be extremely frustrating if you don't have the patience for other's bull.
    Last edited by BambiCutie; 11-18-2015 at 09:54 AM.

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    God/dess miss.a.p1600's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    ^^^^agreed. I think you should let the lawyers work for you. The good ones know how to move things along and people seem to magically act with swiftness when they realize they are in trouble with the law.

    You don't need to be worrying about the nuances while you are trying to heal and recover physically and emotionally.

    I've used lawyers before (for different kind of situation) and while it was stressful cause I've never gone through legal process before, it helped tremendously having someone who had my back and was aggressive enough to get out of the other party what I probably couldn't have gotten or would have took up more of my time to get had I tried to do it all myself.
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    Default Re: Car accident... get a lawyer or handle it solo?

    Would you fill your own teeth, or take out your own appendix ?

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    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Quote Originally Posted by slowpoke View Post
    Would you fill your own teeth, or take out your own appendix ?
    Well like I said, this isn't the kind of high-dollar case where someone lost a leg or died. Didn't seem that "extreme". The attitude of the insurance however is making me think they obviously will not play ball fairly, so that changes things.
    "People jack off with the left hand and point with the right."

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    Veteran Member Dominic.2's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Is this one of those advertise on TV lawyers with an '800' number? That price -- 1/3 of settlement -- where did you get that from? That sounds kind of high. Usually you use those for the massive payout claims where if you don't win; the lawyer doesn't collect. Basically, here, winning should be a given. The other driver is at fault. So I would get a lawyer experienced with car accident claims; who is experienced, but has reasonable Time & Materials rates.

    Where do you find one? There are a few places. 1. You can call the local bar association and get a referral to one. 2. Your insurance agent (if you have a traditional agent) can probably recommend a lawyer who either the agent has used or other customers have used. Often this guy is experienced and works cheap, err, at least 'reasonable' for a lawyer. #2 is where I would start first. It is also possible that your full service insurance agent can also lend a hand in some of this. The ones either me or my family have used (State Farm or Farmers) have had helpful agents. 3. Do you know a controller or the head accountant at your vanilla job? Often the controllers sort of 'know everybody' and probably either knows a few lawyers or he or she knows a person who knows a person, if you catch my drift.

    I'd see if you ins. Agent knows someone, first.

    (PS: if your ins. Agent is a full service one, he or she can often help give you some guidance on how you should approach and do things, since they see this stuff all the time. This will help you with some of the frustrations you are seeing and the run-around everyone is giving you. It can get kind of expensive using the lawyer for everything. )

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    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    ^
    It was from the lawyer I spoke with (not a TV guy) ... I went online, read reviews, etc. This firm had stellar reviews so I called them. Obviously I will shop around but I won't be surprised if it's similar. Everything I've read about these situations says it's common for them to charge 25-40% even regardless of how 'easy' it is.

    The body shop guy gave me the number of a retired lawyer who now does diminished value assessments. I assume he may know somebody else so I will ask him.
    "People jack off with the left hand and point with the right."

    "You can check out any time you like, but you can never leave."

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    Default Re: Car accident... get a lawyer or handle it solo?

    I might brace yourself for the fact that even if in the end you are owed money you can't get blood from a rock
    "There are different kinds of darkness. There is darkness that frightens, the darkness that soothes, the darkness that is restful. There is the darkness of lovers, and the darkness of assassins. It becomes what the bearer wishes it to be, needs it to be. It is not wholly bad or good."
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    Default Re: Car accident... get a lawyer or handle it solo?

    I tend to go w get atty. From my understanding 30per cent's standard. Check out the site Nolo.com for articles, advice also.
    Good luck, that co. sounds like they'd try to F tou over.


    MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP

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    Veteran Member Dominic.2's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    I stand corrected Selina. I have never needed a lawyer for a settlement like this. The other times I needed them it was an hourly rate or I was just quoted something like $900-1000 flat fee. I just wanted to make sure you weren't over paying. Your research sounds solid.

    I would still use the lawyer, though. I've typically found them helpful and was satisfied to have used them.

    I would use one if I was in your circumstances with the other insurance company. That situation sure sucks though.
    Last edited by Dominic.2; 11-11-2015 at 02:11 PM.

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    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Lynn, I know. I'm sure the other person probably has the state minimum on property damage, which will not cover all my car damage if the quote goes much higher. I'm not allowed to bill my own insurer for the diminished value either. I don't know if a lawyer can somehow convince them to move it around so my UIM insurance pays for the repairs and the other party has to pay diminished value too.
    "People jack off with the left hand and point with the right."

    "You can check out any time you like, but you can never leave."

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    Default Re: Car accident... get a lawyer or handle it solo?

