SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question on vehicle accident, and insurance company offer.
Page 1 2 
Go
New
Find
Notify
Tools
Reply
  
Question on vehicle accident, and insurance company offer. Login/Join 
Member
posted July 23, 2019 04:39 PMHide Post
Lawyer up. The low offer could also be related to the limits of her policy. Especially if more than one party is damaged.
An example of why one should carry un/under insured motorist coverage.
Limits in CA are absurdly low.
 
Posts: 2125 | Location: Just outside of Zion and Bryce Canyon NP's | Registered: March 18, 2012Reply With QuoteReport This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted July 23, 2019 05:06 PMHide Post
quote:
if you are offered $1000 by the other side, normally your attorney would take 33%

In Colorado, I've heard that it can be "on average" 60%....!!!!!!!!!!!!!!!!!!

James


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted July 23, 2019 05:34 PMHide Post
quote:
Originally posted by James in Denver:
quote:
if you are offered $1000 by the other side, normally your attorney would take 33%

In Colorado, I've heard that it can be "on average" 60%....!!!!!!!!!!!!!!!!!!

James


There are many contingency deals. Expenses come off the top, but the lawyer eats the expenses if you lose. That would include expert witness fees as (probably) the largest component. The percentages of the lawyer's take typically runs from 25% up to 40%, depending on your exact deal. Sometimes it depends on how far down the litigation road you go. You pay less if you settle quick and more if the case gets tried. 60% sounds high for an average, and could even be improper, although that would be a state-to-state thing. Maybe that includes costs, but the amount of costs could vary widely by the type of case.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53448 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
אַרְיֵה
Picture of V-Tail
posted July 23, 2019 06:57 PMHide Post



הרחפת שלי מלאה בצלופחים
 
Posts: 31786 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Member
posted July 23, 2019 07:15 PMHide Post
My step-daughter has an open claim with another at fault driver, and their insurance company. Luckily she was not hurt, was not even in her car. The other driver hit a sign post, sent the sign post through the air and it hit my step-daughter's parked car. Just to make things interesting, this happened at a shopping mall.
The at-fault driver wreaked her car. However, she had a very low amount of coverage. So that amount of "property" coverage was "breached" meaning the insurance will only have to pay what the driver's policy stipulates - I think it is something silly low like 5-10K.
All the claimants, my step-daughter, the mall, and another parked vehicle owner submit their damage reports, and then the insurance company pays X% to my step-daughter, Y% to the mall, and Z% to the other vehicle owner, all in proportion to their damage.
Since the scheduled amount of coverage will not cover the damage (called breaching the policy), the additional damage costs may be recovered by suing the driver - assuming the driver has assets, and your lawyer believes that is worth while.
If, though, someone is driving around with the minimum coverage, they probably have little in the way of assets - and are "judgment proof".
Interesting, is that the insurance company is not who you sue, since they are "providing" coverage, just not very much, and that's what the driver got.
Bodily Injury, and ongoing pain and suffering, and rehab, is a completely different issue, but that is still payable upto the policy limits, and can also be "breached" if the at-fault driver chose a low number for medical and bodily injury.
Good Luck, just be careful, PI Attorneys take 40% off the top.
 
Posts: 143 | Location: NoVA | Registered: August 27, 2014Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
posted July 23, 2019 07:55 PMHide Post
quote:
Originally posted by jhe888:
quote:
Originally posted by LS1 GTO:
I do not think you'll be suing the other party - you will be suing her insurance company and hence, they will have lawyers present.


Wrong. You sue the other driver. You, the injured party, have no legal relationship to the insurer. The insurer has a contractual relationship with the other driver to indemnify her for the damage she causes others. That relationship is not with the injured party. It is the other driver who did you harm. Therefore, you sue the other driver.

(Some states do have direct action statutes. It is a small minority of states, and none are on the west coast, which is where the OP is.)

Does this help make the point that you should not take this on yourself?


It does help - yes.

Then in this case, when suing the other driver the driver's insurance company would provide lawyers in defense to protect their interest(s)?

If so, then OP would still be wise to get a lawyer for the court actions, yes?






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14270 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Member
posted July 23, 2019 08:09 PMHide Post
Most states have a non-joinder statute that prohibits you from suing the insurer. You sue the driver; the insurer defends and indemnifies them.

To prove your case you need to prove each element of your claim. If you sue for negligence, for example, you need to prove duty, breach, causation, and damages. And you need to prove these things with admissible evidence. If you are going to offer medical records, who is going to authenticate them? Who is going to offer evidence on your medical condition and prognosis? Are there any statutes or procedural mechanisms that could shift attorneys’ fees? What are her policy limits and how much of those have been eroded by the other claim?

These and a host of other questions are why you hire lawyers. Not to mention the prospect of a competent lawyer getting a judgment in excess of policy limits makes insurance companies more reasonable, but pro se plaintiffs typically do not.
 
