Car Accident Vs. Lawyer Question :(

Updated on September 13, 2011
E.L. asks from Fort Worth, TX
10 answers

I was in a car accident on May 23rd. A person who was here illegally and driving an Uncles car ran a red light and hit my rear passenger side hard enough to flip my truck and send me into 2 parked cars and a city pole. I was blessed enough to walk away with broken ribs and a torn rotator cuff. The person who hit me fled the scene before I was even out of my vehicle.

My question, the insurance company of the Uncle (car who hit me) is dragging their feet on a settlement. My medical coverage will not pay the bills and my auto policy has exhausted its benefits. The bills are piling up! Should I hire a lawyer, do you know a good one? Can I ever get more of a settlement that the max required by law from the insurance company?

Thanks Mamas!
E.

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T.N.

answers from Albany on

Here we have many commercials for lawyer's offices advertising no fee for auto accident victims unless the case is won, you must have some there too?

Might be worth a phone call.

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D.P.

answers from Pittsburgh on

Just wanted to say that my cousin was in a fairly serious accident with injuries (her daughter had a cracked jaw and needed 2 or 3 surgeries and a wored jaw, etc.) and it has taken her close to a YEAR to get it all sorted out...hang in there. Resolution doesn't happen overnight.
You might want to talk to an attorney--she did eventually because it became too complicated for a normal human to handle. If you can find someone at your agency that REALLY knows their stuff, that will be invaluable. Your agent should be able to somewhat help with your questions.
Good luck!

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V.T.

answers from Dallas on

You don't necessarily need a lawyer, but I recommend one. However, if you go to your doctors and tell them that you were in an accident you can ask to wait to pay your bills until after you receive settlement, and from the settlement you pay your doctors first. This is why it is helpful to have a lawyer as doctors are more willing to work with lawyers. Also, if your bills exceed your settlement, than the lawyer can work to reduce your medical bills. You can sue the individual for more than their policy max, and if you get it, the individual is on the hook for the amount over the limit, but that will lead to more court battles to actually get him to pay. Do you have Uninsured/Underinsured motorist coverage with your insurance? They may also pay the difference in the settlement.

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A.V.

answers from Washington DC on

Did you also report it to your insurance? Once after I was in an accident my ins. paid me and then went after the other party with their lawyers. I will also say that this is why I keep full coverage. Another time someone wrecked my parked car and I had to fight them on my own and it was not fun. Remember that they are trying to pay as little as possible so if your ins. cannot help, you may need to seek legal help.

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M.R.

answers from Phoenix on

Why is YOUR insurance not more aggressive in handling this settlement??? This is there job. This is what you pay them for. You should not need to hire an attorney - not yet.

Also, explain to the medical bill collectors, doctors offices, etc, that your settlement is coming and can they please extend the payment dates. They are quite capable of granting your an extended grace period given the unusual circumstances.

I'm really sorry about your accident and the lack of insurance support. I was in a hit and run bike accident. A car hit me from behind, sent me flying 40 feet and my auto insurance would not help at all, as I could not 'prove' I was hit by a car...OMG...such nonsense....but it was them against me and my brain injury and I did not have the energy to argue. My accident cost us over $30K....with all the co-pays, etc. Ugh.

Please take care of yourself, heal, rest, and mend.

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J.C.

answers from Anchorage on

I would get a lawyer.

M.L.

answers from Houston on

Doesn't "The Hammer" do a lot of auto accident battles?

http://www.jimadler.com/

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E.D.

answers from Houston on

just read some of the responses and wanted to say that it is not your auto insurance company responsibility to get your settlement.

when you say they are dragging their feet what exactly does that mean? have you completed all treatment and do they have all the billing including cpt codes and records for all facilities you saw? if this is the case you should have an offer shortly if you are still treating or they don't have your billing/records then they won't offer you a settlement.

i wouldn't get an attorney, like said below they can't speed things up and they will take 33% of offer.

if/when you have your offer and it doesn't cover the cost of your bills then you can go to your auto insurance and claim a um/uim claim.

good luck & take care

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T.J.

answers from Seattle on

Why won't your auto insurance or your health insurance pay the bills? You really shouldn't settle your claim until you're done treating. I would definitely hire a lawyer unless you can get them to settle for policy limits right this minute. PM me for more info if you'd like, I do medical billing and have had my fair share of accidents unfortunately!

T.

A.S.

answers from Iowa City on

Hire an attorney on a contingency fee basis. You will probably get more money using an attorney. Your medical bills will be paid and then (generally) the "pain and suffering" amount you receive is split 1/3 to the lawyer, 2/3 to you.

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