    Insurance companies settle because they don't want to see someone get a lawyer. If there is that much damage and that much injury a lawyer should be able to get them moving and motivated to pay up fairly to avoid a lawsuit. Also, insurance companies are never easy to deal with. The out of office thing is so common in the industry and you will spend so much time just trying to get in touch. Lawyer up and save yourself the headache.

    *ETA I would also think you could find an attorney to do this for a flat rate
    Last edited by BobbleHead; 11-11-2015 at 05:12 PM.

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    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    ^ I've dealt with Progressive and Geico before, and had the issues settled within a few days. Returned phone calls within 24 hours (on business days). I'm mostly concerned about that because it seems to be par for the course with this company to just ignore people for weeks when they're trying to avoid paying for things. If it was a company that wasn't 'subpar and high risk', I wouldn't be worried.

    I will check around for flat rate attorneys. The more I read about this company, the more I think I will inevitably need a lawyer just to get them to do anything at all.

    Thanks all who replied!
    "People jack off with the left hand and point with the right."

    "You can check out any time you like, but you can never leave."

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    Default Re: Car accident... get a lawyer or handle it solo?

    I just had to deal with Infinity and was literally assigned three claim adjusters. ALL three had voice mail messages saying that they were out of town until a certain date and all three dates were before I called. They just never bothered to update their messages weeks later.

    If you don't want to hire an attorney straight off I would at least consult a good one once the insurance company makes you an offer to see what they think.

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    God/dess rickdugan's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Just adding my two cents in agreeing that you need a lawyer. For starters, if you have collision coverage with your primary insurer, then I'm not so sure that they just get to punt the repair bill. However, medical claims are another matter. I think that you need a lawyer to help you sort all of this out and make sure that the right people stay on the hook.

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    Default Re: Car accident... get a lawyer or handle it solo?

    Lawyer up, but aside from your pain and suffering, damages for your injuries (medical bills) and lost wages may barely exceed the threshold amount for a small claims action. If your injuries turn into long-term chronic injuries that has a negative impact on your chosen profession, then maybe there will be a larger payout for you (and your lawyer).

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    Default Re: Car accident... get a lawyer or handle it solo?

    If you have collision insurance that should pay for the repairs to your car. File a claim. Let your insurance company worry about the other insurance company. That is part of what you pay them for.

    When you hire an attorney, you can also check his Martindale Hubble rating. Many lawyers who advertise only sign up cases for other lawyers and don't do any of the work themselves. Some are relatively inexperienced

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    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Bobblehead, it IS Infinity actually. I'd be curious to hear how your claim with them went, if you don't mind sharing.
    Their awful awful awful reviews are 90% of why I considered a lawyer. Most people said they did have to get a lawyer involved to get a fair settlement and/or their car fixed. I suppose even if I have to give the lawyer 33%, I'll still get a fairer settlement and faster than I would had I tried to deal with them alone.

    Rick: My insurance 'punted me' to them because Infinity had accepted fault and agreed to pay for it. Technically I think my claim is actually closed with mine, but I'm sure they'll re-open it if I ask. I don't mind waiting a *reasonable* period before getting it repaired, it is drivable and we do have a 2nd vehicle, but if this starts to drag on for weeks I may do as you suggested

    Danny: the max for small claims here is $2500. Med bills I estimate at around $2k, plus the 3 days I've missed at the club already exceed $2500 :/

    Slowpoke: thanks, I had not heard of that, I will check it out.

    I found an attorney I liked on the phone, so I may go with him. He is very no-bullshit, here's what you're entitled to, and I'm gonna get it. Seemed to know the ins-and-outs well, very sharp, quick and confident.
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    Default Re: Car accident... get a lawyer or handle it solo?

    Quote Originally Posted by Selina M View Post
    Bobblehead, it IS Infinity actually. I'd be curious to hear how your claim with them went, if you don't mind sharing.
    Their awful awful awful reviews are 90% of why I considered a lawyer. Most people said they did have to get a lawyer involved to get a fair settlement and/or their car fixed. I suppose even if I have to give the lawyer 33%, I'll still get a fairer settlement and faster than I would had I tried to deal with them alone.
    Actually Infinity is my insurance and dealing with them was still difficult. I could only imagine how they work with someone who isn't paying them.

    My claim was worked out after a lot of back and forth which included them initially placing the blame for the accident on me and then correcting that when I showed them a police report saying the opposite. Getting a live person or a quick call back was next to impossible though. Days went by after leaving messages that I wouldn't hear back. Like I said a lawyer will at least save you that headache. It would have been worth at least 33% to me looking back, but mine didn't involve injury, just damages.

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    Default Re: Car accident... get a lawyer or handle it solo?

