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 Posted: Sat Aug 29, 2009 9:33 pm Post subject: rear end collision 2003 nissan sentra. |
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| the adjuster for the other drivers insurance gave an amount of $7182. I had filed with my insurance then they said i needed to file with the other company as that driver was at fault. I had asked my agent if i should hire a private PI lawyer and she said, 'we have lawyers here to help you'. My husband is not comfortable with this. we both have whiplash, i have soft tissue injuries, he already had cervical and lumbar problems, plus a pre-existing head injury. I need someone to review the medical claim forms with me as well that the other insureds company sent us |
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mkl
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| Posted: Sun Aug 30, 2009 12:54 am Post subject: |
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First, I think you agent might be the bone head of the year.
If you have collision coverage you _CAN_ file under your policy if you'd like and any agent who tells you not do, should be buried in a hole. I'd understand them telling you your options and then mentioning that you may want to file under the other person's policy but if you have collision coverage and they tell you not to file under your policy then they are looking out for their own interest, not theirs.
Second, DO NOT accept a recommendation of an injury attorney from your agent. Go back and read that again. Now read it yet again. Choosing an attorney should not be made based on a bone head agents recommendation. It should be an informed decision. In any case, _you_ will be paying an attorney 33% of your settlement to assist with your injury claim. |
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tcope
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| Posted: Sun Aug 30, 2009 2:24 pm Post subject: rear end collision nissan 2003 |
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i had called the 800 #for my insurance to report the accident that night, the person did tell me about paying the $500 deductible for repair to the car (this was prior to finding it was totalled of course) and that they would pursue the claim for me--then she said, or you can contact the insurance of the driver at fault.
I know you would say it goes case by case, do you think normally a lawyer would get you a bigger settlement ((i understand their fee), i know i won't find out what the settlement would be for pain and suffering etc and medical bills until later. I read on a reponse to another question it depends on the 'driver at fault' liability limits? |
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mkl
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| Posted: Sun Aug 30, 2009 3:09 pm Post subject: |
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If your carrier gives you your options and explains them, this is different then just tell you to file with the other carrier. I also think the person who told you that your carrier had attorneys misunderstood. An attorney an insurance company provides is to provide you a defense... not pursue your injury claim against someone else.
I think in many case, yes the attorney can get a larger settlement. I think 9 times out of 10 this is not 33% more unless the injury is complex or the injured person does not understand anything about the settlement process. Some people should get attorneys, there is no doubt about that. Some people don't mind paying an attorney 33% so they don't need to deal with the process at all. It's also possible to hear the insurance companies offer and then get an attorney.
The carrier will make an initial offer. 99.999% of the time this offer can be negotiated upward. Time is on your side so don't rush into anything. |
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tcope
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| Posted: Mon Aug 31, 2009 1:49 pm Post subject: |
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Tcope,
| Quote: | Posted: 30 Aug 2009 17:09 Post subject:
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If your carrier gives you your options and explains them, this is different then just tell you to file with the other carrier. I also think the person who told you that your carrier had attorneys misunderstood. An attorney an insurance company provides is to provide you a defense... not pursue your injury claim against someone else.
I think in many case, yes the attorney can get a larger settlement. I think 9 times out of 10 this is not 33% more unless the injury is complex or the injured person does not understand anything about the settlement process. Some people should get attorneys, there is no doubt about that. Some people don't mind paying an attorney 33% so they don't need to deal with the process at all. It's also possible to hear the insurance companies offer and then get an attorney.
The carrier will make an initial offer. 99.999% of the time this offer can be negotiated upward. Time is on your side so don't rush into anything. |
Excellent presentation of the Facts. 
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That's my 2¢ worth for now. ( maybe ± a couple ¢ )
FK, |
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FK
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