Can injured pedestrian settle claim without the greedy lawyers?

Question

The insurance would be acceptable, but the lawyers want it all, and they really haven't done anything to say there's nothing left for the victim. they are worse than the original pain!

Answer 1

Sure they can, until they hire the lawyer.  Once they hire the lawyer, the lawyer gets their cut, no matter what!

People are too quick to run out and hire a lawyer . . .

Answer 2

You were struck by an automobile?  Who are you submitting a "claim" to?  Technically, you cannot submit a claim to another's insurer - only the policyholder can.  You can ASK the insurer for a settlement but they do not have much incentive to agree.  Your only option then is to sue the other party and thus force his insurer to defend him.

Answer 3

As long as the other insurance is accepting liability then yes you can handle it by yourself.

Work with the adjuster and let them give you an offer. You will know in your gut if the offer is in the right ballpark. You do not have to accept it and I recommend that you reject it and make a counter-offer and see where things go.

If that doesn't work then you might want to consider getting a lawyer.  

Good Luck

Answer 4

Yes you can.

An attorney is not required to settle this type of claim. (and if the claim has not been reported to the at fault car's insurance company--- all you got to do is call the 800# and report it. Third Party claimants can report claims against other people's policies).

The injury is worth what it's worth. So no point in giving 1/3 of any settlement you get to an attorney.

Since I don't have enough info -- I can't tell you anything specific to your case but I can tell you this:

In general: with an injury claim - medical bills are not paid as you go. Once you have completed treatment and are feeling better- the adjuster will have you sign a medical authorization.

This medical authorization will allow the adjuster to request copies of your medical bills and records (from the providers that treated you for your injuries). It can easily take 8 weeks or more for these records to come in.

If you missed work - have your boss or HR dept write something up saying what days you missed and how much you are paid.

Once the adjuster gets all the medical bills/records/lost wage info in - they evaluate it and make an offer.

Usually adjusters set a range. The initial offer will be at the bottom of the range. They will have some room to move but not much. They are not going to open at 5000 if they are willing to settle for 20,000.  But if they open at 5000 then the top of the range is probably in the 7000-7500 area.

You would make a counter offer and eventually the two of you reach an agreement.

In exchange for the money - you have to sign a final release that ends the claim once and for all - never to return. If you are married - your spouse will have to sign too.

If the policy limits are not enough to handle your injury claim - the adjuster will let you know. The adjuster will be able to give you written confirmation of their limits and should have you sign a special release that ends the claim against their insured but still lets you pursue any other insurance that may apply (such as under-insured motorist coverage).  

The best way to settle this claim is to keep the lines of communication open with the adjuster.  If you have a question - ask it. If you have a concern - tell it.  The adjuster can't read your mind and can't help you if you don't talk to them.

A good adjuster will walk you through the process step by step. They can even advise you on where else to look for possible coverage elsewhere (such as Med Pay or  UI claims against your auto policy).  

The adjuster can be a big help to you and good source of information. Just keep the lines of communication open and treat each other with respect.

You and the adjuster have a common goal - to get the claim resolved for a fair value. If you treat it as more working together toward the common goal than as an adversarial process - it will go much easier on both of you.  

Good Luck.