    I just recently had to deal with a car accident and insurance companies. Nobody was injured or anything but I was sued for damages by the other party since my plan didn't cover all of their damages I guess and my insurance company hired a lawyer for me with no cost to handle everything. It was part of my plan or something and I didn't even have the best insurance company. Did you talk to your own insurance company about your plan and if it covers a lawyer or whoever they would hire for you? You can definitely get a lawyer involved even if nobody was killed or injured. I think we settled or something I never had to go to court or anything I just had to pay the other party myself. I'm guessing you would be the other party in this situation and they would be forced to pay you what you deserve. I guess I don't know if the other party hired their own lawyer or if their insurance company handled that for them. I just know my own insurance company hired their own lawyer for me and he handled everything on his own. But yes I think you should definitely lawyer up if they're being shady!

    Sorry if I described that poorly I didn't really understand the whole situation 100% lol.

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    Default Re: Car accident... get a lawyer or handle it solo?

    have you typed out a statement while the accident was still fresh in your head, remembering as many details as possible? do this asap.

    keep notes of your injuries, pain including dates.

    have a spreadsheet documenting your missed work so far. this may take a few months while you recover.

    have a spreadsheet documenting any costs related to this medical and monetary, such as a rental car. scan those receipts!

    i would claim this through your insurance, not theirs. their company seems like it will try and screw you. usually for accidents not your fault, you file a claim with your insurance and they go after the other party's like a rabid dog. your insurance is NOT doing its job. i had an asshole company like this and left them. i would lawyer up.

    you could check out avvo.com and read reviews there.

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  38. #22
    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    Alice: yes I actually did draft out a demand letter with description so once I'm done with treatment I can fire that off. I think I have chiropractic appts into next week. All I will have to do is calculate the dollar amounts. I have notes of every conversation etc with anyone.

    Bobble head: that's what I figured so I'm on high alert and writing down everything.

    The adjuster did call me back. She was surprisingly cooperative but I'm still suspicious. Didn't argue with the estimate ( they sent photos and an itemized list), said she'd set up a directly billed rental car, should start tomorrow.
    She asked if I was injured and I just told her yes, with x and x injury and I'd be pursuing that claim separately when treatment is done. Told her I had a lawyer ( though I haven't signed with one) so she'd drop it for now, which she did.

    22: I may end up suing the other driver too. I feel bad but I'm entitled to fair compensation and it's not fair that I have to take a loss on the value of my car bc she didn't carry enough insurance. $10k is a really small limit.
    "People jack off with the left hand and point with the right."

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    Default Re: Car accident... get a lawyer or handle it solo?

    Quote Originally Posted by Selina M View Post
    22: I may end up suing the other driver too. I feel bad but I'm entitled to fair compensation and it's not fair that I have to take a loss on the value of my car bc she didn't carry enough insurance. $10k is a really small limit.
    Don't feel bad because it really wasn't as serious as 'being sued' sounds. At first I freaked out when I was served papers but after getting in touch with the lawyer and them getting in touch with the other party it was pretty easy to deal with. They dropped everything as long as I agreed to pay, and my insurance company/lawyer even had money for me to go towards when they were suing me for. And the accident was my fault so thats what I get lol (I mean in my opinion there was no reason for them to go thru the process of suing me because I wasn't trying to not pay them but maybe that was their way of getting in contact with me) I think it could only get messy if the other person doesn't act on it right away like I did. Like if they still try to avoid you and not pay and then you actually have to go to court. So hopefully that doesn't happen!

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  41. #24
    God/dess Selina M's Avatar
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    Default Re: Car accident... get a lawyer or handle it solo?

    ^ I'm going to see what's left over of the property damage insurance once repairs/rental come out. If the DV estimate is still way above that, I'll probably send the driver a letter as nicely as possible stating "hey I'm out this much money, if you send me a check we'll be cool, otherwise I gotta take you to court".

    The adjuster is still being really really nice. She did try to pull the "The repair cost is pretty high already, I dunno if we can pay the rental, so how about we reimburse you for what we can of the rental later" bit and I was just like "Um no I don't think so..." She just went "Ah what the hell I'll put it through, we should be fine."

    I just hate being so on guard... I get through one hurdle and it's like, what now? Are you gonna bait and switch and I'm gonna get a bill when I try to take the rental back? Etc etc.
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    Default Re: Car accident... get a lawyer or handle it solo?

    Quote Originally Posted by Selina M View Post
    ^ I'm going to see what's left over of the property damage insurance once repairs/rental come out. If the DV estimate is still way above that, I'll probably send the driver a letter as nicely as possible stating "hey I'm out this much money, if you send me a check we'll be cool, otherwise I gotta take you to court".
    Do you think that the other driver can foot the bill? The shitty insurance is not a good sign. Was the other driver at least driving a nice car? You could end up shooting yourself in the foot if you incur legal expenses by taking someone to court when they cannot pay the tab even if you win. Winning is one thing, but collecting is quite another.

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