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Attorney question re: accident

Posted on 9/4/16 at 2:42 pm
Posted by 911Moto
Member since Sep 2013
5491 posts
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.
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 9/4/16 at 2:44 pm to
I'm an attorney, and the advice I have for you is to learn the art of the paragraph.
Posted by hombreman9
USA
Member since Feb 2009
3781 posts
Posted on 9/4/16 at 2:45 pm to
Contact your son's insurance... Not the OT
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167487 posts
Posted on 9/4/16 at 2:46 pm to
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 by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5726 posts
Posted on 9/4/16 at 2:46 pm to
UM is both uninsured and underinsured. Get a lawyer.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 9/4/16 at 2:52 pm to
quote:

was hit by a car on his motorcycle.


Imagine that
Posted by Capital Cajun
Over Yonder
Member since Aug 2007
5527 posts
Posted on 9/4/16 at 2:55 pm to
You should have co-signed for a car in lieu of a motorbike.
Posted by CoachChappy
Member since May 2013
32594 posts
Posted on 9/4/16 at 2:56 pm to
Get a lawyer. The other guy's insurance and your own insurance are going to try to frick you
Posted by CMBears1259
Baton Rouge
Member since Sep 2005
4035 posts
Posted on 9/4/16 at 3:01 pm to
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.
Posted by Finch
Member since Jun 2015
3155 posts
Posted on 9/4/16 at 3:03 pm to
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?
Posted by Pectus
Internet
Member since Apr 2010
67302 posts
Posted on 9/4/16 at 3:43 pm to
Did my post get deleted?
Posted by tiger rag 93
KCMO
Member since Oct 2007
2573 posts
Posted on 9/4/16 at 4:50 pm to
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 by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 9/4/16 at 5:49 pm to
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.
Posted by t00f
Not where you think I am
Member since Jul 2016
90474 posts
Posted on 9/4/16 at 5:50 pm to
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.
Posted by rumproast
Member since Dec 2003
12095 posts
Posted on 9/4/16 at 7:54 pm to
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 by Breauxsif
Member since May 2012
22290 posts
Posted on 9/4/16 at 10:05 pm to
You need to learn how to format paragraphs and your sentence structure is abysmal.
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