by KKmommy » Thu Nov 29, 2007 12:40 pm
My children and I were rear ended Sept 23, 2007. I secured an attorney and assumed he would be handling my children's claim as well. He is not and only recently contacted me to sign papers allowing him to represent my children. During this time I have found out my attorney has been in jail for the past 4 years for embezzlement. He also told me during these past 4 years he had taken time off and was in Europe taking a much needed vacation. Ok so Im stuck with him and at this point I am trying to handle my children's claim on my own. My children werent taken to the hospital in an ambulance nor was I, I was taken straight to jail and not offered medical attention because I was driving under suspension. The driver who struck me failed to yeild to a light on a draw bridge and rammed the back of my car. The insurance company has totaled my car and paid damages in the amount of $1500.00 (and I had to pay the storage and towing fees). Ok so when I was released from jail later on that night I had to go the ER and took my children along with me of course. A very good friend of mine came with to help with the children. I did not realize until later on that my children had not recieved xrays. I'm trying to make this story short but detailed as possible. Again I am trying to settle the claim for my children who are 2 and 10 the 10 year old being a downs child. Neither of my children are verbal and I have a hard time trying to access they're level of pain! My children's lives have been turned upside down to having to move from a private school to a county school, to changing they're everyday routine, as well as nightmares and the battle I go thru to get them both in vehicles and on the school bus since the accident. The insurance adjuster offered my children $500.00 for they're pain and suffering. This is ridiculous to me, what should I do, how do I know what they're claim is worth? What about future effects of this wreck on my children? The adjuster has assured me that because my children had to leave they're home and relocate to another school who cannot service my son's needs as his previous school...my 2yr old's nightmares and unwillingness to ride in a vehicle is compensated for with an offer of 500 not to exceed 650.00!
Posted: Thu Nov 29, 2007 07:01 pm Post Subject:
First of all, there needs to be a lot more information here. #1 can you tell us what state this is in? #2 what type of damage was to your car, the word "rammed" means a lot of different things to people, some people who have no damage to the rear of their car after a stop light rear end accident say they were "rammed." Also, if the kids are non verbal do you know if they are hurt at all, can you tell? It is very hard for an adjuster to pay out a lot of money with limited treatment on the children (who are nonverbal) so there is no complaint of pain, no xrays and to be frank, the witness qualifications do not favor you since you were on a suspended license and went to jail. #3 Did you have insurance?
I am very sorry for your loss but a little more information would help.
Also, being stuck with an attorney is not true, you can drop the attorney at any time, yes the attorney may demand some type of payment but it doesn't sound like he has done much, it seems like you have done all the work.
Also I have never heard of the police taking someone to jail before the hospital if you complained of pain at the scene?
Please clarify, sorry if I missed any of the answers to my questions as I read.
Posted: Thu Nov 29, 2007 07:35 pm Post Subject:
It happened in the state of Mississippi, my car was rammed as in my trunk is in my backseat and yeah I did complain of pain still it did not matter as he insisted on my going to jail. My daughter complains of pain all the time and again my son is non verbal he's more cranky then usual so I assume something is bothering. and I had no insurance
Posted: Thu Nov 29, 2007 07:37 pm Post Subject:
When I say complain of pain she's constantly raising her shirt and pointing to a boo boo. I dont know what to do and am I at fault because my license was suspended? There wasnt a sign posted on my rear window saying hit me i'm uninsured and driving under suspension, I was stopped in traffic minding my own business waiting on the draw bridge to open and close again.
Posted: Fri Nov 30, 2007 03:00 am Post Subject:
I am not sure if Mississippi is like NY but over here, the fact that you were uninsured plays no part in the liability. You were rear ended and that means you are 100% not at fault. As for you being uninsured, you are going to be in for some heavy fines and/or license suspension, but that is another matter.
You need to find another tattorney. He works for you. Go for a free consultation and see what the next attorney says. Yours may be guilty of malpractice but it is hard to get one attorney to sue another.
Good luck. You should be suing the pants off the guy that rammed you. Didnt their insurance pay 100% of your damages? Your children's cases are worth a lot mroe than $500. They always offer small amounts because some people will take them. A good attorney knows what a case is worth.
Keep us posted.
