one of my coworkers got in an accident and he was wondering how long it takes to settle. He need facts. He said that a big truck was blocking the stop sign and he ran it but the police only gave the big truck a ticket and not him or the person who hit him. Also he was wondering if the 1/3 that the lawyers take was fair when he was the one suffering.
2006-09-15 07:36:27 · 4 answers · asked by angelic1302 3 in Cars & Transportation ➔ Insurance & Registration
He really needs to talk to his lawyer about those issues. Auto injury claims can take a very long time to settle if they wind up in the courts. Many can take years, especially when the case is not cut and dried as to whom is at fault. There are no hard facts when it comes to working those types of cases, other than it will often take a while.
Since he ran a stop sign, it's a virtual certainty that he's going to be held at least partly at-fault in the case. A prudent person would not charge into an intersection when the view was partly blocked by a large truck -- at least that's what both the other party and the trucker are going to argue. This will very likely force the case into the courts where time is going to pass very slowly.
An attorney's fee of 33.3% is actually a bit on the low side of average these days. Many are charging 40% or even more if local laws allow.
2006-09-15 07:46:34 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Ok, based on just what you've posted here- he's not going to get any money for his suffering because he was at fault. The truck blocking his view is not the cause of the accident- he is. If the person that hit him did not have a stop sign and had the right of way, he (your friend) is responsible. A ticket to anyone has no bearing on a liability investigation done by an insurance company. The ticket is a criminal matter, liability is a civil matter and they have different standards of proof, etc. This really comes down to what did the person who did not have the stop sign do to cause the accident? Nothing. Does he have to anticipate that someone with a stop sign will run it? No.
But to answer the other question, the process for settling tends to take longer when an attorney is involved than not. Usually a good 90 days longer, but everything is different on a case by case basis. Claims don't move towards settlement until all of the treatment is done, and all of the supporting documentation is submitted. And as far as the 1/3 goes, that's industry standard with all attorneys. If the case goes to trial it's 40%. Exactly what does your friend think- that the attorney will do this for free? I would imagine if he really wants to recover from someone, he might need a lawyer or a fairy godmother because it will take some real magic to get him some money since it was his fault.
2006-09-15 10:44:35 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
he might be suffering, but he's the guy that ran the stop sign. The only settlement he might get is from workers comp, if he did it during work.
Tickets are not an issue with "fault". If one guy had the stop sign, he's the guy at fault.
30% is WAY fair, seeing as how *I* don't think he's going to pay the lawyer anything at all - ie, I don't think he's got a chance of winning. But if he doesn't want to pay a percentage, he can always agree to an hourly fee to pay the lawyer.
Oh, and as far as the time frame goes, this will probably take 18 months to 2 years to get resolved.
2006-09-16 11:22:05 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
Why does your co-worker NEED a lawyer? Is he really suffering or does he think he hit the jackpot because someone ran into his car? A lawyer will NOT make an insurance claim worth one cent more than it already is and yes, the scum-bag lawyer will take a minimum of 40% of the TOTAL settlement amount even if he just makes one phone call to the insurance company (which is exactly how 99% of all settlements are made). I suggest he at least let the insurance company make an offer before he runs to the local sewer and hires a lawyer. And another thing -- if he really ran a stop sign what makes you think he will get ANYTHING?
2006-09-15 07:52:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