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Started By
Message
Attorney question re: accident
Posted on 9/4/16 at 2:42 pm
Posted on 9/4/16 at 2:42 pm
My oldest son (age 24, lives on his own but is on my wife's health insurance) was hit by a car on his motorcycle. Other driver at fault according to officer on the scene. He was shaken up and sore at the time, but it worsened during the night and his shoulder is popping out when he raises his arms. Went to Urgent Care, diagnosed as torn rotator cuff and referred to ER, who confirmed as well that shoulder was dislocated (and reduced), torn rotator cuff. Referred to Orthopedist - said likely that they will order MRI, then probably attempt PT first, then possible surgery. Sent him home in a sling. He just got hired at a new job last week. No means of transportation right now, and will likely sell bike and try to buy a car once bike is fixed (not too keen on riding bikes on the street now, obviously).
I'm aware that La. only requires $15K of liability and don't know the other driver's coverage limits yet. My son does have uninsured motorist, though I don't know if this also provides "underinsured" drivers. Not looking to take the other guy to the bank, but obviously want to recoup loss of bike value (since once fixed it now has a wreck history which depreciates value further), costs of temporary transportation, possible loss of income (if not loss of job completely), medical bills, surgery bills, etc.
My big question is this: at what point do I make the decision whether or not to retain an attorney? I've never been through anything like this. When he contacts his insurance agent, will they handle most of this with the other guy's insurance and will they attempt some type of settlement? If the guy's coverage limits cover everything, they might not necessarily cover everything after the attorney take his cut (if UM doesn't also cover underinsured, which I don't know the answer to). Should he retain an attorney now, or wait a couple weeks and see how things play out between the insurance companies? Will hiring an attorney slow down or speed up the process - his immediate concerns include obtaining transportation and paying medical bills, neither of which he has money for.
Any insight is appreciated.
I'm aware that La. only requires $15K of liability and don't know the other driver's coverage limits yet. My son does have uninsured motorist, though I don't know if this also provides "underinsured" drivers. Not looking to take the other guy to the bank, but obviously want to recoup loss of bike value (since once fixed it now has a wreck history which depreciates value further), costs of temporary transportation, possible loss of income (if not loss of job completely), medical bills, surgery bills, etc.
My big question is this: at what point do I make the decision whether or not to retain an attorney? I've never been through anything like this. When he contacts his insurance agent, will they handle most of this with the other guy's insurance and will they attempt some type of settlement? If the guy's coverage limits cover everything, they might not necessarily cover everything after the attorney take his cut (if UM doesn't also cover underinsured, which I don't know the answer to). Should he retain an attorney now, or wait a couple weeks and see how things play out between the insurance companies? Will hiring an attorney slow down or speed up the process - his immediate concerns include obtaining transportation and paying medical bills, neither of which he has money for.
Any insight is appreciated.
Posted on 9/4/16 at 2:44 pm to 911Moto
I'm an attorney, and the advice I have for you is to learn the art of the paragraph.
Posted on 9/4/16 at 2:45 pm to 911Moto
Contact your son's insurance... Not the OT
Posted on 9/4/16 at 2:46 pm to 911Moto
quote:
Not looking to take the other guy to the bank,
Isn't your whole life based around taking advantage of insurance companies? Broken back and can't work yet you race cars.
Posted on 9/4/16 at 2:46 pm to 911Moto
UM is both uninsured and underinsured. Get a lawyer.
Posted on 9/4/16 at 2:52 pm to 911Moto
quote:
was hit by a car on his motorcycle.
Imagine that
Posted on 9/4/16 at 2:55 pm to 911Moto
You should have co-signed for a car in lieu of a motorbike.
Posted on 9/4/16 at 2:56 pm to 911Moto
Get a lawyer. The other guy's insurance and your own insurance are going to try to frick you
Posted on 9/4/16 at 3:01 pm to 911Moto
First off, Holy Wall of Text!!! Learn to type/write.
Secondly, you have exactly 1 year before the claim prescribes/you can no longer file claim. It's too early to obtain representation IMO. Of course you're free to do whatever you want, but I'd wait to find out what type of settlement offer the carrier makes. I would seek representation if the offer is crap.
Secondly, you have exactly 1 year before the claim prescribes/you can no longer file claim. It's too early to obtain representation IMO. Of course you're free to do whatever you want, but I'd wait to find out what type of settlement offer the carrier makes. I would seek representation if the offer is crap.
Posted on 9/4/16 at 3:03 pm to 911Moto
Let me help you with a TLDR
My son got in a motorcycle wreck, do I need a lawyer to fully capitalize and supplement my disability income?
My son got in a motorcycle wreck, do I need a lawyer to fully capitalize and supplement my disability income?
Posted on 9/4/16 at 4:50 pm to 911Moto
So, this isn't the karate kid who only made a 27 on the ACT?
This post was edited on 9/4/16 at 4:51 pm
Posted on 9/4/16 at 5:49 pm to 911Moto
First see if the PT can fix it. I had rotator cuff surgery in the left, and the right was heading in that direction, and new PT taught me some exercises that have mostly resolved the issue. So, if fixable by PT, way different claim. If surgery necessary, $35k of medical bills changes the equation.
Plus, kid needs to get back to work. I would get him cured before deciding how to pursue the claim. You have a year. Good luck.
Plus, kid needs to get back to work. I would get him cured before deciding how to pursue the claim. You have a year. Good luck.
Posted on 9/4/16 at 5:50 pm to 911Moto
I'm not an attorney but I did want to mention that as great as Urgent Care's are they don't normally have a radiologist and are not equipped to properly diagnose an x-ray to the extent you may need.
Just saying if you think you need an X-ray go to the ER or better yet an orthopedic clinic.
Just saying if you think you need an X-ray go to the ER or better yet an orthopedic clinic.
Posted on 9/4/16 at 7:54 pm to 911Moto
Talk to a lawyer. UM will cover any amounts over other guys policy up to its limits. A rotator cuff tear can get you a pretty decent award. (Also, you have one year to sue other driver, and two years to file against your UM. Definitely retain an attorney.
Posted on 9/4/16 at 10:05 pm to 911Moto
You need to learn how to format paragraphs and your sentence structure is abysmal.
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