Posted: Fri Nov 30, 2007 06:50 am Post Subject:
Being liable for a loss has nothing to do with you have a license, insurance or anything else, liability is based on who is at fault for an accident. I am in CA and you don't even have to be a citizen of the US here and can still file a claim. I am not sure on Mississippi law but in CA you cannot claim pain and suffering (general damages) if you are uninsured, you can only claim medical expenses. You need to clarify this law in Mississippi, one way is to simply ask the claims adjuster, I see no reason for them to mislead you in any way. Also, in no way do you have to accept their offer, you are more than welcome to treat however is necessary, if the children seem to be in pain or may need treatment, as a mother you should do so immediately and seek reimbursement at a later time. Also, another attorney seems like a very good idea, I do not necessarily like attorney's but in a situation where you are lost and have no insurance to fight for you, assistance would definetly be helpful.
Good Luck.
Posted: Fri Nov 30, 2007 10:37 am Post Subject:
Ok, I'm sorry, but this post is really sticking in my craw!
I don't understand ANY mother professing such worry for her children, and their 'trauma' from an auto accident, when she was taken to jail...Want to talk about traumatizing your children!!!!! Don't you think that did permenant damage to them seeing mommy handcuffed and hauled away!?
This has to the the stupidest question I have ever seen in my life....
am I at fault because my license was suspended?
Let me answer that for you YES, YOU ARE!!!!!!!!!! Let me guess are you suspended for no insurance maybe?
I'm sorry desparately for your children. But you are putting them in danger and jeopardy every day by driving suspended and without insurance.....but you don't want to address the harm you are causing them....shame
Your children are due an injury settlement if you think it's worth more than 500 bucks then attempt negotiation with the carrier....I think most of the trauma is their mama went to jail, and the things that insued AFTER the accident.........
Trusso----
You were rear ended and that means you are 100% not at fault
I have seen cases won, when a driver was suspended or uninsured even on rearend claims, because they never should've been on the road at all...apparently/obviously this carrier didn't attempt that defense...However, not too bad an idea in some cases.........I'm sorry that I am coming off harsh and irritated, I am....I have dedicated the majority of my life defending children....I think a harsh look in the mirror is a good idea. I do wish and pray the best for your children, and your life with them.
Posted: Fri Nov 30, 2007 02:53 pm Post Subject:
Wow well thanks for your reply, seeing as how you know nothing of the situation, I'll over look your attempts at insulting me. Now my children never saw me put in handcuffs or otherwise as I had them removed from the scene due to the thunderstorm that hit seconds after the wreck, so they missed that part. For whatever reason my license was suspended has nothing to do with this case, as I am NOT at fault for this situation. Yes I was driving under suspension yes I was driving without insurance, I dont think the man that hit me knew that or cared when he decided to ignore the light and hit me. I asked for advice as far as the claim is concerned, my children are well taken care of and before the accident healthy and happy children. Dont be so quick to pass judgement when you know nothing.
Posted: Fri Nov 30, 2007 04:53 pm Post Subject:
Having no license or no insurance has no bearing at being at fault. I was a subrogration examiner at a HUGE insurance company and I never would consider someone's legal status to be on the road as a contributing factor toward the accident. I am not saying that those violations should not be accountable but they have nothing to do with who's at fault.
Do you know how many cases I had where the other driver's insurance company would try to negotiate fault with me because their insured hit our insured, who was parked in a NO PARKING zone illegally. My insured has ZERO liabiltiy in that case. How could my insured's car be at fault when it was a fixed, stationery vehicle? It didnt move, the same way a tree doesnt move. I won every single time in that situation, even if it was sent to arbitration. Of course, my insured should have received a ticket and even should have been towed away but that is another matter altogether.
My vehicle was just declared a total loss. I was driving at 10pm at night a few weeks back and there was no one on the road. I was going 25 MPH and about to make a left turn at a green light. I made my turn as I always do every night when I come home and BOOM! I heard a loud crash and some crashing sounds outside. I never saw a thing. Nothing! My car stopped dead in the middle of the turn as if I hit a brick wall. It turns out that I hit another car coming toward me. I was shocked to think that I never saw the car. How could I not see the car, even as I hit it?
It turned out that the idiot driving the other car was a 17 year old with a junior license (shouldnt be on the road after 9pm), was driving a dark ford with no insurance, no registration and had switched license plates on it so he should never have been on the road. How did I not see him? He had no headlights on and they didnt work. He was also going 80-90 mph and came from the other side of the green light where there was no streetlight overhead. Thank God for witnesses who had a front row seat while they were waiting at that same traffic light (on the red side). The police told me she gave a strong, clear witness statement and thanks to her, I will be ok. Without her, I was 80-100% wrong on paper. The other guy was going straight and had the right of way. I turned into him.
BUT...
