Should I engage a lawyer?

[88E30M50]

Quick question to the folks that might be in the know here. About a week and a half ago, my son was hit from behind while sitting at a stop light. It’s been about 10 days and he still has some lower back pain from the accident. I think that his car will be totaled even though the damage was not that bad overall. The vehicle that hit him was almost certainly totaled with a lot of front end damage, but my son’s 11 year old BMW did a remarkable job of absorbing the impact. With a crushed quarter panel and the battery box pushed into the tire, it’s going to be totaled when the adjuster looks at it I think.

It was a company van that hit him and I’ve been dealing with that companies insurance, but they have been pretty slow to respond. The holiday played into that I’m sure though.

Question is, is this a situation that would make sense to contact a lawyer? The reason I ask is that he’s been totally cleared of fault and has been dealing with a loss of the vehicle for over 10 days now while still dealing with neck and back pain. The only thing the other insurance company has offered to date is to send an adjuster out to give an estimate on the damage to the vehicle. I’ve not been in this type of situation before and am not sure of the best course of action.

Any thoughts on how to handle this?

 

[Hkindiana]

I went through the same thing a coule of years ago. My wife wasn't hurt "enough" for a lawyer to be interested in taking the case, so I had to sue the driver (insurance company) in small claims court. Good luck.

 

[churchmouse]

1st....did he go to the ER and get checked out. If not he screwed up. Ask me how I know.
2nd.....yes. He should have a rental car on their dime until his car has been dealt with. Do not give these thieves the slightest break.
3rd....call them and state your intentions. Also, get the boy to a doctor like yesterday.


People, all of you, if you get hit like this take the ambulance ride. At best it will be nothing. You need this to be documented.

Ask me how I know. Go ahead.

 

[Ziggidy]

It wouldn't hurt to inquire. If he hasn't gone to doctor, I think he should just to make sure he is ok and also make sure everything is documented. If you go to the doctor after obtaining a lawyer, it may look like you trying to pad the claim. The longer you wait, the harder it will be.

I have absolutely zero experience or knowledge in this area.

 

[jagee]

Don't you watch daytime TV?

If you've been hurt in an accident call.......

 

[lovemachine]

IME, it’s best to go thru your own insurance company. The downside is you have to pay the deductible. But it’s less headaches all around.

I will never deal with “the other guy’s” insurance company ever again.

 

[88E30M50]

Thanks guys. He didn’t do a trip to the ER, but did see a doctor the next morning. Anyone have a lawyer that they’d recommend for this type of thing?

 

[DoggyDaddy]

Thanks guys. He didn’t do a trip to the ER, but did see a doctor the next morning. Anyone have a lawyer that they’d recommend for this type of thing?

[video=youtube;wTuP83UiW6w]https://www.youtube.com/watch?v=wTuP83UiW6w[/video]
[video=youtube;G3qqxFZuScY]https://www.youtube.com/watch?v=G3qqxFZuScY[/video]
[video=youtube;HR9xLKyb3LQ]https://www.youtube.com/watch?v=HR9xLKyb3LQ[/video]

 

[historian]

My only suggestion is that if you engage them, you had better pick out a good ring!

 

[Ziggidy]

Thanks guys. He didn’t do a trip to the ER, but did see a doctor the next morning. Anyone have a lawyer that they’d recommend for this type of thing?

Keep meticulous records and medical expenses - include mileage, time off of work, document limited activities, personal time to manage this unfortunate accident.......document everything. Start a file. Keep it up to date. Go back to doctor if it is not better in a reasonable amount of time. NEVER sign anything from their insurance or accept anything until you are ready to settle.

IMO - see an attorney.

 

[Ziggidy]

My only suggestion is that if you engage them, you had better pick out a good ring!

I had to read that twice.....I'm slow today.

 

[John3354]

Question is, is this a situation that would make sense to contact a lawyer?

In general, if you are asking yourself or others this question for the first time in your life, you probably should. If you ask yourself or others this question frequently...you probably shouldn't. If you are not the litigious type then you should have talked to a lawyer already.

 

[Expat]

I wouldn’t get one at this point. You have the property damage claim and a separate injury claim.
Call the adjuster and tell him you need a rental. If he refuses, ask for a reason. File a complaint with the dept of insurance if you aren’t satisfied.
Do you have collision coverage? Rental?

