by ttrometer » Fri Feb 20, 2009 09:02 pm
My parents were in an accident approximately 1 year ago in St. Louis. A little over $4K in rear end collision damage done to their car. My dad's medical bills are $14K and my mothers are $13K. Both had significant soft tissue damage and were treated approximately 1 year. My dad was told he has a permanent disability related to his neck injuries by both his doctor and an independent doctor the insurance company had him go to. Insurance company is in the process of providing a rear end collision settlement. Wondering what is reasonable and if they should get a lawyer. Both are over the age of 70.
Posted: Wed Aug 18, 2010 05:12 pm Post Subject: Legal Assistance
If the other party was at fault, ALWAYS get an attorney. Once you do, the other driver's ins. company is not allowed to approach you directly. The attorneys will keep track of your bills, utilize your all of your MEDPAY (look it up), and keep the collections depts from ruining your credit. I know...I'm in the middle of a very painful recovery right now (11 months and counting). If I settle out of court, my attorney gets 25%. If we go to litigation...30%. But my best friend (who manages an insurance agency) assured me that having an attorney will more than make up the difference. I think that those on this forum that advise against attorneys are probably insurance claims adjustors! On the afternoon I was rear-ended (45 MPH, and I was stopped with my turn signal on...no skid marks!), I was a 52-year-old man that felt 42...now I feel 62. The woman was texting. If they gave me a million dollars, I wouldn't go through it again.
Posted: Wed Aug 18, 2010 07:22 pm Post Subject:
In upteen years that is the first time I've ever heard of an attorney charging less then 33% for settlement out of court and 40% plus expenses if in court.
But my best friend (who manages an insurance agency) assured me that having an attorney will more than make up the difference.
Well, there you have it... someone who's educated in injury settlements and the amounts that are paid for rep'ed vs unrep'ed claims. Also, that has a vested interest in how the claim works out.I think that those on this forum that advise against attorneys are probably insurance claims adjustors!
Mostly, in one form of another. In mst cases I don't think you will find the people here recommending against attorney representation. I think in some cases we will point out that the injured person will probably loose money (policy limits being paid or minor injuries with little to no treatment). We also tend to advise people that they may want to hear the injury offer before securing an attorney. There is no harm and I'm betting many people would be surprised.Posted: Thu Sep 09, 2010 05:22 am Post Subject: JtiYrjwX
kWYtmtsi
Posted: Thu Sep 09, 2010 06:30 am Post Subject:
If the other party was at fault, ALWAYS get an attorney
Such a rush to engage the services of an attorney is generally unwise. I'm an agent, not an adjuster, so I have no vested interest in the settlement of a claim. The rush to retain an attorney is based on the misconception that insurance companies are not going to pay the claim or going to take advantage of an insured or their victim.
That's just not the case in the majority of claims. It is also not to say that claimants have not been abused by an insurance company.
The time to get an attorney is when the claims negotiations reach an impasse or a claim is denied by the insurance company and they will not reconsider.
Turning to an attorney will simply result in a loss of 33% or more of any eventual settlement or judgment. Why give that up if you could collect the entire amount on your own?
Posted: Thu Dec 16, 2010 05:31 pm Post Subject: Kansas No Fault State
Did ANYONE know that in a No Fault State, though you pay your premiums, that YOU have to pay back YOUR insurance company all of the medical bills on your PIP?
I was rear ended while sitting at a stop light, by a woman at 40 mph. She was on her phone. After one year, and $25000. I am not nearly healed. My PIP ran out, and I am in terrible pain still, with my shoulder and my arm. I still have 3 buldging disks in my neck, and no private insurance. I have to wait until my attorney settles my case to have more doctors screw me so I can feel better. My doctor has evaluated me at a 20% whole person impairment. He also says that I will need care for the rest of my life at least once a year of physical therapy and more.
My attorney says that he is afraid that I will not even get enough to pay th PIP back. What do you think of this? Does anyone out there have similar circumstances? How much did you you get $? Thanks
Posted: Thu Dec 16, 2010 09:09 pm Post Subject:
Did ANYONE know that in a No Fault State, though you pay your premiums, that YOU have to pay back YOUR insurance company all of the medical bills on your PIP?
This is not always true. Some states permit SUBROGATION of PIP coverage and some (perhaps most) do not. What state are you in?
My attorney says that he is afraid that I will not even get enough to pay th PIP back. What do you think of this?
Unless the at-fault party had very low limits of liability and has no other significant assets, your attorney is misleading you -- your words: HE IS AFRAID -- he doesn't want to put in the effort necessary to argue your case effectively. This is not uncommon among "Personal Injury" attorneys . . . they are big on talk and short on litigation experience. Some have never actually tried a case, only filed complaints attended the initial hearing and then obtained a settlement.
In negotiating a settlement, if you are in a PIP subrogation state, that amount should come off the top, before your attorney takes his fee -- but there should also be negotiations with the hospitals and doctors to get them to reduce their fees also.
If your medical evaluation shows that you will need lifetime care, then that needs to be incorporated into your settlement.
Posted: Sun May 15, 2011 10:25 pm Post Subject: please do not rear end anyone
I had surgery a few years back.Very successful.I was alive and able to do anything.Ride 50 miles on a bike,get a flat and walk 20 miles home.Then I was rear ended by a young kid who had brake failure.The day my life changed.After I could not walk 200 yards.Had surgery on two other levels..
I dont care about tort or anything else.I dont mention the accident when I see drs.Because they label you,Turns out the surgeon submitted to pip.My life is changed forever because someone thought it was ok to drive without brakes.I could careless about money when my health is at stake for crying out loud
Add your comment