Auto Accident......time to lawyer up?

[SpazzyChicken]

I was in an auto accident on 12/10 that was not my fault. I was on my way through an intersection, when another driver coming in the opposite direction decided to make a left turn. I could not see him and tboned him at 35mph (I couldn't even brake).

The officer who responded cited the other driver, and his insurance has accepted liability for the accident. I felt ok after the accident (didn't go to the ER), but had some pain and arm numbness the next day, so I went to see my doctor. She gave me some pain meds and ordered an MRI for the numbness.

Turns out that there is some damage from the accident :

central disc protursion at C3-4, uncovertebral spurring at C5-6 and C6-7.

I still have some pain, but it's very mild. My concern is for the future. Not really doing much physically right now, but when spring and summer come around and basketball/softball start, what then? I just turned 26, and I don't know what kind of long-term effects this may have.

I'm going to see a orthopedic Dr. on Monday, but I am curious whether or not I need a lawyer to handle my claim with his insurance. They haven't given me any settlement numbers yet, and the adjuster wants to meet with me in person to discuss my claim.

Anyone have any experience/suggestions from a similar accident?


Cliffs for the lazy:

1. In auto accident on 12/10
2. Other driver's insurance accepted liability
3. MRI shows some issues with my spine
4. Call the nearest ambulance chaser?

 

[DisgruntledVirus]

A lawyer is not required, however you may want to consult with one. They will most likely try to tell you that you need a lawyer for this, but you may not. If there are medical injuries, then the safest bet is to contact a lawyer and find out what you need to do to protect yourself. You don't need to HIRE a lawyer though, just consult with them and see what legally you are entitled to in your state. Before you meet with the adjuster find out the market value of your vehicle (if it is a total loss), and talk with the doctors and see what problems may arise later in life due to the injury. I was in an accident almost 3 years ago (they rear ended me), and back was a bit sore a day later. So I go to the doc's and nothing wrong, but the insurance company offered me $300 to release them from any further obligations. I took it because nothing was medically wrong and it had stopped bothering me a few days before they offered that. If you are worried about it later on make sure you do not accept any kind of payout for the injuries.

 

[Don Vito Corleone]

I would get a lawyer if it were me. Don't be in a rush to settle until you have a better sense for the extent of your injuries and their impact on your day-to-day activities.

 

[Vette73]

I was in a accident, motorcycle, and if you have any true inuries get a lawyer and let them deal with it. Not worth the trouble IMO to deal with insurance if you have a real injury claim. Now if it was just for your car/property then I say no.

 

[Rage187]

I would

 

[ahurtt]

Neck/back/spinal injuries can trouble you for years to come. Sometimes for the rest of your life. Take your time settling this and don't let the liable driver's insurance company push you around or pressure you into settling. The will try to. They will probably offer you some money for your injuries to settle the case in exchange for you agreeing not to sue. Do not take it. Like a previous post says, make sure you take your time to learn the full extent of your injuries before you think about settling. Get your doctor's opinion. And if the insurance company gets too pushy, sic your insurance company on them. (In fact you should probably just do that anyway. Think of it as fighting fire with fire.) Whether or not you get a lawyer just depends on how comfortable you feel in dealing with the situation yourself. As I see it, you should not have to suffer any inconvenience from this accident whatsoever since it was due to somebody else's negligence. You already have to suffer the physical pain and hassle of dealing with the auto body shops and getting your car fixed and stuff. Why add the stress of having to deal with a pushy insurance company who's primary interests are not your well being but their own bottom line?

 

[zoiks]

Get a lawyer. The other party involved is counting on that you will not.

 

[SpazzyChicken]

Thanks for the replies so far.

I should have mentioned that my car was totaled (2002 Mazda Protege). His insurance wouldn't assume liability at the time, so I had to go through my insurance for the collision claim. I was paid $7,600 for the car, minus $500 for my deductible (which I should get back from his insurance).

His insurance hasn't offered me anything yet. The adjuster wants to meet with me and go over my injury and all the medical bills thus far. So far, I've already had more than $3,500 in medical treatment (MRI was $3k for the exam alone, not including the radiologist's read).

