Question:

Should I talk to a lawyer before talking to car insurance adjuster? I have bad whiplash. Help me please!?

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I got into an accident. the man driving behind me hit me going about 30 mph. He has admitted fault to me and to his insurance. I have a pre-existing injury and it has made it so much worse. Now I am worried that I need to talk to a lawyer before I go forward! I feel that, while I'm not interested in ruining this guy who hit me, or taking him to court for some huge settlement beyond his insurance limit, I am interested in being fairly treated. There are hospital bills to think of, and I am in constant pain now. I am kind of afraid about the whole thing.Two extra things-- I had moved from another state and didn't realize my registration had run out. I was un-registered at the time of accident.(I immediately registered and inspected it before driving it again!)And, I was so out of it when it happened that I didn't call the cops!Then I almost passed out at work. My husband took me to the ER and nothing broken.I saw my Dr. before/after the accident and he said 2-6 months to heal.Answers?

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16 ANSWERS


  1. Talk to the lawyer.


  2. Alright your question is very long, and I didn't read it all, so sue the guy who hit you and.... yeah ......

  3. Lawyer UP FAST ! than , dont talk to adjuster , dont talk to adjuster on meds

  4. Well you can just say you need help with the medical bills and are not in it for the money. DO NOT say more than you need too, for example about being previously injured. It isn't your fault he reinjured you, and now you're worse! As long as you are honest, the insurance should be pretty happy. I would say for your injuries you should at least ask for $15/20K in settlement. I was in a very bad black ice accident and had about that much work done to me. That included physical therapy too - good luck! I know how bad the neck thing is. Take care of yourself though and don't worry about the guy...

    PS - you should have filed a claim.

  5. You need to do both. Hear what the insurance company has to say, tell them you're going to get a lawyer and don't sign or agree to anything. Find a lawyer to review your case, find out what he thinks. Try not to think of ruining the guy who hit you, after all, it's his insurance company you're dealing with, not him. He was at fault, that's why he has insurance.

    Let me say that again...

    Try not to think of ruining the guy who hit you, after all, it's his insurance company you're dealing with, not him. He was at fault, that's why he has insurance.

    The insurance company is looking out for itself. It's a business. Spending the money to have a lawyer review your case might be well worth it. Better safe than sorry.

  6. A typical first offer for pain & suffering is $500, I've heard from more than one accident victim this is their starting point.

    If you find that to be fair, accept it.

    Personally I was offered $750 a lump sump or $500 for me & $250 for my baby who witnessed the crash - that's what the claims rep told me.  His words, not mine. (that's not including the worth of my car - all in all I was offered less than 2K - yes my car was next to worth less...)

    Since I had a previous injury, knowing my pain will never go away, I asked for $214 more and was told "nope no way" and

    I politely said "You'll be hearing from my lawyer" And then I *clicked* the 'end' button - hanging up on him.

    That was in October 2007.

    Flash forward:  June 18th 2008 we agreed upon a price for my car.  

    Now I am in the 'waiting' stage - I'm not sure what I'm waiting on - the insurance company is making this as difficult as they can - when giving me the address to send everything to - the claims rep ran through the addy so fast I couldn't catch it.  I had to look it up online.

    This is just my story but yes I recommend an attorney.

    I spent out of pocket around 3K for my injuries - And am yet to see a dime back.

    And with my story - because I was considered 'uninsured' because I paid 100% of my bill when I went to the ER following the crash - I am in a lawsuit against the hospital I went to - it's a class action thing - I didn't want this.

    ~~~~~~~PS

    as far as  your pre-existing condition I have heard things about this : : : 1) In (ohio at least) you must accept the person AS THEY ARE and if you cause an accident/injury that worses a previous injury YOU are responsible for that condition

    2) sometimes when you're 'as healed as you're going to be ' on the 1st injury, they look at the 2nd injury as a brand new injury

    3) an insuarnce sympathizer told me this one (so take it for what it's worth) - IF you made a claim on your first injury - they will lesson the 2nd injury payment due to what you recieved the 1st time.   .......Now I don't know how true that is - Or anything that I've told you.

    This same person also told me that the insurance company is refusing to pay me BECAUSE I got an attorney involved -

    OH & in my case my attorney is my brother in law - and my husband talked to his bro before I even spoke to ANYONE about ANYTHING

    GL!

