On Wed, 23 Feb 2005 17:35:57 GMT, wrote something wonderfully witty:
I didn't even know that the insurance company provides a lawyer. I'll ask
>them about that. Thanks, DD.
>
>-Mike
>
They do, they all do. She isn't after you unless you have some really deep pockets. She is after whatever she and her ambulance chasing mouth-piece can get out of the insurance company. You really have now worries dude, unless of course like I said, you have really deep pockets.
Personally I am semi-surprised she even found a member of the bar to take on this case at this late time. I am also surprised that your insurance company isn't attempting to shut her down. They usually will never admit to any type of negligence or liability. They have plenty of Attorneys on staff and normally fight these things tooth & nail.
random babblings from someone who does not practice personal injury law:
ignore it until and unless you get served; and then call your insurance co.; politely tell anyone purporting to represent her you have nothing to say to them; keep in contact w/ Justin (and don't piss him off) in case your atty would need to depose him at some point;
only thing I can think of re: the lapse of time would be that she might have been having pelvic pain or some problem, she gets and x-ray of the area and it shows an older crack or fracture related to the same period of time as the accident. Sounds like a major causation problem to me; in order to find you liable as a matter of law, the finder of fact (be it either a judge or a jury) has to find that your negligence was what is called the "proximate cause" of her injury. (as in, that's what really did it)
-- A happy kid behind the wheel of a 98 Mustang GT Cold air intake FRPP 3.73 gears Steeda Tri-Ax Shifter Flowmaster 40 Series mufflers (self-installed woohoo) Hi-speed fan switch
Two years after the accident is not all that unusual. Many cases are not brought until right before the statute of limitations for filing runs out. And that time can vary. many will file just before it runs out, on advice of their counsel, just to make sure they do not lose their rights.
Not to say this is not a nuisance suit, but it could be very real and the claimant is mak>While technically IANAL (I am not a lawyer), I'm did finish law school, just
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On Thu, 24 Feb 2005 11:48:56 -0500, "japhar81" wrote something wonderfully witty:
Well I've passed many a bar, but I've also gone into way to many as well. All kidding aside do you have any recommendations for approaching an insurance company for a settlement without an Attorney? I don't want to split any award with one.
I was rear-ended last week and have gotten some back problems out of it. They have been documented with a trip to the ER and a couple of follow-up Dr's appointments. I also have a witness to the accident who gave the cops a statement and is willing to testify. The woman who hit me was cited for following to close.
I'd like to get a little pain & suffering money and compensation for being out of work for a week along with getting my vehicle fixed correctly. It was brand-spankin new with < 200 miles on the clock when she slammed into me @ about 60mph. I have a good personal health insurance with no deductibles so I'm not overly concerned with medical expenses.
Give me good advice that works and I might even throw ya a couple of bucks.
I was a witness to an TA and they waited for several years before they found some s333head to take the case. I thought it was so I wouldn't be around any longer or I would not remember what had happened. What I would do is tell them to contact the insurance company. I hear nothing, I see nothing, I say nothing. Contact my insurance company. OPS! I forgot I sign nothing.
It's actually a surprise that they have not contacted you if the report actually reached the insurance company. It's not unusual that the guilty party will wait and hope it all goes away.
As for approaching them, you are free to do so as long as it's not your insurance company handling the case. If they are, you best keep your mouth shut and say, do, and sign nothing without their advice.
If you have not taken this to your insurance company, you can contact the other party's insurer. This is my take on it though. If a lawyer represents you, the pay off is apt to climb higher, because the attorney wants the biggest cut of the settlement he can get.
There is an old piece of advice... if the other party has an attorney, you better have one too!
When my son was killed by a school bus, the initial offer was under $200K. Then a lawyer was secured for the estate. The settlement quickly climbed in steps to near $1M, even though the fault was obvious and the attorney basically did next to nothing. It's possible that direct contact could have eventually pushed the settlement up, but I doubt it. The attorneys know the tricks, like using public relations (newspapers, etc) to their advantage.
If it's you against their attorneys, you are at a disadvantage unless you happen to be an attorney yourself.
It could easily be a choice between a $20K settlement, or an attorney drives it up to you get $60k and the attorney you hire gets $40K. Plus they handle all the court document filings and so on.
Oh, and if you do hire >On Thu, 24 Feb 2005 11:48:56 -0500, "japhar81"
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You share an insurance company? That makes things more difficult... A few things first;
Did you tell the claims person about your injuries?
Did you already cash their check or sign anything? (if they just took your car to their shop, that doesnt count).
In alot of states, if the insurance co. sends you a check for damage repair and you cash it, it can be argued that you agreed to settle the claim for that amount by cashing the check.
If not, here's my suggestion. Call a lawyer. Really, I know its a pain in the ass, and we're all bastards, and my office is a shark tank, and I have a frickin laser beam on my head (tm), but seriously, call one.
Do NOT call an ambulance chasing slimeball that promises a $5 mil settlement for every slip and fall. Call a regular attorney. If you need one, tell me what area youre in and I can probably recommend someone good.
