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re: Do I need a lawyer?

Posted on 12/23/24 at 7:29 pm to
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
7617 posts
Posted on 12/23/24 at 7:29 pm to
quote:

If you do lawyer up, they will be suing the at fault party not their insurance as they’ve already agreed to pay the max of his coverage. Good luck getting blood out of a turnip


Eh. Most attorneys don’t even mess with property damage. They will tell the carrier they can deal directly with their client for the handling of the property damage only. They normally only step in if there is a big issue and they think they can tack on unfair claims practices. Other than that there really is no money in it for them doing property damage disputes

Hiring an attorney they are going to try and run through the at-fault parties BI coverage and then get into his underinsured BI coverage. Which is fine. But at $30k they are going to need to run the bills up some more before the carrier offers policy max for injury.
This post was edited on 12/23/24 at 7:31 pm
Posted by LanierSpots
Sarasota, Florida
Member since Sep 2010
66752 posts
Posted on 12/23/24 at 7:34 pm to
You have come to the right place for sure. One of my associates will be right with you


Posted by patnuh
South LA
Member since Sep 2005
7284 posts
Posted on 12/23/24 at 7:34 pm to
I’d talk to my insurance first. I got hit when I was in my early 20s and went to hospital. The other driver had let their insurance lapse. I went to my State Farm guy, who was an older man and he called someone …and I quote - one of your n@&$$s hit one of my boys and their insurance is old. Idk what was done, but they fixed everything and I got a nice chunk of cash and a new car. Probably could have gotten more with an attorney, but this was quick and easy.
Posted by GeauxGutsy
Member since Jul 2017
5574 posts
Posted on 12/23/24 at 7:41 pm to
This OP is proof that SMU is a fraud
Posted by Dtbtiger
Member since Oct 2024
141 posts
Posted on 12/23/24 at 7:44 pm to
Bet those trial lawyer billboards ain't so bad now huh
Posted by olgoi khorkhoi
priapism survivor
Member since May 2011
15886 posts
Posted on 12/23/24 at 7:51 pm to
I hope you have UM and a decent policy limit.

Insurance companies hate UM because it's cheap and covers you when un or underinsured motorists cause more damage than they have insurance.

Always add it. Also, yes, go over it with a lawyer. They will let you know if it's worth their time. There are several factors you could be missing and their insurance is not going to let you in on. Your insurance may also be on the hook depending on your policy.
Posted by DiamondDog
Louisiana
Member since Nov 2019
12057 posts
Posted on 12/23/24 at 8:00 pm to
quote:

His car liability insurance caps at $25k - bodily injury at $30k.


About sums up Louisiana drivers.
Posted by Demshoes
Up in here
Member since Aug 2015
10554 posts
Posted on 12/23/24 at 8:05 pm to
Get a lawyer. And hopefully you have UM coverage. It covers both uninsured and underinsured claims. It should cover the portion of your property damage that is not covered by the tortfeasor.
Posted by Indefatigable
Member since Jan 2019
33624 posts
Posted on 12/23/24 at 8:06 pm to
quote:

Do I need a lawyer?

If you have to ask, the answer is probably yes.
quote:

If I get an attorney, would it help, or am I maxed out by his limits and the fact that I wasn’t permanently disabled?

Talk to one. Excess judgment.
Posted by lsufan1971
Zachary
Member since Nov 2003
21983 posts
Posted on 12/23/24 at 8:19 pm to
quote:

gap Insurance?
Check your loan papers.
Too stupid to carry it? Even a lawyer can't help you now ......


Gap insurance is for the poors. Carry UIM on your policy. Uninsured/underinsured is what is needed in this case.
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27676 posts
Posted on 12/23/24 at 8:23 pm to
If his insurance is maxed out the only thing a lawyer can do is get you other money this guy might have. If he has no assets you are wasting time hiring a lawyer.

A lawyer will tell you the above for a consultation fee.

Suggest carrying uninsured motorists coverage.
Posted by geauxpurple
New Orleans
Member since Jul 2014
14952 posts
Posted on 12/23/24 at 8:24 pm to
Yes you need a lawyer if you don’t want to get screwed.

Do you have the kind of insurance that does not put you at the mercy of what kind of insurance the other guy has?

Collision? UM?
Posted by jbraua
Oklahoma City, OK
Member since Oct 2007
7128 posts
Posted on 12/23/24 at 8:26 pm to
quote:

Your ins would have paid to fix your auto if it was your fault.


He can still claim it through his insurance and let them subrogate it.

OP, did you have UIM?
Posted by Pvt Hudson
Member since Jan 2013
4319 posts
Posted on 12/23/24 at 8:33 pm to
Thanks - all -

Will take the advice, and the 5th -

I do have UIM, but have been advised by my insurance after a “hypothetical” conversation that it would count against me and would increase my rates.

Don’t feel like that should be my responsibility when he was 100% at fault.
Posted by No Colors
Sandbar
Member since Sep 2010
12243 posts
Posted on 12/23/24 at 8:41 pm to
quote:

Too stupid to carry it?



Too stupid to know how it works?
Posted by highcotton2
Alabama
Member since Feb 2010
10099 posts
Posted on 12/23/24 at 8:48 pm to
quote:

Lawyer up and stop talking on here immediately.


My son was in an accident where a drugged up dude with multiple arrests in a company vehicle hit him going 80 mph. The opposing lawyers requested all of my son’s social media accounts and passwords to see what he posted about the accident.
Posted by DCtiger1
Member since Jul 2009
10258 posts
Posted on 12/23/24 at 8:49 pm to
quote:

Uninsured/underinsured is what is needed in this case.


Most states UM is bodily injury only
Posted by imjustafatkid
Alabama
Member since Dec 2011
58908 posts
Posted on 12/23/24 at 8:50 pm to
quote:

Do I need a lawyer?


Your insurance isn't handling this?
Posted by La Squared
Southwest LA
Member since Feb 2012
518 posts
Posted on 12/23/24 at 9:09 pm to
quote:

Or the other option is you may have under insured insurance on your coverage that could cover the rest. Happened to my wife. Our insurance ended up covering the gap in vehicle cost beyond their coverage, but they still had enough on their plan to pay out medical.


What insurance splits is recommended by the smart folks on here. Just looked at my policy after reading through this thread and I’m at 100/300/100 and 100/300 on uninsured but nothing on uninsured-property damage. Clueless on these type of things and wondering if I need to adjust. 2 vehicles, 1 paid off. Both less than 5 years old.
Posted by AllDayEveryDay
Nawf Tejas
Member since Jun 2015
8510 posts
Posted on 12/23/24 at 9:15 pm to
We got t boned by an illegal with fly by night insurance and it totalled my truck. She ran a red light (dash cam caught her). We went through our insurance and let them subrogate hers. It was worth the $500 deductible. They'll refund us when they eventually get the money back from her insurance. There's an option for you.
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