I just don't want to get screwed here. I agree with ahurtt, that I should come out unscathed as this wasn't my fault. Finding a good car for $8k was a big enough pain in the ass.

Guess it's time to call an attorney......

 

[ahurtt]

Originally posted by: SpazzyChicken
Thanks for the replies so far.

I should have mentioned that my car was totaled (2002 Mazda Protege). His insurance wouldn't assume liability at the time, so I had to go through my insurance for the collision claim. I was paid $7,600 for the car, minus $500 for my deductible (which I should get back from his insurance).

His insurance hasn't offered me anything yet. The adjuster wants to meet with me and go over my injury and all the medical bills thus far. So far, I've already had more than $3,500 in medical treatment (MRI was $3k for the exam alone, not including the radiologist's read).

I just don't want to get screwed here. I agree with ahurtt, that I should come out unscathed as this wasn't my fault. Finding a good car for $8k was a big enough pain in the ass.

Guess it's time to call an attorney......

Yes, sounds like you might consider an attorney. I'd want to have one present when the other driver's claims adjuster wanted to meet with me. If your car was brand new when you bought it, you should also try and get enough money from them to purchase a brand new car since yours was totaled. Getting paid the used book value for your car only buys you a used car. And obviously make sure you get an attorney who will take his fee out of your settlement so that you pay nothing out of your own pocket and make sure he is very clear with you about what that fee will be. You need to walk away with enough money to cover all your pain and suffering, medical bills, and a new car, as well as any lost wages due to time missed from work resulting from this accident. The lawyer will already know all this if he has any experience at all though. . .Sometimes attourneys can be just as shady as insurance companies so make sure you find somebody you feel comfortable with.

 

[kranky]

From my own experience, you will benefit from having a lawyer.

My wife got hit from behind while stopped at a red light. She needed 2x/month chiropractic treatments to stop the headaches she got after the accident, and the other insurance company was paying the bills. She got the treatments for about a year. When the two-year limit for legal action was approaching, the other driver's insurance company wanted us to sign a release that everything was settled. I asked them how they were going to continue to cover any future chiro treatments which might be necessary, and they said they'd give us $2,000 which we could use for future chiro bills. However, if anything else turned up we were on our own.

I tried to negotiate a better settlement for a couple months and got nowhere. Zero. They were not going to budge. Out of desperation I called a lawyer. In a week we had a check for much more than I was asking for, even after subtracting the lawyer's 35% cut. I think the lawyer made one phone call to earn his giant fee. But the fact was I was not going to make it happen without a lawyer, so it was worth it. I don't know if it would have mattered any if I had contacted one right when it happened - he never said anything about it.

I still can't get over the fact that they wouldn't negotiate with me at all, yet the lawyer made one phone call and they end up paying much more than I had asked for in the first place. Without a fight!

A lawyer is going to take 30%-40% of any settlement so keep that in mind.

 

[SpazzyChicken]

Originally posted by: kranky

My wife got hit from behind while stopped at a red light. She needed 2x/month chiropractic treatments to stop the headaches she got after the accident, and the other insurance company was paying the bills. She got the treatments for about a year. When the two-year limit for legal action was approaching, the other driver's insurance company wanted us to sign a release that everything was settled. I asked them how they were going to continue to cover any future chiro treatments which might be necessary, and they said they'd give us $2,000 which we could use for future chiro bills. However, if anything else turned up we were on our own.

That is exactly what I am concerned about. I'm 26, how is this going to effect me when I'm older? It may not have any lasting effects, but who knows?

I'm not looking at this with huge dollar signs in my eyes. I just want to make sure I don't get screwed with the cost of future medical care.

 

[1sikbITCH]

The entire purpose of the insurance adjuster you are/will be dealing with is to get out as cheaply as possible and save the insurance company money.

Get a lawyer.

 

[thepd7]

Just to make one thing clear: insurance is supposed to pay replacement value of your car, not what you paid for it. If you paid $8k but your car was worth $10k that's what they are supposed to pay.

