I got rear ended

[Guest Alana]

So my dilemma is should I get a lawyer or not?

There were injuries as would be expected from an accident, whip lash, i have some leg pain, a sore back. Seems so far to be all soft tissue stuff. I'm pregnant, and I had two kids with me. Kids so far seem fine. Baby is still bopping away. We all went to the ER after the accident. Oh, we were rear ended while at a stop at a red light. His insurance is accepting full liability.

Part of me think I should get a lawyer because my dad says so and because if the insurance company gives me any run around the lawyer will take care of it. Part of me doesn't want to because I feel like the lawyer will just try to get a crazy amount of money and it'll become a greedy thing that goes past any understandable 'pain and suffering'.

Any thoughts or advice?

[Lbybug]

keep all your reports and save them incase their insurance backs out? at least that's what i would do...

[BenRaines]

Get an attorney based on a referral of someone you trust. Not one out of the yellow pages or on late night tv.

Ben Raines

[miztrniceguy]

What Ben said.

[Gwen]

i would at least do a consult with a lawyer that was recommended by someone you know. many will do a free or inexpensive 30 meeting (around here they will anyway). one thing to keep in mind, your insurance company does not work for you, they work for themselves. our insurance company sold us out in a deal with another company once due to that being the best deal for the two of them not us.

as a person i would also see a chiropractor, the kids too, and list the reason you are going is pain from the accident. make sure the insurance is covering all the medical costs. i would imagine the insurance company is going to work with you fully given you are pregnant and had kids in the car. those factors get an emotional response from ppl would be so easy to win a lawsuit.

i'm assuming the girl in the picture is one of the kids that was with you? i'm not looking for reasons to milk insurance or anything but i would watch her very closely for emotional stress due to it. car accidents are scary and she is old enough to be very traumatized by it. she may be fine but even ppl old enough to understand everything have long term emotional trauma that may not be evident till months later. i had a friend in 9th grade that was in a car that was hit by a semi truck that ran a red light. they were lucky that everyone walked away with minimal injuries. last time i saw her, 4 yrs later, if she was in a car and a semi even approached quickly she would flinch and she would close her eyes going through intersections.

it's not being unrealistic to get full medical care and be covered. if it takes a lawyer to do that then so be it (unfortunately it usually does).

[marshac]

as a person i would also see a chiropractor, the kids too, and list the reason you are going is pain from the accident. make sure the insurance is covering all the medical costs. i would imagine the insurance company is going to work with you fully given you are pregnant and had kids in the car. those factors get an emotional response from ppl would be so easy to win a lawsuit.

You might also see about getting a MRI if you're having neck pain- it can see things that an xray or CT can't.

I'm with Ben et al on this- if you're experiencing pain and actual injuries, then get a lawyer before you sign anything or accept any money.

[Iggy]

Why do all of you think that HER insurance company is going to give her the run around? I work for an Insurance Agent, and I deal with our clients claims all the time. The carrier she has is NOT going to cheat her or give her the run around. It will pay her medical, repair or total the vehicle, then turn around and get the money from the At Fault driver's insurance carrier.

First of all, was the other vehicle (OV) ticketed? If yes, then they are the At Fault driver and their insurance will pay your medical, to get your car repaired or pay your vehicle off if it is totaled. Since his insurance has claimed At Fault, you really need to let your insurance do the job you have been paying them to do.

Did you report this to the OV insurance carrier. I don't mean agent, I mean carrier. Who is their carrier? All State, Progressive, Travelers, Rain & Hail, Geicko, ?,?,?

If you haven't reported it, you better do it now! Also report it to YOUR carrier- let them do the fighting for you - that is what you are paying your premiums for.

Do exactly what your claims adjuster tells you to do. YOUR adjuster, from your insurance carrier, not the OV. The OV carrier/adjuster/claims handler is working for their client, not you.

Once you get a lawyer, your carrier is going to step out of the picture, because you have pretty much said you do not want all of its legal expertise to handle this- free to you. In short- you pay no out of pocket money for the lawyers the insurance carriers have on staff- yet you will pay, and pay, and pay for a lawyer you hire.

Of all the accident claims, where the client went to an attorney first that I have been involved with, not one of them came out better for it. Their medical was only partially paid, the vehicle did get repaired but once they drove it from the mechanic that was the end of it, no recourse if there were hidden damages that didn't show up until 20 or 100 miles down the road. And as for totaling the vehicle, they never got the high end of the 'blue book' price.

My husband was in an accident- he did get ticketed, but so did the ov, our insurance carrier was notified as soon as husband got to work (we have Esurance, via the internet). Two days later a claims adjuster was out to look at the car - yes it was drivable- he recommended that the car be towed to the mechanic and that it be looked at thoroughly.

