My 6 month old son and I were rear ended while at a stop light yesterday. We both went to the emergency room as a precaution, and we checked out fine. My car is only a year old, and it looks like they are going to consider it totaled. I don’t want to get taken advantage of by this ladies insurance company, yet I’m not looking for any “blood money.”
Do I trust that the insurance company is going to be fair, or should I seek the services of a lawyer?
#1 by oklatom on July 26th, 2010
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If you want to slow things down considerably, and get one third less than you would get on your own, by all means get an attorney involved.
Otherwise, just wait and see what the insurance is willing to do for you. If you aren’t sure what is and isn’t fair, your own agent is a wonderful source of information.
#2 by Sheila S on July 26th, 2010
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I would defidently check into at least a talk with a lawyer.
The insurance company or even your Highway Patrol should replace your carseat for safety reasons as well, just incase they didn’t tell you.
#3 by soaplakegirl on July 26th, 2010
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Try it yourself first. Most companies are desent to deal with. Make sure they replace your car seat. It may look okay, but you don’t want to take a chance.
#4 by CwboyBill on July 26th, 2010
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Why would you want to give a lawyer 1/3 of the settlement? Besides, I think the insurance company is FAR more trustworthy than any lawyer….
#5 by Lawnboy & Luna on July 26th, 2010
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Most attorneys will not take on a simple Property Damage claim, and do you really want to give your attorney 1/3 of the settlement.
First of all, I suggest that you consider filing a claim against your own Collision Coverage. That is why you paid for the coverage isn’t it? Why complicate things by getting the third party insurance involved. Since you are not at fault it is unlikely that your rates will go up. Your insurance company will be able to recovery 100% of the damages they paid out to you through the subrogation process.
Either way, yours or theirs, you will only get the ACV(replacement cost minus depriciation).
Depending on your policy and where you live, you may have PIP and /or medical payment coverage for your medical expenses. If you do not, then the third party will cover these for you.
The insurance company will be “fair”. Are you expecting compensation beyond the payment of your medicals and the damage to yor vehicle, i.e. “pain and suffering”? If so, let the adjuster know that you sustained minor injuries. Again, depending on the state where this accident occurred, you may be entitled to some monetary compensation. The adjuster can explain the bodily injury threshold requirements to you.
No need for an attorney!
#6 by MSAD on July 26th, 2010
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You don’t need a lawyer.
There are very few claims that do.
If you hire a lawyer — the attorney will take 1/3 of your settlement plus expenses. You could end up paying the attorney 40-50% of any settlement you get.
The insurance company will evaluate the injury claim based on the merits of the injury. The value of the claim does not increase because you have a lawyer. It’s your choice to hire the attorney — so it’s your responsibility to pay him.
Here’s what I would recommend. Talk to the adjuster handling the claim. See if you can work it out directly with the insurance company. If you decide you get tired of working with the adjuster and it’s worth it to you to give a huge chunk of your settlement to a lawyer — you can always hire a lawyer later.
The insurance company will do an investigation. They will have to speak to you and their driver and confirm what happened. Once they confirm what happened, they will be in a position to work with you on your claim for damage to your vehicle and your injury. The adjuster will be able to walk you through the process.