Also, i agree with everyone else about waiting and yes definately get a lawyer.

 

[SpazzyChicken]

Again, thanks for the replies!

I contacted a few lawyers today. Out of the four of them, one of them stood out. He spent the most time on the phone with me (80+minutes) and took the time to explain everything and give me some advice on what to do if I decide not to go with a lawyer.

All of them gave me contingency costs of 30-33% of the total settlement. Does that seem normal?

 

[BoomerD]

I'd definitely recommend a good lawyer. As much as I dislike liars...I mean lawyers, sometimes they're a necessary evil. The insurance company has tons of them doing their best to minimize how much they have to pay you, so why not have one helping you to maximize that amount. Consider also, that your insurance and theirs both probably have maximum medical payment amounts, and in order to get anything above those amounts, you'll need a lawyer and possibly a trip to court. The insurance companies count on people not wanting to hassle with all of that.
You don't need to be trying to commit insurance fraud just because you want to have your medical bills covered and your auto replaced.
Also, most insurance companies don't pay fair replacement value, (actual book value) they base the payment on what similar vehicles have sold for in your area over the past 6 or so months. You CAN fight that and demand more $$$. If person A was a great negotiator and got his car for $6000, even though the book value was $10,000, that doesn't mean you should have to accept $6000 for YOUR car if it books at $10,000.

 

[ranmaniac]

Definitely lawyer up, as back/neck/spinal injuries can last a lifetime, and you can bet the insurance company has their legal team working against your interest.

 

[bctbct]

Originally posted by: 1sikbITCH
The entire purpose of the insurance adjuster you are/will be dealing with is to get out as cheaply as possible and save the insurance company money.

Get a lawyer.

Well said, make no statements to the adjuster wihout consulting a lawyer. Insurance comapnies invented insurance fraud and will screw you in a minute.

 

[Schadenfreude]

Well, I'd say listen to what the adjuster has to say - honestly, it's really a luck of the draw as far as adjuster/insurance companies go and depends on the laws of your state that you're in.

I personally handle bodily injury claims as an auto claims adjuster for an insurance company - but practices vary between each companies and there are varying statues and handling guidelines per state - I'm not aware of Georgia's guidelines, but if you have any questions, feel free to PM me and I'd try my best to help as much as I can.

 

[RKS]

Originally posted by: SpazzyChicken
Again, thanks for the replies!

I contacted a few lawyers today. Out of the four of them, one of them stood out. He spent the most time on the phone with me (80+minutes) and took the time to explain everything and give me some advice on what to do if I decide not to go with a lawyer.

All of them gave me contingency costs of 30-33% of the total settlement. Does that seem normal?

yes

 

[1sikbITCH]

Originally posted by: SpazzyChicken
Again, thanks for the replies!

I contacted a few lawyers today. Out of the four of them, one of them stood out. He spent the most time on the phone with me (80+minutes) and took the time to explain everything and give me some advice on what to do if I decide not to go with a lawyer.

All of them gave me contingency costs of 30-33% of the total settlement. Does that seem normal?

I work for injury lawyers and in my state 33% is standard, 40% if they have to file suit.

And again, NEVER listen to the insurance adjuster. If some guy shoots you, would you go ask his lawyer for advice?

 

[jagec]

Originally posted by: kranky
I tried to negotiate a better settlement for a couple months and got nowhere. Zero. They were not going to budge. Out of desperation I called a lawyer. In a week we had a check for much more than I was asking for, even after subtracting the lawyer's 35% cut. I think the lawyer made one phone call to earn his giant fee. But the fact was I was not going to make it happen without a lawyer, so it was worth it. I don't know if it would have mattered any if I had contacted one right when it happened - he never said anything about it.

I still can't get over the fact that they wouldn't negotiate with me at all, yet the lawyer made one phone call and they end up paying much more than I had asked for in the first place. Without a fight!

This is why I really, really hate the legal system. It seems hopelessly corrupt. Instead of paying a fair amount to everyone, insurance companies pay ridiculous amounts of money to people represented by lawyers, and to make up the difference they totally screw over anyone who doesn't have a lawyer. Which, of course, perpetuates the practice of hiring an unnecessary lawyer, and vastly increases the cost to the insurance company, in order to get a fair deal. Which means they have to screw over the un-lawyered even more.

