Should we get a Lawyer for our auto accident?

Question

We were rear ended by a drunk driver. I was driving, we stopped at a stop light and this 1970 Ford pickup (that had almost clipped us coming out of the parking about 1/4 a mile before the light). He screached out of the parking lot and didn't even seem to slow down and slammed into the back of us. He had to be going pretty fast to do the damage that he did to our car and especially his tuck (those old trucks are like tanks!). The passenger owned the truck and the driver was supposively his designated driver, even tho he had been drinking too. Well the driver hopped out of the car and took off on foot!(he had warrants) The passenger (owner of the the truck) stayed there and didn't even get arrested!

I'm not sure if we should get a lawyer... we haven't been offered a settlement yet, but what would you suggest? My arm is still hurting and Chris' back is hurting too. We're going to a chiropractor this week... I've just never had this happen and need to know what we should do.

We HAVE been to the Dr. and his insurance paid for our rental and will reimburse us for medical... but we're afraid they will only offer us minimal money for the settlement. Is having a lawyer the only way to get the most out of the settlement? Did I mention our 5 month old little girl was in the back seat? thankfully shes okay, but it could have been alot worse, our car has a/b $9,000-$10,000 in damage not to mention how sore we've been!

Answer 1

#1 have you gone to a medical doctor? If not go.
#2 get a copy of the police report.

Did the other guy have insurance? If not, do you have uninsured motorist coverage. Make sure you get pictures of your car and any bruising on your body. Do not let the chiropractic bills get much over $3,000, too much chiropractic makes insurance adjusters suspicious.

#3 See an attorney, without an attorney the insurance company will offer you a minimal amount and they will try to get you to settle prior to your injuries being resolved.

Answer 2

Chances are his insurance company will pay for your Dr. bills. In all honesty I blame the drunk driver and not the passenger. To me the passenger could have responsibly chose a DD and didn't drive, but the putz he asked to be DD went ahead and drank anyway. The passenger could very well have been blitzed and didn't know his friend was drunk. To me if a person gives you their word that they will be DD then they had better. I also don't understand why the passenger (although the owner of the truck) would have been arrested. Regardless of what you do you should find out what his insurance company will pay for. You also didn't mention how long ago the accident was. It can take a good week or two to recover.

It also depends on what you are looking to sue for. See what they are willing to pay out for your expenses. If you are looking to sue like many because you are looking to "hit lottery", that's wrong. No amount of money will take back the fact that you were sore.

Answer 3

If the other guy's insurance is stepping up but being slow about it, you don't need a lawyer--just make sure you don't settle for less than your future medical bills--insurance companies like to make you a seemingly big offer to go away forever, and then you spend more than the settlement on future doctor visits. So when they offer you $10,000 for your injuries, think about what the chiropractor said and what his bill is--is there a good chance you could rack up that amount of bills in a few years?

If the insurance isn't taking responsibility, or if you don't hear about any action being taken, you may want to call a lawyer then. It may not be a bad idea now--I'd wait to see if I can get fair settlement without one, but if it looks like they may be pulling a fast one, get a lawyer to protect your interests.

Answer 4

You definitely need a lawyer. There are plenty of personal injury and auto accident lawyers who will take your case with no money down, and they don't get paid until you get money -- call your local Bar Association for the names of some attorneys. Trust me, two drunk guys in an ancient truck aren't going to contact you about a settlement, you better sue them and sue them quickly, before the statute runs out and you can't get paid for all your medical expenses and repair bills. You should also contact the police department to see about the driver being arrested, and if he has an outstanding warrant, they can go and find and arrest him (if there wasn't a police report, get them to make one, and if there was, make sure you have a copy for your attorney).

Answer 5

I didn't read your question because I don't need to. Yes, get a lawyer (if you're right). My wife got hit one time and the lawyer scared us off because he seemed cold by saying he could only get us $10,000 for the accident. We wanted to be nice and not go after these people, but their insurance company totally screwed us over. Don't fall for it.

Answer 6

If you have a good insurance company, they may very well help you get a decent settlement.

There was no reason to arrest the passenger, he violated no law.

Answer 7

Get a lawyer.
INTERVIEW many many many pesonal injury lawyers.

Select the one who says that his/her philosophy is that YOU as the victim will get more than the lawyer.

IF you are offered a settlement, it will be for about 75% of the damage to your vehicle, and 0 for medicals.

Answer 8

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Answer 9

it depends on how much money its going to cost you. if its less than $5000, small claims court should be able to settle things for you without a lawyer. if its over that then you need a lawyer.

Answer 10

Yes you should ive had the same problem and a Lawyer makes everything better..... havent you seen that comercial about Kibby Kelly?????????????????