Car Wreck Question

[Smokey]

My wife was hit from behind the other day. Most likely totalling her vehicle. She did go to the Hospital just to be checked out due to some neck and back pain (whiplash). We're not out to get anyone so we dont want to do the "One Call Thats All" thing but we dont want to the othe parties insurance company to take advantage of us either. Any advice would be apprecieated.

[WTM45]

My advice is to hire a GOOD attorney right now. Talk to no one else.

[biggsteve]

GET A LAWYER!!!!! although, in a perfect world, you'd like to be a nice guy, but the other guys will CHEAT you out of everything!!!
my wife t-boned a farmer in her 79 elcamino. totaled both of 'em. hospital bill was $13,000, and she didn't stay one day. it's scary. you got 'medical payments' on your ins? i could go on & on, but i won't. just do this--GET A LAWYER!!!

[StriperAddict]

Shut up and Lawyer up :smash:

And get a good one, too. My wife's back injury settlement in '91 was peanuts compared to what she has gone thru until now. :banginghe

[7Mag Hunter]

3 words.....
Personal Injury Lawyer !!!!!!!!
Do discuss your situation with YOUR insurance company, BUT
DO NOT SIGN ANYTHING, or accept PARTIAL payment....
Only make a move after your lawyer OKs it....
Might have to go see more than 1 lawyer....ALL LAWYERS are
NOT the same....Some will make "quick" settlement to get some
quick cash....
You are giving him 1/3 of YOUR settlement....Make sure he gets
the most for you now and long term.........
Going thru this myself now after a wreck 1 year ago..Still may
have to have hip replaced or surgery "again".......
Good luck......

[JR]

You are giving him 1/3 of YOUR settlement....Make sure he gets
the most for you now and long term.........

:pop:

[Joe r]

its like everone says ,thats all you can do these days

[Smokey]

Thanks for the info

[JeffC3030]

I agree with the lawyer situation!! I was hit by a drunk driver and never thought about a using one. Well, I learned a valuable lesson because they stuck me hard, before I even realized it. Let the lawyer do the work and you will have less stress and should get a fair settlement. Those insurance folks have good lawyers too and will stick it to you, if they can. Good luck!!

[General Lee]

I agree with above.There's a stigma attached to contacting these attorneys that run the ads on TV all day,but the fact is,whatever insurance co you will be negotiating with has a whole staff of attorneys.To cover yourself,you need one too.............

[BoxCallWillie]

I Agree get a Att.
You dont have to be after any thing Money wise
But rest asured they will be after you ......
Just for your personal protection and peace of mind
be safe to have 1.

Sorry Smokie y'all were in the wreck
and Glad you are OK...

BCW

[General Lee]

Another thing, While it's still fresh on your mind.Go back to immediately after the wreck and document EVERY thing you have had to do pertaining to the accident.Log everyone you have corresponded with until now,and from here on out.Keep up with the mileage to Dr visits,lost work time,medicines,etc.........

[30-338]

In a matter such as the one you have described there are two claims. You will have one claim for the property loss and one for the personal injuries. Some attorneys will represent you on the property loss issue if they are also representing you in the personal injury matter. In this case, there was significant property damage, but very little medical bills, at least to this point. Therefore, most attorneys will not take this case based on the fact that the medical bills are not that much. Although everyone involved will usually deny that medical bills multiplied by a factor such as 3 are used, this is usually what occurs. Then, of course, the attorney receives 1/3 of the total amount. In this case, it may be just as important to have representation in the property loss matter as the PI matter.

[ray97303]

Do your homework to find the best! Once, I made that mistake! Several years ago, my wife, my 2 children, and me, were in a head on automobile accident. The other driver was at fault! My wife broke a few of her ribs! All of us went by ambulance to the hospital. I thought we were going to get a large sum of money. But that never happened! The location of the accident and what someone else got paid that is similar to your accident, is an amount lawyers on both sides will look at. The head on happened in a small town in Tennessee for us! I was told someone had to die or be disabled for life before we would get any large sum of money. If the accident happened around Atlanta we would have got more money. Some ambulance chaser lawyers might contact you. Hopefully you get the best! I know I could have did better. This might effect your wife many years down the road.

[TROY13]

Hate to throw wrench in the lawyer party but, You should know a few things.
1. Most people carry liability limits of 25/50/25. The fist 2 munbers represent how much bodily injury protection you have per person the 2nd number is how per accident. 50,000 is Ga law requirments.
2. The responsible Company only pays under BI when the medical part of the claim is over. AKA your done healing and your well and ready to sign a release for the company.
3. The lawyers fees you pay are subtracted from what you can get. In other words every penny to a lawyer is a penny you can't get.
4. Your can run out all the medical bills you want to. The Ins. company is only responsialbe for the limits on the policy they sold.
7. Claims can take years to settle. How long can you wait?
6. There are a lot more things I could include.

The best advice I can give you is this. Before you go get a lawyer, see what the insurance company is willing to offer. If it is not reasonable then you say no to them. Ask them to consider (list all you went through and the expenses you inccured), if yall can't agree then go see a lawyer.

