I got rear ended in a car accident a while back and the driver was cited for failure to control a vehicle...I was almost at a stop waiting for a car to make a right hand and he hit me at 50mph. I was injured pretty badly with my back and neck. My Dr. released me and told me it could take up to a year for everything to finish healing and now the adjuster is calling wanting to settle. Do I need a lawyer? Or should I be ok doing it on my own considering it was wholly 100% the other guys fault?
2007-03-27 10:57:52 · 9 answers · asked by CJ 2 in Politics & Government ➔ Law & Ethics
To get the best settlement, you'd be wise to hire an attorney. Most will take an accident case on a contingency - usually 1/3rd of the total recovery. The recovery amount is often calculated as 3 times your medical expenses - then you get 1/3, your insurance company gets their money back & the attorney gets 1/3.
It sounds like liability is not a question - they have already recognized that you were not at fault. You can negotiate with the insurance company yourself, but they will try to get you to settle right away & to waive any claims you might have for problems that come up. Usually the ins. co. will only write you one check - once all your expenses have been incurred. The adjustor wants to settle now to pay you the least amount possible - that's what's best for the insurance company. My wife was in a wreck and all of her injuries weren't noticeable until months afterwards, after we had settled.
You can wait to settle until a later date, when you've gone through that "year for everything to finish" healing, just to be sure. The insurance company won't likely pay any of your bills that you have incurred up till now, though, and leave their checkbook open. You could likely settle now for 2.5 times your medical & they will know that is less than the amount that they would pay if you get an attorney.
2007-03-27 11:16:09 · answer #1 · answered by Charlie L 3 · 0⤊ 0⤋
If you get an attorney your back and neck will likely hurt you less than another area behind you. They will likely tell you that they will charge 33%-40% and you do not pay unless you win. You will not win, they will settle. Very few auto accident claims actually make it to court. They settle out. Depending on where you live they will ask you to treat as much as possible, likely could even set you up with an M.D. Oh, once you start treating they will want to obtain all the medical recoprds and this is when it starts to really get expensive for you as they will charge you to obtain then and sort thru them and make some sort of packet to send to the insurance company you are making a claim against.
I feel good advice for you is to find out the statute of limitations in your state.
do what you need to do to get better. Then speak with the insurance guy, when they make an offer ask people you know if they have had a similar situation or know anyone who has. If you can l;ocate someone who has and they will share a # with you for a settlement and your offer is in the ballpark it would sound like you have a fair offer. If not go back to the insurance guy and let him know, they may move.
Do what you need to but be cautious of lawyers. Who do you think pays for all those adds on busses, billboards, telephone books, TV, radio and etc. They also seem to live pretty nice lives after paying for all of this advertisement.
Good luck.
2007-03-27 11:20:51 · answer #2 · answered by STEVE S 7 · 0⤊ 0⤋
Get an attorney NOW!
The doctor says up to a year, but that usually just means "maximum medical improvement" -MMI. MMI just means as good as it's ever going to get. You may continue to have lingering pain long after that.
Further, I can guarantee you the adjuster will lowball you big time. Don't do this without a pro - an attorney who can play the game right with the adjuster.
2007-03-27 11:09:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It really depends on how badly you were injured. His insurance should all ready be paying your medical bills. It doesn't hurt to have a consultation with a lawyer. But they take a huge %. I know. I was hit by a drunk driver, and my lawyer got as much as I did. It was ridiculous. Best of luck.
2007-03-27 11:06:55 · answer #4 · answered by Should be Working! 4 · 0⤊ 0⤋
Definitely get an attorney. No question.
2007-03-27 11:12:30 · answer #5 · answered by arianah 2 · 0⤊ 0⤋
you need a lawyer, why do you think they are pressuring you to settle, they are trying to screw you that's why, you got big bugs coming, believe you me.
2007-03-27 11:19:36 · answer #6 · answered by ati-atihan 6 · 0⤊ 0⤋
get everything written on paper
and have him pay for all ur medical expenses including to ur car's damages
2007-03-27 11:04:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you answered this yourself -
note
you can speak with a lawyer about what they can offer you for free.
2007-03-27 11:23:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
get a attorney before you are read ended legally
2007-03-27 11:05:05 · answer #9 · answered by Mopar Muscle Gal 7 · 0⤊ 1⤋