Without headlights, I never had a chance to avoid him. He, nor that car, was legally supposed to be on the road. That has little to no bearing regarding fault. The headlights are what makes this case rule in my favor. The police told me and my insurance told me that without my witnesses, I would be dead out of the water.
Posted: Sat Dec 01, 2007 04:14 pm Post Subject:
Do you know how many cases I had where the other driver's insurance company would try to negotiate fault with me because their insured hit our insured, who was parked in a NO PARKING zone illegally. My insured has ZERO liabiltiy in that case. How could my insured's car be at fault when it was a fixed, stationery vehicle? It didnt move, the same way a tree doesnt move.
Sorry, but your insured _can_ be at fault. The area is a no parking zone for a reason... usually because it's an area where it's dangerous to park (such as loading zones). Your insured assumed some responsibility for the damage to their vehicle as they knowingly placed it in an area where it was likely to be damaged... and again, they were put on notice of this situation. It was clear as day to them but they choose to ignore this. That is why they can be held partially responsible.Posted: Sat Dec 01, 2007 04:54 pm Post Subject:
OP, I'm guessing your children either received no medical treatment or extremely limited treatment. If so, I'm also assuming that there is no indication that they were physically injured. If so, we are just addressing their emotional trauma (you mention one child pointing to his stomach and you don't know if he is hurt... I'm betting the doctors did not find anything physically wrong).
Don't take this personally but I'll shed some light on how the adjuster is looking at this. Young children don't usually fully understand the dangers of being in an accident so they tend to bounce back pretty quickly and fully. Your children cannot opine about how they feel so it's difficult to understand what, if any, trauma is related to the accident. As mentioned, you were taken away from them shortly after the accident and I'm sure they were upset about this (not related to the accident). So how much trauma was due to the accident and how much trauma was due to your children being separated from their mother right after the accident? How would your situation look to a jury? A mother with a suspended license and no insurance is driving her young children around. You may get someone like Lori on the jury :oops: ).
Do I think your children's claims are worth more then $500? Yes... and I have little doubt that the adjuster will increase his/her offer... it seems like it's already been said that if you were willing to accept $650 to settle, it would be offered (it probably won't be offered unless you agree to settle for that amount. You _might_ (and I mean _might_) be able to get the adjuster to settle for a little more then that. If you were interested in this possibility you'd probably have to wait a few months in order to get the adjuster motivated and just want the claim closed instead of sitting on their desk making them have to review it ever so often. You'd also probably have to calmly explain why you feel the claim is worth the amount your asking for and get on the adjusters good side.
So good points you can make... while you understand you should not have been driving without a license or insurance, you don't think that information would be admissible in court anyway (I don' think it would as it's not relevant to your children's injuries). Your children would be _extremely_ sympathetic in front of a jury. Trust me... no adjuster wants to have two young children go in front of a jury. It can _really_ be a roll of the dice and it's not uncommon to have a jury go completely against the big bad carrier and side with the young children. If you attempt to negotiate with the adjuster, you need to make a counter demand. Your demand should not be pie in the sky (don't ask for $100,000) as this will just shut him/her down and they won't take your seriously. Let them know your looking for something like $3000 and then start talking to them about your children and what I mentioned above. Perhaps not all at once, though. The adjuster will counter with a higher amount and you will need to drop your amount as well in order to keep the negotiation moving. That is how it works and why you need to start much higher then what you would settle for. Sorry to say this... but it's just like buying a car. Don't give the adjuster _any_ impression that your willing to settle this matter for anywhere near their lower offers. If needed, let them know you cannot accept their offer and let them sit on the claim for a month or two. Adjusters are responsible for addressing all pending claims and settling all claims. They don't want this type of claim sitting on their desk. Time is on your side.
That also brings us to the situation with your attorney. I'm adjuster... but I also understand why some people should use attorneys and while others _need_ to have attorneys. But in your case I really think your attorney is doing nothing and just looking for a check at the end. If your going to pay this guy 33% of the settlement, he should be doing _EVERYTHING_ for you and holding your hand the entire way. Is he doing this? My recommendation is to send this guy a letter, tell him he's not doing what he promised, you feel he misrepresented himself to you and let him know he's no longer representing your children. As mentioned, he will probably ask for a portion of any settlement... but with something this small, I can't see him pursuing it (he's really not done anything). Of course, there is the possibility that an attorney might be able to light a flame under the carriers but and get a few thousand more then they would offer you. I can't deny that. But keep in mind, if you could get $800 per child, an attorney would need to get about $1100 in order to covet what they would take or you'd actually get less then with no attorney.
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