 

[SpazzyChicken]

Ok, I found a lawyer. I am going in to the office on Tuesday to sign the papers so he will represent me.

Any other thoughts/suggestions before I move forward?

 

[Onita]

Originally posted by: SpazzyChicken
Ok, I found a lawyer. I am going in to the office on Tuesday to sign the papers so he will represent me.

Any other thoughts/suggestions before I move forward?

Curious how you got your attorney's name - look him up in the phonebook or referral?

 

[alkemyst]

Originally posted by: thepd7
Just to make one thing clear: insurance is supposed to pay replacement value of your car, not what you paid for it. If you paid $8k but your car was worth $10k that's what they are supposed to pay.

Also, i agree with everyone else about waiting and yes definately get a lawyer.

Depends on the coverage you have, most policies are replacement. Some esp those with specialty vehicles are covered for what they paid (sometimes minus some depreciation).

To the OP, the insurance adjuster is like a used car salesman. They claim to be your friend and looking out for you, but they are paid by how much money they get from you (or in your case how much they save the insurance company).

You have to ask yourself if you are being honest in your injury(s) or just hoping for a major lawsuit.

The first thing I would figure out is how hurt I really was and if this would require lifelong or extended treatment. I would figure out how much that would cost esp. assuming I somehow lost my health insurance and then figure out a customary damage amount.

Then I would ask about the limits of the policy on the person that hit me. If they are impoverished and without insurance, your chances of ever getting a pay out are nil. If they only have $10k or so in coverage you will more than likely have to sue them outside the policy to make it worthwhile. You can't go for both (at least here...not sure if these laws are different state to state).

My ex-wife broke her neck in a not-at-fault accident. We capped the limits of their policy (250k - the lawyers fees which were nearly 50% of that now that the 33%/42% they get is outside their costs). Total we were looking at for the surgeries she needed even with the surgeon not charging us (relative) was about double our award amount which included pain and suffering even for me as a spouse.

I put the little money left over along with the rest of my savings into a house to protect it. I then worked out payments with the hospital at the price an insurance company would pay them (they didn't want to do this and said they couldn't, my reply to that was take it or leave it and get nothing. In Florida they can only put an entry on your credit report and most creditors will forgive medical debts).

I will say I do know a few people that have been in whiplash accidents that have chronic pain long after even though they felt fine right after the accidents and decided to settle for just their vehicle replacement. See a specialist even if it costs you a little bit of cash to get your exact condition and prognosis.

 

[alkemyst]

Originally posted by: 1sikbITCH

Originally posted by: SpazzyChicken
Again, thanks for the replies!

I contacted a few lawyers today. Out of the four of them, one of them stood out. He spent the most time on the phone with me (80+minutes) and took the time to explain everything and give me some advice on what to do if I decide not to go with a lawyer.

All of them gave me contingency costs of 30-33% of the total settlement. Does that seem normal?

I work for injury lawyers and in my state 33% is standard, 40% if they have to file suit.

And again, NEVER listen to the insurance adjuster. If some guy shoots you, would you go ask his lawyer for advice?

Anyway, like the insurance adjuster an attorney is looking out really for themselves and their firm. The more they make the firm the better they advance and if they don't bring in enough income they are often fired.

I would shop counsel. Especially ask if they have any experience in front of a jury. Many personal injury lawyers do not and just get by with easy quick settlements. Chances are you will pay the same amount anyway.

I would discuss fees outside the structured settlement amounts. In my case the lawyer we used (her father insisted on him since he set up a trust for them over an law firm my family has used extensively and would have done this for next to nothing) charged a pretty standard tier structure, but for the incidentials like copies and the like he was extraorbenant and ran off tons of copies we didn't need. The hourly rate for the worker doing it was high double digits for someone more than likely getting paid $6-8/hr at the time (they had tons of high school and junior college kids working there).

When all was said and done the law firms payout was much better than ours.