(Closed) Need help! Anyone in an automobile accident before?

posted 8 years ago in Legal
Post # 17
Member
18628 posts
Honey Beekeeper
  • Wedding: June 2009

Glad you are talking to someone.  I was in an accident that had me in PT for months.  I didn’t get a lawyer and really didn’t want to because the ambulance chasers really turn my stomach.  And since I don’t have lasting effects, I didn’t feel like I deserved a ton of money for “suffering”.

Post # 18
Member
323 posts
Helper bee
  • Wedding: August 2013

I am an Insurance Adjuster, that deal with injured parties. I would have said that the lawyer is going to take 30% of what you receive as a settlement. As you were rear ended you have a claim through both your own insurance company and the other person who hit you. You must obtain a lawyer to sue the other party if you are looking for pain and suffering. Depending where you re located, you may need to reach a dollar threshold to peruse the claim. PM me if you have any questions. All the best wit your recovery!

Post # 19
Member
2583 posts
Sugar bee
  • Wedding: September 2012

I actually disagree.  I just finished up this process, and it was quick and easy and painless because I DIDN’T get a lawyer.

My chiropractor sent my bills straight to the woman’s insurance company, and they paid the bills. End of story. 

If a lawyer had been involved, I would have had to pay him/her, and it would have been infinitely more complicated.

Their insurance adjuster called me once every two weeks, and all I said was “yup, still seeing the chiropractor, will let you know as soon as Im discharged” and she replied every time, “ok great, we’ll check in wtih you again soon”.   It was that simple.

Post # 20
Member
2414 posts
Buzzing bee
  • Wedding: September 2012

GET A LAWYER!!!!!!!

I’m actually on workers comp right now and I wouldn’t do it without a lawyer. Don’t talk to them. Don’t tell them how you are doing, etc!!!

The reality is that the insurance company is going to try to low ball you and it’s best to have someone working on your behalf. Also, not to scare you, be careful how you behave in public. I wouldn’t be surprised if they have someone following you so they can try to claim that you aren’t very injured. It’s pretty common around settlement times for insurance claims.

Best of luck, and again, GET A LAWYER!

Post # 21
Member
6015 posts
Bee Keeper
  • Wedding: March 2012

I’ve had an accident and a settlement, and I used to be a claims adjuster.  I wouldn’t get an attorney, they drive up the fees so you do get a higher settlement, sometimes, but you have to pay them out of that settlement.  With an attorney the rule of thumb is 3xs the meds, 1/3 for the medical bills, 1/3 for you and 1/3 for your attorney… with out it’s 2xs the meds.   good luck!!

***edit .. by meds I mean the meds, loss of work any out of pocket expenses you have.

Post # 22
Member
2414 posts
Buzzing bee
  • Wedding: September 2012

View original reply
@mandypop:  I think it’s different if you are asking for pain and suffering above medical bills.

Yes, an attorney will take a 20-30% cut however in most settlements, you negotiate with the insurance company to pay a percentage of the attorney fee’s. Also, for the percentage that you have to pay (if any, depending on your agreement to the fee schedule that you and the attorney agree upon) is usually offset by the fact that the attorney you have hired helped to acquire you a larger sum of money in the settlement.

Post # 23
Member
5399 posts
Bee Keeper

I would get a lawyer, and stop communicating with the insurance company, as others said. I was in a serious bus accident years ago, and I received a decent settlement. But that was with a company vs an individual, so might be different. However, my settlement still wasn’t enough for all of my “pain and suffering” because I have had terrible neck pain for years (I would rather be healthy but without the money).

I would also recommend looking into a physical therapist who does myofascial release (specifically John Barnes method). I have recently started this and I think it’s pretty powerful for healing.

Post # 24
Member
10713 posts
Sugar Beekeeper
  • Wedding: June 2012

I was in a bad accident similar to yours. Hit while I was stopped, injured and had long term issues. I had my insurance company work out the details with theirs then my company would talk to me about what they said and such. They pretty much were like my lawyers and fast and free. The only time I talked to their insurance company was when we settled and they wrote me a check. They recorded my statement apologized wrote a check and left within an hour.

Post # 25
Member
58 posts
Worker bee
  • Wedding: July 2012

I don’t have any legal or financial advice… but I have long-term neck and back pain (I’m only in my 20s but apparently am at the short end of the gene pool)… I had tried just about everything, including physical therapy, and nothing seemed to help. Stretching everyday strengthening and stretching my back in yoga really helped… maybe it will help you too…

I’m so sorry this happened to you and I wish you the best of luck figuring it all out

Post # 26
Member
672 posts
Busy bee
  • Wedding: September 2013

I definitely agree with PP’s and recommend getting an attorney and stopping all communication with the other insurance company. I was in a wreck last August. Thankfully it wasn’t super serious considering the guy ran a red light and plowed into the driver’s side door. However it totaled my 13 year old car. A family friend is an attorney so he offered to help me out free of charge. I was able to get enough for a new(used) car and then some. My insurance company just wanted their costs covered. His company wanted to get by with paying as little as possible. Having never been in a wreck before I would have never gotten half of what I did. My attorney basically said this is what the car is worth monetarily and emotionally/mentally(the whole need a car to get to work, school, etc. thing) He argued on my behalf and got me a fair deal that allowed me to get a reliable(not sporty or flashy) used car and compensate for the two days of work I missed. I wasn’t asking for a lot or for more than I deserved to be compensated for but his insurance company was horrific to deal with and gave me a offer so pitiful I’d be laughed at if I tried to use that as a downpayment on a car.

Post # 27
Member
5268 posts
Bee Keeper
  • Wedding: December 2016

I was just in one last Monday. We have USAA and so did the lady   No one was hurt but my insurance handled EVERYTHING!!! I would never hire a lawyer unless my insurance sucked.  Why should I have to do their job??? And pay? No way. Our suv was declared a total loss and we are getting $$   Just got a new car,well used but yeah. I am so thankful I have USAA. I just would not be able to hire an attorney. Did this person’s policy suck? We are both covered  for up to 300,000 I believe or more    I hope you get better OP but also that you don’t get ripped off with lawyer fees. 

Post # 28
Member
515 posts
Busy bee
  • Wedding: June 2012

I would make sure you document any missed work( lost wages) and make sure you have documented all of your medical expenses.

My fiancee is a insurance claims adjuster and I DON’T advise getting a lawyer..unless your severely injured, or unless the persons insurance can’t cover to pay you and you need to personally sue them. I would talk with YOUR insurance company , they are supposed to help you out.. you dont have to talk to his. Most people who get lawyers end up getting the same amount of money except they have the annoyace of having to take time taking to/meeting with an additional person. I will say that there is no hurry,but remember.. once you close the claim(sign and collect money) you can’t go back and get more. You have 2 years from the date of the accident to collect(unless you close the claim by collecting money). To round up what I just said I would talk with you insurance company.

Post # 29
Member
1444 posts
Bumble bee
  • Wedding: May 2014 - Paradise Gardens

View original reply
@ForeverBlessed:  How are you doing? Have you started physical therapy, how is the lawyer working out for you? I hope you ahve made a full recovery and if not, I hope you are well on your way.

 

Any updates?

Post # 30
Member
481 posts
Helper bee
  • Wedding: August 2014

The topic ‘Need help! Anyone in an automobile accident before?’ is closed to new replies.

Find Amazing Vendors