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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
167294 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
5713 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 Front9Bandit
Member since Dec 2013
15432 posts
Posted on 9/4/16 at 2:54 pm to
quote:

Isn't your whole life based around taking advantage of insurance companies? Broken back and can't work yet you race cars.


He's already got Morris Bart and Edward Womack on the case, he's a loser looking for attention, it's sad really.
Posted by Capital Cajun
Over Yonder
Member since Aug 2007
5525 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
32551 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
4030 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 geauxchaz
NOLA
Member since Nov 2012
244 posts
Posted on 9/4/16 at 3:01 pm to
Given your son is age 24, I suggest he should speak to an attorney.
Posted by Finch
Member since Jun 2015
3153 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 911Moto
Member since Sep 2013
5491 posts
Posted on 9/4/16 at 3:22 pm to
Wow, assholes on the OT. Who woulda thunk it? Now people would be too high and mighty to make an insurance claim for getting run over by a car. Priceless.
The jealousy continues...
Posted by 911Moto
Member since Sep 2013
5491 posts
Posted on 9/4/16 at 3:25 pm to
quote:

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.


This was my immediate line of thought. I'm worried an attorney might just delay the process trying to maximize the situation, when in the end my kid just wants to fix himself and have transportation to get back to work as quickly as possible.
Posted by Motorboat
At the camp
Member since Oct 2007
22685 posts
Posted on 9/4/16 at 3:26 pm to
I think you're a freak but your son should get an attorney for proper advice. Hell we all know he can't go to his dad for solid advice.
Posted by 911Moto
Member since Sep 2013
5491 posts
Posted on 9/4/16 at 3:27 pm to
quote:

My son got in a motorcycle wreck, do I need a lawyer to fully capitalize and supplement my disability income


You're absolutely right - my 98th percentile income isn't enough, so I'm hoping that car insurance pays the relatives of those in an accident and not just the one that's hit. You're a genius.
This post was edited on 9/4/16 at 3:28 pm
Posted by 911Moto
Member since Sep 2013
5491 posts
Posted on 9/4/16 at 3:30 pm to
quote:

Isn't your whole life based around taking advantage of insurance companies? Broken back and can't work yet you race cars.


...because driving a car fast for 20 minutes a couple times a year is the same as bending over for 40 hours a week. Geniuses abound here.
...and the jealousy continues.


A couple of honest replies then pages of jealousy will ensue. Who would have ever predicted that response from the OT?
This post was edited on 9/4/16 at 3:33 pm
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 CaptainsWafer
TD Platinum Member
Member since Feb 2006
58354 posts
Posted on 9/4/16 at 3:45 pm to
Why do you assume we are jealous?
Posted by 911Moto
Member since Sep 2013
5491 posts
Posted on 9/4/16 at 3:54 pm to
Because you people constantly have to create your own false narratives and alternate realities to help deal with your inferiority complexes. It's hilarious when people challenge me on details, swearing they are lies, only to have me post proof time and time again (like BRgetthenet recently discovered). You people simply can't live in a world where my truths are self evident. Jealousy is a strong emotion.
And do you people really think disability companies don't apply the most stringent means possible, dissecting every minute detail of your medical history, right down to following you with private investigators, before they hand out millions of dollars? The ignorance displayed around here is truly staggering.
This post was edited on 9/4/16 at 3:57 pm
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