It ended up being fixed- we had rental reimbursement so we were able to rent a car for the week it was in the shop- husband saw a Dr about his knee that got crunched and also the Chiropractor for his shoulders, neck, back, & hips. Esurance paid it all, then went to work on the ov insurance carrier.

The OV never called is Insurance Carrier, he called a lawyer instead. Two and a half years later, he is out legal fees and is Insurance Carrier dropped him.

What our carrier's legal eagles found out is the OV was part of a hit and smash group. They cause accidents, sue, get medical, etc. Well, not this time. Had we gone through a lawyer rather than our insurance carrier we would have ended up paying through the nose.

When you have liability, medical, uninsured, underinsured coverage, plus comprehensive and collision coverage w/deductible of at least $250 or $500 you are paying for your carrier to protect your interests. Pay for medical, pay to fix or pay off your vehicle, pay for legal fees when it is necessary.

Why in the world then would you not allow them to do this by calling in a lawyer???

[Wingnut]

Why do all of you think that HER insurance company is going to give her the run around?

One person -- one -- referenced the OP's insurance.

[Gwen]

you don't have to tell them you called a lawyer. find out what they are offering, what you think you need and then ask a lawyer's opinion if it's fair or just or not, before you sign anything or accept any money. i'm not sure i see how it's wrong to get a second objective opinion on the situation. sometimes we are entitled to things we are not aware of, or there are time constraints on reporting things (like injuries).

from my experience the insurance company does not work for you. they are in the business to make money. they are hoping you don't get in an accident and if you do they want to pay as little as possible. they aren't going to tell you all your rights beyond what they think is reasonable. which sometimes isn't enough.

i would try to let my insurance company handle it but i would also before i settled everything get an outside qualified opinion on it all.

by the way i'm not saying you can 100% trust a lawyer either, especially ambulance chasers.

[Guest mirancs8]

Wow that's a bad accident. I would say it's worth speaking to a lawyer to get an consultation.

[FairChild]

Head tramua in young children can cause or increase ADD. Watch your little ones for awhile.

[Just_A_Guy]

The J. Reuben Clark Society has an online lawyer's directory here.

Find a lawyer that does a 30 minute free consultation. Print out Iggy's post, bring it to the lawyer, and ask if he can do better than your own insurance can do.

[Iggy]

One person -- one -- referenced the OP's insurance.

What is your point? I don't understand why you quoted me and then this response? Doesn't make sense to me.

[Hemidakota]

So my dilemma is should I get a lawyer or not?

There were injuries as would be expected from an accident, whip lash, i have some leg pain, a sore back. Seems so far to be all soft tissue stuff. I'm pregnant, and I had two kids with me. Kids so far seem fine. Baby is still bopping away. We all went to the ER after the accident. Oh, we were rear ended while at a stop at a red light. His insurance is accepting full liability.

Part of me think I should get a lawyer because my dad says so and because if the insurance company gives me any run around the lawyer will take care of it. Part of me doesn't want to because I feel like the lawyer will just try to get a crazy amount of money and it'll become a greedy thing that goes past any understandable 'pain and suffering'.

Any thoughts or advice?

I was hit head on and can attest, if you are experiencing pain now, there is something bigger here that needs attention.

My mistake but then I am different and usually don't sue people for their careless mistakes, I did not go after the insurance company and the other driver.

As Ben stated, seek an attorney. You may need it later as things develop for the worst.

[Wingnut]

Why do all of you think that HER insurance company is going to give her the run around?

One person -- one -- referenced the OP's insurance.

What is your point? I don't understand why you quoted me and then this response? Doesn't make sense to me.

Because you got all upset that "all" the posters (your word, not mine) in the thread were thinking that the OP's insurance was going to screw her. I just wanted to make sure you were aware of your use of hyperbole.

[Gwen]

i made a comment about concern for the insurance company not being fair with her. that comment came from my personal experience of insurance companies not being fair with us.

however the op also said....

Part of me think I should get a lawyer because my dad says so and because if the insurance company gives me any run around the lawyer will take care of it.

[Iggy]

Because you got all upset that "all" the posters (your word, not mine) in the thread were thinking that the OP's insurance was going to screw her. I just wanted to make sure you were aware of your use of hyperbole.

BIG HUGE SIGH- sometimes you take simple, innocent things to such extremes. I said "all" rather than scroll up and down finding and naming each person individually.

The majority of the posters say get a lawyer. The minority state, let your insurance company do the job you have been paying them to do. I also made a distinction between Insurance CARRIERS aka Insurance Company and Insurance Agent. BIG, Huge difference.

Lets chill shall we????

[Guest Alana]

It seems my insurance company has no interest in handling anything since it's been turned over to the other company.

I talked to a lawyer. We agreed that if the insurance company seems to be dealing fairly with me, I should just keep at it. If they start giving me the run around, I can call him back and officially hire him. He gave me a few pointers and advice. IT was pretty much exactly what I wanted to hear:)