Should I talk to the insurance adjuster or get an attorney?

Question

I was recently in a car accident; a car ran a red light and hit me, totaled my car and I was taken to the ER. I have some substantial cuts and bruises, but no major or long-lingering injuries. The person who hit me has already admitted to fault. The person at fault's insurance adjuster called today while I was gone and wanted my story about the accident and my injuries. I know they can't access my medical records without my consent; do they need them to make an offer? I'm afraid to sign any kind of release for fear of trickery. Should I just retain an attorney? If not, do I have to give any certain information or release my medical records before they can give me an offer?

Answer 1

Please get you an insurance atty. You don't have  a fair chance unless they give you more than your car is worth or what you paid. Plus u need to get compensated.

Answer 2

Well my only advice is to not jump the gun.  I had a car accident in 2004 and I still have some lingering pain.    

I hired an attorney but it was because the other persons(and at fault party) insurance would not talk with me and was very rude.  

Answer 3

I would try dealing with the adjuster first.  My husband got into a T-bone red light accident over a year ago (not his fault) and we were happy dealing with the adjuster.  We had just bought the used year old vehicle two months prior and my main concern was making sure the car was going to be totalled.  We bought a car that wasnt wrecked and I didnt want to now own a car with a wrecked car fax report.  It could have been fixed, but we did pressure and negotiate with the adjuster a bit on making sure it wasnt going to be fixed or we would have gotten an attorney.  

We sent the bills, they totalled the car, we recieved $1500 over what we owed on the car in equity which went toward the downpayment of the new car (dealership was even nice enough to wait for the downpayment until we signed the final release 2 months later and got the check).  They also paid us $1000 extra after the bills for pain and suffering, he just had minor aching afterward and no serious injury.    

Answer 4

1) Why isn't your insurance company helping you?   If you have collision coverage let your own insurance company pay your claim for damage to your car.  They will get reimbursed from the other carrier.  Your insurance company will give the other company your statement and you will probly not have to provide one yourself to them.

2)Get an attorney for your injury.  Otherwise the insurance company will low ball you on your injury.  

Licensed Insurance Agent

Answer 5

Do not talk to the other driver's insurance company at all - ever again.  You talk to your insurance company, and they can negotiate with the other insurance company.  Generally, your company is obligated to represent you, unless you plan on suing the guy.  Then get an attorney, unless you're going to small claims court.  FYI,  attorney's generally take about a quarter to a third of your settlement or so, after expenses.  Most will give you a free initial consulation.

Don't sign a medical release at this point, without your insurance company asking you for it.  The general rule of thumb is you'll be offered double what your medical bills were, if you don't have a permanent injury.  That's to help cover pain and suffering.

So if your medical bills came to $1,500.00, their offer would be around $3,000.00.  Did you lose time from work or have to rent a car?  That should be added on top of the injury offer.  Plus, whatever repairs are needed to your car.

Example: $3,000.00 (twice your $1,500.00 medical expense), $200.00 (wages for one day), $250.00 (car insurance rental), $1,000.00 (car repair) so the total offer would be about $4,450.00.  These numbers are generalities, so don't get hung up on getting exactly twice your medical expenses, etc.

Do not sign anything without first getting it approved through your insurance company.  I'd capitalize the previous line, but don't want to yell at you.

I'm no attorney, but worked for several insurance companies over the years.  Hope this helps you.  Good luck and I hope you make a complete recovery and soon!

Answer 6

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Answer 7

The process for filing an insurance claim is that if you want the at-fault party to pay for damages there needs to be some cooperation from you.  An insurance company will want to talk to you and secure a statement from you.  This will preserver the facts of the accident as well as go over your injuries that you have now and if you've ever had one in the past.  

Your insurance company can take care of your vehicle damages and then go against them for what they paid out, however an insurance company cannot really negotiate anything for which they have not paid out for.  they have no legal right.  This would make them acting as an attorny and they are not licensed to to this.   They will only go after what they paid out and your deductible.

Yes, you need to fill out a medical authorization form.  This allows the other at fault party to get copies of your "itemized bills" and the records as it relates to this loss.  No they're not being nosey but they have to know what kind of treatment you received.  This is standard practice for most insurance companies.  An insurance company will not have you sign a release until you "settled" your claim.

As far as pain and suffering.  A company owes to put you back into preloss condition.  This would mean the damage to your vehicle, and rental car.  Your medical bills are handled separately and most companies will not make you an offer till you are done treating.  So if you only have your ER visit they will generally pay that and then a few hundred for your pain and suffering.  The old addage that you will get 3x your medicals  is not necessarily true.  

You can get an attorney if you want, however an insurance company  will not give you more because you have an attorney.  You'll usually end up with less as the attorney take 1/3 off the top.  This is BEFORE any of your medical bills are paid.  

While insurance companies and adjusters really take a bad rap for things they really are there to help.  Give them a chance first.  

Answer 8

Most personal injury attorneys take personal injury claims on a contingency basis.  i.e. they aren't paid unless you are paid.  The down side to this is that they usually take 33 1/3 % of your recovery.  From your description, it sounds like you have claims for personal injury as well as property damage (your totaled vehicle).

It is my experience that insurance companies are more likely to offer money for pain and suffering if you retain an attorney.  However, if it has been several days since the accident and you have not been seeking regular treatment (i.e. physical therapy, visits to a chiropractor, etc.) it is unlikely that you will receive much of a pain and suffering award.  

If you only want your medical bills paid and money for your car then it is probably okay to deal with the adjuster yourself.  Just don't let him low ball you on the vehicle.  It is negotiable.  You can provide him with comparable vehicles listed in the autotrader as well as blue book values.  On the other hand, if you are seeking money for pain and suffering then I would get an attorney.