<p>I’m really torn about this. My aches didn’t go away after being hit, and it turns out there are real torn muscles, ruptured disc in neck, rotator cuff etc. The orthopedic MD suggested I hire a lawyer. A dozen years ago, my father was hit. He had minor surgery in the E.R. The insurance company called him within days and offered him $25,000. Well, its been weeks, and other than one call from the driver’s insurance company (she was found 100% at fault, driving with 2 y expired license), nada. </p>
<p>Is it true people don’t just settle? Does one really need a lawyer? I am interested in others; experiences. Thanks.</p>
<p>My son reared ended a woman (going very slowly, btw). She hired an attorney and claimed she had back issues. The insurance company said they get that all the time and said they usually will offer a few thousand to settle the issue and that’s all it takes. We never heard from her again. $25,000 sounds like a lot more than a ‘make them go away’ settlement. I would talk to an attorney. Hiring an attorney lets the insurance company know you’re serious and not just making threats.</p>
<p>Usually the insurance company will pay all the medical bills. Are you expecting to lose time off of work? That can also be reimbursable. You can also talk to your own insurance agent and get some guidance.</p>
<p>Have you notified the other insurance company that you’re injured? Do they know that your aches haven’t gone away and that your injuries are fairly serious? No, it isn’t true that people don’t just settle. That’s how the vast majority of claims are handled. If you have a serious, debilitating injury that is going to require substantial loss of income, or any type of permanent consequences, then, yes, a competent personal injury lawyer is probably a good idea. If it’s just the typical type cervical spine/whiplash type injury, then you should be able to handle it yourself. </p>
<p>You don’t need a lawyer to convince the insurance company that you are serious. Call the adjuster and tell him/her about your injuries and ask how they would like to proceed. I wouldn’t seek advice about this from your insurance agent. They aren’t trained in how to handle claims, particularly bodily injury claims. If you want to speak to someone from your insurance company about this, it should be the adjuster who is handling your file at your company. Policies for medical expenses vary from state to state. Depending what state you live in, some of your medical expenses may be paid through your own policy but that doesn’t preclude you from making a claim against the responsible party’s insurer.</p>
<p>When my daughter was hit by a car (she was on a bicycle), the insurance company called regularly (she had a broken collarbone). So did lawyers. She took advantage of two free consults with lawyers, both of whom said her ultimate settlement should be about the same amount. She then negotiated with the insurance company herself and ended up with a settlement than was more than she would have gotten if a lawyer was involved–and the insurance company paid less than they would have if a lawyer was involved.</p>
<p>My guess, in your case, is that the other driver didn’t have insurance, if she was driving without a license.</p>
<p>“My guess, in your case, is that the other driver didn’t have insurance, if she was driving without a license.”</p>
<p>This is what Uninsured Motorist in your policy is supposed to cover. First though, you would need to confirm that the person at fault was indeed uninsured. This is a matter for your insurance company to determine. Call them. Get the ball rolling. And good luck.</p>
<p>A lawyer typically has the experience and contacts to know all angles to help protect your interests.
My advice would be to immediately consult a lawyer. Wait to see his/her opinion before you hire one. But I’d probably expect to hire one.</p>
<p>Thanks so much for quick responses. I’ll post more later. She is insured, driving a nice SUV. Our car was totalled. I’ll call my agent. And yes, I’ve had to adjust my schedule to make room for PT.</p>
<p>Make sure to take lots of photos of your totaled car before the insurance company makes it disappear. Give copies of wrecked car photos to YOUR lawyer.</p>
<p>Agree with the above. Your attorney will generally take the case on a contingency basis and take a portion of any recovery. What is the total of your MD bills? You should go to your PT so that you can fully recover. Your agent is a good place to inquire what is happening. They MAY have an attorney to recommend but you aren’t bound by that. It’s good to go with an attorney recommended by other satisfied clients. Most attorneys offer the initial consultation free.</p>
<p>I am a retired lawyer (although I practiced in a different area of law). Years ago, I had minor injuries in an auto accident clearly caused by the other driver. </p>
<p>I am surprised that you’ve had only one phone call from the other driver’s insurance company as your car was totaled. I’d expect almost immediate discussion about car rental issues and the value of your car. Did the insurance company give you a claim number and the name of your adjuster? </p>
<p>It is possible that no progress has been made on the injury portion of your claim because the total cost of medical treatment and time off work is not yet known–and really, you shouldn’t attempt to settle until you’re convinced that you know those costs and the extent of your injuries.</p>