Have the attorney write a letter to the insurance company, with a copy going to you, and a copy to the claims agent you're dealing with, asking that you be reimbursed for medical damages and a (reasonable) amount for pain and suffering. The letter won't cost more than $200.
Usually if you make reasonable demands and can back up the medical bills, they'll just pay it out. If not, the attorney will tell you what to do next, but you'll probably spend another $200-$500 to file a claim in court. At that point, they'll almost definately pay you out to make you go away -- its just easier and cheaper that way.
The thing to remember is, lawyers hate being in court. Many go their whole lives without ever getting up in front of a judge. Litigation is a long, expensive, and unpredictable process. Make reasonable demands, and any attorney will settle out of court in a hurry.
As far as approaching on your own, DONT. Just, DONT. They have lawyers, so should you. If you don't, youre going to wind up screwing yourself.
On Fri, 25 Feb 2005 11:01:33 -0500, "japhar81" wrote something wonderfully witty:
Ok here is the current deal. I called them today and they basically promised to pay all reasonable medical costs for anything associated with the accident, lost wages, and began discussions over my issues with having my vehicle repaired. My F-150 had less then 200 miles on it when hit and I do not want any parts repaired, I want them all replaced. Funny thing is the difference in price is like $200 bucks.
I'm not out to be an asshole on this, not looking for a bingo, but I know once I sign a check it is all over & done with. If something pops up 5-years from now, that is my problem. Is there any type of formula on what is a fair & reasonable amount for pain & suffering (my back really is killing me) and future issues? I really do not want to bring an Attorney into this situation unless I have to. I feel that they are what drives costs up across the board. Of course it is also the bastard insurance companies fault for always trying to low ball people.
Sorry I've been gone for a few days -- just started a new job -- yay me! I can pay for my '05 now:)
Anyway, back to your problem(s).
First, your repaired/replaced parts issue. Its really a matter of how much of your time is worth the $200, that said, Im the first to throw good money (time) after bad to prove a point. With such a new vehicle, I'd want the parts replaced. Ask the insurance co. if their 'repaired' parts come with a lifetime warranty. My progressive policy does. My old Allstate one did as well. If they do offer that, get it, in writing, for this repair, and leave it at that.
To give you an example, on my old RSX-s that I spun out on a steep exit, they did the repair instead of replacing my fog light like they should have, it went to shit two years later, literally falling out of the housing. I pulled out my little slip, went back to the same shop, no muss, no fuss, no deductible. If they guarantee it, what do you really care?
If they don't, tell them you won't settle for less than a new part. If they give you shit, tell them an attorney will give them a call. That should turn them around. If not, have an attorney call and chat with them and/or fax/send a quick letter ($100, max.). They're obligated to return your car to 'like-new' condition in most jurisdictions, which on a >the ass, and we're all bastards, and my office is a shark tank, and I have
On Mon, 28 Feb 2005 22:43:57 -0500, "japhar81" wrote something wonderfully witty:
Right now auto repairs are running ~ 2k, medical about ~ 3800, rental ~750, lost wages ~ 3000. I haven't kept track of travel. It has also had an impact on my school work as I am in an MBA program and might end up with an I in a course.
Knowing the formulas would be way cool. I'm not out to screw no one over, nor be screwed over either.
Coming up with the infamous Pain & Suffering is where I am at as I know they will take care of all of the above. My freakin back is killing me and apparently the entire situation has thrown my blood pressure into overdrive and I was just placed on blood pressure meds today by my family Doc.
Ok, here's how Id structure it, based strictly on what my books say; Repairs: $2000 Rental Vehicle: $750 Medical Expenses: $3800 Lost Wages: $3000 Course Cost (only if you do get an I): whatever it costs to retake the class Pain and Suffering: ($3800+$3000)/2=$3400
So without the college credit, you wind up with: $12950, round it to 13k even.
If theyre being hesitant with you right now, you may want to start by including your course costs when you first approach them, which Id guess puts you at 14 or 15k. Then you have room to negotiate down, which you may have to do.
If you do go back and forth, remember that if you give up more than the $3400 pain/suffering number, you wind up losing money.
On Tue, 1 Mar 2005 15:14:27 -0500, "japhar81" wrote something wonderfully witty:
It appears at this time that I am going to get actual costs on everything except the pain & suffering number. They just sent me the paperwork in the mail. If they pay to fix my truck (correctly already have a check for most of it) pay for the rental (already in the works) pay my medical bills (again already in the works) and give me back the lost wages (well actually used sick time) then I figure whatever I get in my paw is the pain & suffering money. Would that be correct?
Think they will bite at $5k for pain & suffering? Additionally there is the major hassle factor all of this has caused me.
Anything you net after paying back everything you lost, they'll consider p&s money. So will a judge.
If you have a valid claim to p&s money, which it sounds to me like it does (remember, im not a 'real' lawyer), theyll pay it. Will they 'bite'? No, they'll kick, and scream, and bitch till you smack them around a bit and convince them you wont settle otherwise.
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