[FishingAddict]

I would wait to see what the insurance company offers.

If I get in a wreck, and I am banged up, but don't have to miss work and I don't have permanate damage....I'm not going to try and take the insurance comapany to the cleaners. Pay for my medical bills, fix my auto...and I'm good. I'll heal. Its not like you are punishing the driver by suing, it's paid for by insurance...which is paid by the general pubic who did nothing wrong.

If the insurance company drags their feet, or does not cover your bills, comment that you are going to get a lawyer before you sign anything and they will most likely ante up more money in a hurry.

Some folks have the "I hit the jackpot when I get in an accident" mentality....

[bdpost]

Anytime you get a lawyer involved it will take three times as long to get anything done. nobody from the claims dept or adjusters will talk to you, everything has to go through the lawyer (which is billable!) If it is mostly property damage go to kbb.com (kelly blue book) and it will give you a pretty accurate value for your car. If you go the route of no lawyer it will be a negotiation. The insurance co. will low ball but if you have all your information together you can work something out. In my experience as an agent, if the injuries are minor- work with the insurance company. And use your own agent to help you-making calls on your behalf, etc. - if you feel like the other company is not working to settle the claim. Sometimes it helps to have an agent talk to the other companies claims rep, then they know you are not someone who can be pushed aside.
Glad to hear nobody was hurt to bad!

[TROY13]

I am an insurance agent also, 23 years. Not all insurance companys are bad. You just better be gald they have insurance, I promise you at least 20% of cars on the road do not.

[hoochfisher]

smokey, i browsed the replies and did not see mention of this, thus proving my point, one thing most folks don't know is, that the ins. co. is REQUIRED to pay you a settlement of three times the amount of your medical bills, PLUS diminished value on your car if it is not totaled

[Smokey]

smokey, i browsed the replies and did not see mention of this, thus proving my point, one thing most folks don't know is, that the ins. co. is REQUIRED to pay you a settlement of three times the amount of your medical bills, PLUS diminished value on your car if it is not totaled

Interesting. How can I find proof of this?

[Fishin & Hunting]

Get a lawyer.

My daughter was run over (run over, not just hit) while jogging, crossing an intersection. While she was in the hospital with crushed pelvis, broken vertebrates, broken leg, other major leg injuries to both legs, and severe internal injuries; the drivers insurance company (Liberty) was rude to us and refuse to pay. So while my wife and I waited to see if my daughter would make it, we also had to worry about the money issue.

Long story short after one year of refusing to pay, we got a lawyer and their whole tune changed. The pay off was sweet, just because we got them to pay. Too bad the lawyer got half.

[Twenty five ought six]

How can I find proof of this?

You can't.

[Whiteboy]

Mohammad turned in front of me a few years ago. Totaled my truck and the Towncar he was driving. I had a broken nose from the airbag, concussion, leg puncture wounds, etc. I met their insurance agents and told them all I wanted was my truck replaced, bills paid for stitches and the doctor, and a rental car provided until my truck was replaced. They wanted me to sign things and I told them I'd be happy to once they had made things right, but I wasn't signing anything the day after it happened. They said they'd get me a rental car the next day. No action next day, and on the third day they started waffling saying maybe it wasn't their guys fault. I told them they did not want to play games with me, especially since there were witnesses. Bottom line was they were stupid and cost themselves big bucks because they forced me to get a lawyer involved. I didn't have a high opinion of lawyers at the time, but they are a notch higher on my list than insurance companies right now, and I won't even talk to them if in the situation again.

[robertyb]

smokey, i browsed the replies and did not see mention of this, thus proving my point, one thing most folks don't know is, that the ins. co. is REQUIRED to pay you a settlement of three times the amount of your medical bills, PLUS diminished value on your car if it is not totaled


Pure Bull.
I might use this post on my foodplot as fertilizer.

Where do people get these ideas??

[redkelly]

i was an isurance adj for 8 yrs

[redkelly]

let me try again.....DO NOT GET AN ATTORNEY.....for a simple accident like this you dont need one..an atty will get 30 to 40% of your settlement.....no more than you can get by settling yourself...figure up your med. expences and ask for 2.5 time that....that is pretty much standard....cant tell how many claims I had where we settled for the same thing the injured would have got themselves and we knew the atty did nothing except the same thing you could have done with one call to the adjuster and kept 100% of the claim. a lot of the time the injured would end up with just enough to pay the claim after the atty got their cut. If you had serious injuries I would tell you to go to an atty. but for a simple claim like yours dont give an attorney money for nothing..... serious injuries , out of work for a long period of time get an atty. PM me if you have other questions....and by the way I work in a factory now...NOT for a insuance company

[Soybean]

smokey, i browsed the replies and did not see mention of this, thus proving my point, one thing most folks don't know is, that the ins. co. is REQUIRED to pay you a settlement of three times the amount of your medical bills, PLUS diminished value on your car if it is not totaled

where did you get this info?

[Soybean]

Some folks have the "I hit the jackpot when I get in an accident" mentality....

this and lawyers are part of the reason insurance rates are the way they are today.