<p>If you choose to hire an attorney, make sure that the attorney has experience in this type of law (that is, is a “plaintiff’s attorney” or a “personal injury attorney.”)</p>
<p>I found my own insurance company to be useless in helping me. For example, my teenage daughter was hit by another driver who admitted fault. The police report was clear. The other driver’s insurance company kept calling her for a statement. I asked my insurance company whether she had to give one, and my insurance company said, pretty much, yes. I later found out that she didn’t need to, so I told the other driver’s insurance company that she didn’t choose to make a statement and that everything they needed to know was in the police report, to which the rep said, “Okay.” You have an obligation to give a statement to your own insurance company if it is involved in the transaction because you have a contractual obligation to cooperate with the investigation. You have no such obligation to the insurance company of the driver who caused the wreck. An attorney who specializes in this type of work knows this; your insurance agent might not.</p>
<p>Be sure to keep records of all medical costs and the time you’ve missed from work. Good luck to you!</p>
<p>i am a lawyer and we handle this stuff. YES, unless you can deal with the insurance agent yourself, you need to get a lawyer asap. They will deal with insurance and find out the other insurer’s coverage as well as your collision cover age if it amounts to that. Sounds like in your dads case years ago they were trying to settle quick with what seemed like alot of money before he did some digging and discovered their policy limits were much higher. Because otherwise an insurance company would have not been so forthcoming with thayt much cash on a voluntary basis. get a lawyer and if you jave more questions for me please feel free to pm me if I can help.</p>
<p>Agree with keeping detailed records of time you need to take off for your medical expenses and wages you have lost due to the accident, as well as of course all medical bills. Get a GOOD personal injury or plaintiff’s attorney that others have recommended–you can interview several & find the one you like best. Don’t go just by who advertises the most–if you have any friends who are attorneys, they may be able to refer you to someone whom they know to be good and admired in the community. That can greatly increase the value of your case.</p>
<p>You do NOT need to (& in my opinion should NOT) provide a statement to anyone, other than the police and your insurer. If you hire an attorney, they can advise you about your rights and obligations and assist you in providing information to the attorney representing the driver who injured you.</p>
<p>Keep in mind that the other driver probably has a finite limit of liability coverage. In Texas, the minimum per person for bodily injury is $30,000. The other party’s insurance company will not pay more than the policy limit, whether you have an attorney or not. That’s where your uninsured/underinsured motorists coverage comes in or you could sue the other driver for the difference. Also, if you hire an attorney, the insurance company will communicate with you through the attorney and not directly to you. I work for an insurance agent. Personally, I would deal directly with the insurance company and only hire an attorney as a last resort.</p>
<p>The CC community never lets me down. A big thanks.</p>
<p>I was the passenger. My close friend was driving, so his car was destroyed. He hired an attorney he knows ASAP, saw a friend/psychologist who does lots of forensic work to discuss the traumatic stress syndrome, and has seen his neurologist. Seeing an orthopedic MD is new to me. I don’t complain much, so I think he was surprised that every MRI he ordered showed real damage. He gave me the name of an attorney. This doctor is no ambulance chaser; my long-term doc got me “in”.</p>
<p>My friend asked his attorney if he could represent both of us, and he said conflict of interest, but gave me name of a friend. Until I read CC responses, I didn’t know I could interview both. None of my lawyer friends are into this field, but I now know to research. I’ve become a hypervigilant driver, but I cannot fathom what any of my colleagues would tell me that I don’t already know.</p>
<p>Last thought (if anyone still reading), my dad didn’t take the $25,000. He was the passenger, and he didn’t want to “hurt” his friend, the driver, who was cited. His friend said he’d never drive again and gave up his license. </p>
<p>Yes, you should hire a personal injury lawyer. because there are so many laws related to personal injury claim, you don’t have any knowledge about them. So you have to hire a personal injury lawyer. For the best lawyer you can search the attorney websites and collect some information about the lawyer only then choose the lawyer.</p>
<p>Thanks, Nicki, I did hire a PI attorney. The woman who hit us owns 6 cars, but only has 10/20,000 insurance. So much for Progressive insurance and their cute ads.</p>
<p>My medical treatment is well-over $10,000 by now.</p>
<p>Keep us updated if you can. My mother was hit as a pedestrian by an uninsured driver who gave false information at the scene of the accident and was never found again.</p>
<p>Yikes. So what are your options? Does your attorney recommend suing her for a personal judgment? Just curious. I’ve known a few people in this situation over the years and their attorneys didn’t seem to think it’s worth it to go after someone for a personal judgment unless the person has a fair amount of assets.</p>