My boyfriend was in an accident a couple months ago, it was the other guy's fault and the other guys insurance company already sent a check for my boyfriends car which was totaled. He has been going to the chiropractor for the last two months, and we have decided not to hire an attorney because they are so expensive. Niether of us has ever been in this situation before, so how should we go about settling? What should we ask for and how? We are both in college and this accident has caused both physical pain for my boyfriend as well as a tremendous inconvieniance of having only 1 car. Any help would be appreciated.
2006-12-07 13:30:46 · 9 answers · asked by April T 2 in Cars & Transportation ➔ Insurance & Registration
Im sorry, I cant help but laugh at these people who say "get an attorney"
What they dont realize is the settlement will literally be the same exact amount regardless if you have an attorney or not... the only difference is with an attorney you will get 1/3 less (b/c that is what they take.)
I applaud you for not running to an attorney and giving away your money like most of these idiots are...
Heres the deal... unless your b/f is permanently injured.. in theory.. the other company owes him for nothing but medical bills.... but... for his "inconvience" they will probably offer him 1k or 2k more just to "settle" and get this over with.
Dont listen to these people who think they are winning the lottery and be grateful and accept 1k or 2k more then your bills.
2006-12-07 14:41:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As another person stated before, I also applaud you for not rushing out and hiring an attorney. What the two of you have are what are called "soft tissue" injuries (no broken bones, no stitches. I'm glad, generally speaking, the both of you are ok. Please pay no mind to these people who think they know everything about attornies, even if they work at a law firm. The job of the attorney is to make money off you. The job of the insurance is to settle your claim fairly. You can expect the insurance to pay all the necessary medical bills that are involved, as well as a settlement for pain and suffering and/or lost wages. You'll need to substantiate any lost wages and bills with paperwork. Pain and suffering are really relative terms to properly compensate you for the inconvenience the accident has caused you. The more damages you suffered (how much the car cost to repair, how much you had to treat), will help aid this settlement. Overall, I would expect to get a couple grand more than the medical bills total to be, if the bills total more than 2k. You don't need to run out and get an MRI or a full body scan (it's actually too late for that-those things are done right after the injury).
***Remember, the duty of insurance is to put you back in the same place you were in prior to the accident, no more. I can't tell you how many times I have had an attorney call me because a client hired them, found out that their settlement was going to be less than expected, then call me to see if I will reduce the amount I will accept in repayment because their idiot client thought an attorney was the best way to go. Guess what my answer is? N-O!
2006-12-08 17:08:51 · answer #2 · answered by Pieandchips 3 · 0⤊ 0⤋
I work for a personal injury firm. You can hire an attorney and the retainer agreement would consist of 1/3rd of whatever your settlement proceeds are.
Without an attorney, you are going to get jerked. If you don't know the laws or rules, they will play you out. However, you won't get compensated for just your chiropractic treatment. Laws have tightened up because so many people are suing for injuries that are not permanent and/or serious.
Have your boyfriend's chiropractor send him for 2 MRI's. (1) Cervical and (2) Lumbar. Those are for his neck and back. Without an MRI, you can't prove that any serious injury was sustained. If you have a herniation, its considered as a permanent injury. If you have a bulge, its not. So if you try to sue the other insurance company with bulges, they don't have to compensate you at all. You will be awarded zero. There are laws that make that decision binding on you.
Another thing is that you have to prove that this accident has impacted your boyfriend. You can't just seek treatment for 2 months and say that you are really hurt. He has to consistently treat with his chiropractor until discharged or until his insurance company will stop paying for his chiropractic bills.
If I were your boyfriend, I would also ask my chiropractor to refer me to a Neurologist to conduct nerve testing. You never know what nerves were messed up from the accident. Which is another way to prove permanent injuries.
If you are seeking small change, then don't hire a lawyer. You won't get compensated half of what you would get after a lawyer disburses his funds.
If the other persons insurance carrier is Allstate. Hire a lawyer. Because like the saying "You're in good hand." Their insureds really are. They will not pay out for anything. So if Allstate is the carrier be prepared for a long ride. If you proceed, file a lawsuit now. If not you'll be trying to settle this matter forever.
2006-12-07 23:25:34 · answer #3 · answered by Rica 82 5 · 0⤊ 0⤋
If you were in an accident and it was for sure the other person fault then, In pain and suffering don't Waite call an attorney you will not pay anything, the attorney knows you have a good case and will not ask for money up front he will be paid from the settlement. If he/she ask for money call another attorney because that one has no confidence to win, you want a good attorney that will care for your best interest. DO NOT sign any papers for the insurance compant with out your attorneys advice or you will regret it in loss of money entitled to you, if they call to settle tell them you have an attorney and to call him the money you might get will be far greater than what the ins wants to pay you with out an attorney, Be smart and use an attorney it will not cost you up front. Good Luck and GOD Bless.
2006-12-07 21:43:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did you report the injury to the other insurance company?
Just send your bills to the other insurance company and see if they'll pay up.
As long as you guys didn't sign any stuff like "final payment" you should be okay.
An attorney... may or may not help. They may get you more money, but remember they take 1/3rd off whatever gets paid out, so your "net" intake may still be about the same. On the other hand, they are pros at this, you're not. Your call.
2006-12-07 21:40:58 · answer #5 · answered by Kasey C 7 · 0⤊ 0⤋
You will need to hire an attorney. Most of the accident and injury attorneys will not charge you until you get your money. I would ask my chiropractor if he knows a good one. A lot of attorneys have relations with a chiropractor or an attorney. This may also help you save money on his medical bills.
2006-12-07 23:51:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think the other insurance company has already closed their file on this accident because they wouldn't have given you the check for the totaled car until your boyfriend signed off on the claim. Better call up the insurance company and advise them about doctor & bills and see if they are going to help you, if they say no
then get an attorney
2006-12-08 04:18:18 · answer #7 · answered by Loollea 6 · 0⤊ 0⤋
Look at it this way the insurance co. has hundreds of attorneys working for them whose only job is to screw you. You cannot afford not to hire a good accident attorney. Don't even think of going it alone.
2006-12-07 21:38:30 · answer #8 · answered by bungee 6 · 0⤊ 0⤋
I agree with Bungee, get an attorney. Many attorneys will take the case on a contingency basis (meaning you don't pay if you don't get any money).
2006-12-07 21:41:03 · answer #9 · answered by ramman 4 · 0⤊ 0⤋