 

[Hawkeye]

Can’t your son go to his insurance company and get them involved? They can bring in a lawyer if needed.


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[HoughMade]

First of all, my wife has recently gone through a similar issue. While sitting at a stop sign a little over 2 weeks ago, her van was rearended which ended up totaling the van (there is a thread on this elsewhere).

We reported the incident to our insurer and, of course, you should always promptly report the accident to your insurer. Our insurer took over contact with the other driver's insurer and they (Geico) accepted liability for the accident immediately. They informed us that the van was totaled Friday, and the check was in our pocket Monday morning.

As to the injury, the most important thing right now is for him to get the care he needs. Err on the side of getting him checked out and at least recorded in the medical records that he has complaints from the accident. Make sure your insurer and the other driver's insurer are aware of his physical complaint and that he is treating. Generally speaking, there is Medical Payments converage that will pay any medical bills regardless of fault. Your insurer and the other insurer should work out between them who will pay the Med pay.

As for possible lawsuits should the other driver's insurer decide to not play nice, I would suggest a lawyer. There are plenty of competent PI lawyers, but I would prefer to choose one from referral rather than billboard, phone book cover or TV commercial....though these are some pretty good TV commercials.

[video=youtube;GmZiqwRnwtM]https://www.youtube.com/watch?v=GmZiqwRnwtM[/video]

[video=youtube;jr2gdPY-88w]https://www.youtube.com/watch?v=jr2gdPY-88w[/video]

 

[IndyTom]

I would also engage his (your?) insurance and let them handle it. They should be providing the rental (if you have that coverage) and going after the other insurance for repayment. I was nearly t-boned years ago by a woman running a red light and paid nothing after letting my insurance handle it. Of course that meant they let the dealership use some massive machine to straighten out my car, but, other than the dome light coming loose once in a while, it drove fine afterwards.

 

[HoughMade]

Oh, and regardless of whether he has rental coverage, if it is a clear liability case against the other driver (which a rear-ender is usually assumed to be), the other insurance company should pay for a rental until his car is repaired or settlement for the damage is completed. That is part of property damage coverage for the other driver because it is a value lost to your son due to the accident. In that case, it doesn't matter whether there is rental coverage or not.

 

[Expat]

Oh, and regardless of whether he has rental coverage, if it is a clear liability case against the other driver (which a rear-ender is usually assumed to be), the other insurance company should pay for a rental until his car is repaired or settlement for the damage is completed. That is part of property damage coverage for the other driver because it is a value lost to your son due to the accident. In that case, it doesn't matter whether there is rental coverage or not.

I have heard of dimunition of value claims also :-)

 

[femurphy77]

IME, it’s best to go thru your own insurance company. The downside is you have to pay the deductible. But it’s less headaches all around.

I will never deal with “the other guy’s” insurance company ever again.

This! I got rear ended by a lady several years ago and her insurance company did everything they could to **** me. Fortunately my homeowners insurance company was the same as the lady's auto insurance so I called my agent and told him to get it straightened out or I'd cancel my homeowners policy. He called me back within an hour and told me that my concerns would be handled to my satisfaction and they were!

Yes I realize he was talking about using your auto insurance to pay for your damages. Just an anecdotal story about poor customer service. On a positive note your company may go after the guilty persons deductible after the fact.

 

[femurphy77]

As for possible lawsuits should the other driver's insurer decide to not play nice, I would suggest a lawyer. There are plenty of competent PI lawyers, but I would prefer to choose one from referral rather than billboard, phone book cover or TV commercial....though these are some pretty good TV commercials.

[video=youtube;GmZiqwRnwtM]https://www.youtube.com/watch?v=GmZiqwRnwtM[/video]

[video=youtube;jr2gdPY-88w]https://www.youtube.com/watch?v=jr2gdPY-88w[/video]

I can't think of the guys name right now but in our somewhat annual trips to the Gulf coast there is an attorney down south that starting around southern Tennessee you start seeing his billboards along the interstate. On our last trip we counted over 100 of them from southern TN to Panama City. The guy must be ROLLING in coin!