Should we hire an attorney to help settle auto accident?

Question

My son was in an accident 2 1/2 weeks ago. They are supposedly still investigating. However, my insurance has already notified the other driver that they are denying her claim because she failed to yield right of way to my son. Therefore it seems to me that my son is not at fault. Why is everything still dragging out? He is having to borrow a car for work because a rental was too expensive for us. He is 19 and to rent a car was like $700 a week!!! We didn't want to rent until we were sure who would pay for it. He also had minor injuries, bloody ear, bruised knee, sprained back. He has only been to the dr once and had x-rays once. He has been in pain, but just putting up with it. He is really stressing about all this and I feel like the insurance is totally blowing us off. Should we hire an attorney to get things moving? The other party does have an attorney. Although, I don't know what for, as it was her fault?!

Answer 1

Two and 1/2 weeks is hardly along time to wait for the insurance company to complete a proper investigation.  I assume that you have contacted the other party and presented a claim for property damage.   If not, you need to do so ASAP.  Your insurance company is not going to present the claim on your behalf.  

Regarding his injuries, do you live in a No-Fault State?  Do you have PIP coverage?  If so, you need to file a claim against your own policy for the reimbursement of his medical expenses.  

Further, just because he was injured does not mean that he is entitled to any monetary compensation if that is what you are looking for.  The threshold requirements vary from state to state.  

Hiring an attorney will not expedite the resolution of this claim.  In fact, it will probably drag it out.  I suggest that you contact the other party's insurance company, and discuss your son's claim with the adjuster.  Although technically, your son is no longer a minor and he should be doing this himself.  

Just because you and your insurance company did not find the other party at fault does not mean the other party cannot retain counsel and pursue a claim.  Obviously, they have.  The comparative negligence rules vary from state to state.  In some states, even if a person is 99% at fault they can still recover 1%.   If your son is served with a lawsuit, refer the matter over to his insurer asap.  They will continue to defend him.  The delay on the part of the other insurance company is likely due to her/him retaining counsel.  The adjuster needs to schedule a time with the attorney to take the statement despite the fact it is their insured.

Answer 2

It is not unusual for a claim to take two weeks (or more) to resolve. There could be several issues going on. For instance, you stated the other driver already hired an attorney. As an adjuster, once you become attorney represented (wether you are the insured or the claimant) the adjuster cannot directly discuss the claim with you. It may be possible that the other insurance company has to schedule a recorded statement with their insured and their insured's attorney. This can place a delay on the claim process.

Additionally, some police reports take 7-10 days before they are ready and many insurance companies order these reports via regular mail or through a service that solicits and collects the reports. Most of the time there is not enough information on the drivers exchange and the adjuster has to wait for the full report.

There could be a coverage issue. Perhaps the other driver failed to pay her premium on time and there is a lapse in coverage or the vehicle she was driving was not on her policy. Remember, just because someone shows an insurance card at the scene does not mean they are insured.

When an adjuster is investigating a claim they need their drivers statement, in this case, your sons statements, estimates of both vehicles, police report and any witness statements. It may be that the adjuster does not have enough information to finalize liability.

Additionally, your carrier has a fiduciary duty to stand by your facts of loss unless the evidence states otherwise (ie citation, witness, veh/scene photos). If both your son and the other driver are claiming they had the green light and had right of way and there were no citations or witnesses they may decide to stand by their insured.

Here is my suggestion. Talk the the adjuster of the lady's insurance company. Ask if there is a coverage issue or if liability is still being investigated. Be helpful, if the adjuster still needs a copy of the police report then provide one. If the adjuster needs a statement from your son then have him provide it. You can only help yourself to keep the investigation moving forward. Remember claims are resolved fastest when there is cooperation from all parties. If the other driver is not cooperating it may be the reason there is a delay.

As for hiring an attorney, that is a personal choice. Just be sure to weigh the pros and cons. Communication is key, call the adjuster and if you can't get through call the adjusters supervisor. Make sure you understand why the claim is not resolved, it may be as simple as faxing over a police report to get you claim paid

Answer 3

absolutely yes! Never trust insurance companies, when the investigation takes that long is because something is going on. The other attorney can and most likely will sue you eventhough they are wrong. My best answer to you is to go to morgan and morgan their website is: http://www.forthepeople.com/auto_acciden...

I already included the auto accident section. have your case evaluated for free meaning no money out of your wallet.

in a more personal advise don't stress yourself the accident is already done, your son is alive and there is nothing you can do, but to PLAY THE GAME and go with the flow. If there is room to sue go ahead and do so or you will be the one getting it.

good luck

Answer 4

>>  Should we hire an attorney to get things moving?

Most accident INJURY lawyers work off the percent of the settlement.  If your son doesn't have serious accident, they will probably not take your case.

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>> The other party does have an attorney. Although, I don't know what for, as it was her fault?!

That is so that they don't get over charged with stuff that isn't completely their fault  - or try to get way with paying nothing.  But they are paying the lawyers by the hour.

You can do the same (pay by the hour), but it will probably be more than the insurance claim (value of the damage).

Good Luck....

Answer 5

An attorney does not "get things moving" .  Attorneys actually slow the process down because it's just another person involved.

The insurance company is going to have to investigate the accident -regardless if there is an attorney. An attorney does not change that.

If the other party has an attorney -- that may be why her company is having to take extra steps. They need to make sure they do a complete investigation - so that if their insured (and her attorney) try to sue them saying that they did not do a good investigation and failed to live up to to their policy obligation (bad faith) -- they can defend themselves.

The adjuster has to make sure all the T's are crossed.

Your company does not have to go through all that extra stuff. They don't have a contract with the other driver -- she can't sue them for bad faith.

If you have collision coverage on your vehicle......have your company take care of your damage under your collision. They will then subrogate against the other company to get paid back.

It's up to you to decide if you want to get an attorney. However, an attorney will take 33% of any settlement you get as his fee and the insurance company does not pay more for your car just because you have an attorney. Also--- and attorney does not speed things up. Usually an attorney slows things down.

Answer 6

Oh yes get an attorney.

I had an accident (100% not my fault)  in October of 07 - June of 08 we agreed upon a price for my car -  6 weeks & waiting STRONG for paperwork (ie: i haven't been paid, I have recieved NO communication from this 'insurance company')

I spend $3K for my accident -

The DRs say nothing is wrong with me but I am in pain still yet - :(

So basically YES get an attorney!!!!!!!!!!