Posts: 1017 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Member
posted July 23, 2019 08:27 PMHide Post
Wow, a little more involved than I thought. I will hire an attorney. As a DIY person, I would love to do it myself. But from what I read in the above posts, there are lots of pitfalls.

Tomorrow I will make some calls, I have a short list to start with.


-c1steve
 
Posts: 4154 | Location: West coast | Registered: March 31, 2012Reply With QuoteReport This Post
Low Profile Member
posted July 23, 2019 08:58 PMHide Post
quote:
I will hire an attorney

That would be your best move
 
Posts: 3534 | Registered: August 19, 2003Reply With QuoteReport This Post
Member
posted July 23, 2019 09:25 PMHide Post
quote:
Originally posted by c1steve:
Wow, a little more involved than I thought. I will hire an attorney. As a DIY person, I would love to do it myself. But from what I read in the above posts, there are lots of pitfalls.

Tomorrow I will make some calls, I have a short list to start with.


Probably a good call. Happy to answer any questions you may have as you weigh your options.
 
Posts: 1017 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted July 23, 2019 11:28 PMHide Post
quote:
Originally posted by LS1 GTO:
quote:
Originally posted by jhe888:
quote:
Originally posted by LS1 GTO:
I do not think you'll be suing the other party - you will be suing her insurance company and hence, they will have lawyers present.


Wrong. You sue the other driver. You, the injured party, have no legal relationship to the insurer. The insurer has a contractual relationship with the other driver to indemnify her for the damage she causes others. That relationship is not with the injured party. It is the other driver who did you harm. Therefore, you sue the other driver.

(Some states do have direct action statutes. It is a small minority of states, and none are on the west coast, which is where the OP is.)

Does this help make the point that you should not take this on yourself?


It does help - yes.

Then in this case, when suing the other driver the driver's insurance company would provide lawyers in defense to protect their interest(s)?

If so, then OP would still be wise to get a lawyer for the court actions, yes?


Yes, part of insurance contract is that your insurer has a duty to defend you. In fact that duty is broader than the actual coverage. The duty to defend could be triggered even if it turns out later that there is no coverage. That is good for insureds.

Yes, the OP needs a lawyer. I am glad he has decided to do that.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53448 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Striker in waiting
Picture of BurtonRW
posted July 24, 2019 05:24 AMHide Post
Everything jhe888 said.

I'm just dogpiling at this point and highlighting the quote in my signature line.

-Rob (who also does this sort of work for a living)




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16337 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
posted July 24, 2019 05:42 AMHide Post
Lawyer, and be prepared for a long process for fair compensation. Keep records for EVERYTHING that is quantifiable. Everything.

We were involved in an accident (completely the other drivers fault) that totaled our car, gave me significant 2nd degree burns on my wrists from airbag deployment, and left the missus in chronic pain in her neck and shoulder area. She burned through what the insurance company allowed for rehab and we we had to start going out of pocket. The insurance made us a laughable offer on pain/suffering/rehab for her (I didn’t bother with my burns) so we had to obtain an attorney. It took over 2 years to finalize the process and make it as right as we could get it.

Again, if anyone was injured, get a lawyer.




“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
 
Posts: 16014 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Member
posted July 24, 2019 08:03 AMHide Post
quote:
Originally posted by c1steve:
Wow, a little more involved than I thought. I will hire an attorney. As a DIY person, I would love to do it myself. But from what I read in the above posts, there are lots of pitfalls.

Tomorrow I will make some calls, I have a short list to start with.

It wouldn't hurt to buy the Nolo book too. It should give you a general idea what to expect.
 
Posts: 195 | Location: Smithfield, Utah | Registered: April 29, 2018Reply With QuoteReport This Post
Hop head
Picture of lyman
posted July 24, 2019 08:25 AMHide Post
when my MINI was totaled a bit over a year ago,
Nationwide treated my case as 2 cases,

(I have Allstate, the driver of the truck that hit my car was insured by Nationwide)

the car was one case, and they lowballed me on that, even after my objections the auto guy basically told me that if I was not happy with the offer, I could either go thru my insurance, or thru the second case,


second case was for 'pain and suffering' (That's what Nationwide called it) to cover my medical,

I ended up putting most of it on my insurance (ER visit, PSP visit, 10 trips for PT),

they lowballed me with an offer 2 days after the accident,

then a follow up slightly higher low ball a week later,

when they called the 3rd time, about the same time we settled on the car, I used a lawyer from the wife's office,

they started negotiating after the last of the PT and the bills came in, and ended up maybe 8 months after the accident,


I did not get a huge sum of cash, but did get about 5x's the lowball offer,


I was told most of the negotiating between my lawyer and Nationwide was done via email, so time spent by the lawyer was maybe a couple hours,,,



full disclosure, my wife is a paralegal and the firm she works for did not charge us a dime for the lawyers time, (which apparently was not much)



https://chandlersfirearms.com/chesterfield-armament/
 
Posts: 10690 | Location: Beach VA,not VA Beach | Registered: July 17, 2007Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question on vehicle accident, and insurance company offer.

© SIGforum 2024