  7. Yes, most definitely talk to the atty. FIRST!

  8. A lawyer will take at least 1/3 if not more of what ever the insurance company gives you.  The insurance company will only pay you what they think is fair whether you get an attorney or not.  So either you get what they think is fair and take all of it, or you get an attorney, get what the insurance thinks is fair and give some to the attorney.  

    However, if you know the other driver is 100% at fault and the insurance company says you're at fault, or if they make you a bad offer, such as we'll give you $500 even through your medical bills are $1500 and you have major pain then you may want to get an attorney then.  Only get the attorney if you need it, which means only if the insurance is being unfair or if they are denying fault and you think  you can prove they're at fault.  I would wait to see what the insurance company is will to give first.  You can get an attorney at any time.

  9. You'd be well advised to as these people will try to paint you in a very bad light. Say nothing to this adjuster except through a lawyer.

  10. basically, get a lawyer *now*. Just go here, paste what you just said and take it from there

    http://legal.solutionsarticles.com/easie...

  11. Yes you definitely need to get a lawyer on a contingincy basis meaning he will be paid when you are.  Your insurance company is not interested in your physical damages and will not sue on your behalf.  This is the only way you will be compensated for what you have been through.  I'm very sorry for your suffering!

  12. You don't need an attorney.  I agree with the first post.  Contact their insurance company and speak with your adjuster.  The adjuster will explain the process to you.  You may need to sign a medical release so the adjuster can secure all of your medical records including the prior.  The adjuster will ask you about your pre-existing condition.  If you are missing time from work, let the adjuster know.  In some cases, where the claimant has a direct relationship with the adjuster(no attorney involved otherwise known as pro se), the adjuster may be willing to pay for your lost wages on a weekly basis instead of at the end of the claim.  

    If you live in a No-Fault state, you  may have PIP coverage.  This coverage will pay for your medical expenses and a percentage of your lost wages.  You MUST use your own PIP if you have it.  Your insurer will then subrogate against the other party's insurance to recover what is paid out.

    I have dealt with numerous direct deal claimants.  Some accept the offer, some have unrealistic expectations from the get go, and then retain counsel.  

    You always have the option to hire an attorney at any time during the claims process.  However, why not wait until your treatment is completed and the adjuster makes you an offer.  

    FYI - the adjuster will have a settlement range.  The first offer is not necessarily the last offer.  You can negotiate for more.  

    One final note, just be cause you were injured does not mean that you are entitled to any compensation.  The threshold requirements vary from state to state.  In some states, they are verbal, others are monetary, and others you have to sustain a serious injury.  Whiplash would not be considered serious.

  13. See what the insurance adjuster offers you first. It may be something you find to be fair. The last thing you want to do is pay half your settlement to a lawyer.

    If you don't like the deal they offer, then get an atty!

    The other two issues:

    Since the man rear ended you, there's no way they can argue you were at fault, so you'll be ok about not calling the cops.

    The insurance adj should offer you to fix your car, pay the medical bills and medication bills, and a fair offer for pain and suffering. Don't sign anything saying 'full and final settlement' until you are happy.

    Good luck- and email me with questions

    ps- You can get any atty at any time during the process of you dealing with the insurance co. I would try to deal with them myself first, and if you find them to be unreasonable, then get an atty. But an atty does take a huge chunk of any settlement, and often does nothing above what you could have done yourself, so I would say don't jump the gun by seeing them first.

  14. i would I was in the same predicament. The insurance in my case tried to play around with me and i threatend with a lawyer and they laughed. My lawyer the next day called and they stopped playing with me and they ended up paying for my medical bills and I walked away with a 4 thousand dollar check from the isurance. I hope you heal alright. Im okay now. Its been 4 months. I was rear ended in my cadillac by a truck doing 50 mph in a 35 zone. 15 thousand in damages.

  15. Yes!!!! You will need to document everything. This is not personal. This is why we have insurance. Let the lawyer handle everything and most importantly, listen to your Doc. Don't worry about the cars reg. All that will sorted out later. You may need to go to the police for a police report. You were stunned after the accident. Call now please. Don't get screwed. Could be a permanent injury. Good Luck    TW

  16. TALK TO BOTH!! My husband and I were in the same situation in January. She had the stop sign, said someone waived for her to go across. She came all the way into our lane and smacked right into us. My car was totaled and my husband was hurt. She received a citation. My husband contacted a lawyer and I called her insurance company to get a rental car and payment to my lien holder for the totaled car. Call a lawyer and the other person's insurance as soon as possible.

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