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OT Lawyer Advice

Posted on 6/26/17 at 8:34 am
Posted by Jumbo_Gumbo
Denham Springs
Member since Dec 2015
5970 posts
Posted on 6/26/17 at 8:34 am
My wife was involved in an accident recently. Someone pulled out in front of her and she hit the side of their car. She has a witness that will corroborate her account of the incident. Both my wife and the other driver suffered minor injuries that did not require serious medical treatment. She went to the doctor the day of the wreck and got X-rays, but lingering pains have been popping up since the wreck. The main issue I am concerned about is her neck. We just bought her car 4 months ago, and have GAP insurance, but I am not sure if the amount she will receive for the repairs will be enough if her vehicle is totaled. My question is, should we hire an attorney, or is the cost required for legal council not worth the time or possible outcome? I've told her to go back to the doctor to document her recent pains. For the record, we aren't those type of people who like to sue just because, but I also don't want to get screwed for something that was not my wife's fault. What should we do?

Oh, and no pics of my wife.

TIA.
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 6/26/17 at 8:37 am to
better call Saul
Posted by TheAlmightySmash
New Orleans
Member since Jun 2014
5493 posts
Posted on 6/26/17 at 8:37 am to
quote:

I also don't want to get screwed for something that was not my wife's fault


That's why people have insurance
Posted by TigerNlc
Chocolate City
Member since Jun 2006
33219 posts
Posted on 6/26/17 at 8:38 am to
Lawyer down
Posted by Tshiz
Idaho
Member since Jul 2013
7974 posts
Posted on 6/26/17 at 8:39 am to
Get a lawyer.
Go back to the doctor.
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3145 posts
Posted on 6/26/17 at 8:39 am to
Go talk to a lawyer, not a lawyer with billboards, and not some one man firm. There is a happy medium.

Sounds like a very easy case. I wouldn't mess around with a neck injury yourself or some adjustet is going to take you for a guilt trip ride. Adjusters prey on the, "we aren't sue happy" people every day.
Posted by NIH
Member since Aug 2008
124968 posts
Posted on 6/26/17 at 8:40 am to
Get Gordon, get it done
Posted by rumproast
Member since Dec 2003
12473 posts
Posted on 6/26/17 at 8:57 am to
No brainer. Go get legal advice. Neck pains can be symptomatic of deeper issues. You'd hate to do nothing and then find out she has a herniated disc or something. Also, the other guy's insurance (assuming he had any), ought to pay for your repairs and if not, your own policy should. Look at it this way...many lawyers don't charge for an initial visit to see if you have a case. And many take these cases on a contingency, which means you don't pay them unless they recover. I don't even know what the hesitation is here. (And just to be safe, I'm not your lawyer, and this isn't to be construed as legal advice.) More importantly.....go get your wife checked out again. Her health is the most important thing.
Posted by FearTheFish
Member since Dec 2007
4558 posts
Posted on 6/26/17 at 9:06 am to
The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.
Posted by Motorboat
At the camp
Member since Oct 2007
24320 posts
Posted on 6/26/17 at 9:26 am to
quote:

The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.



Horrible advice
Posted by Macavity92
Member since Dec 2004
6349 posts
Posted on 6/26/17 at 9:54 am to
Getting a lawyer for property damage is a losing proposition, especially if you have GAP insurance. By the time the lawyer takes his cut you likely come out behind.

For your wife's neck it is a different story. First, claim or not, she needs to seek medical attention and try to resolve the issue. Once you know what the issue and what will be required to resolve it then you can consider legal advice.

Beware of doctors recommended by lawyers. The dirty little secret of the litigation industry is that some doctors are as much a part of it as are lawyers.
Posted by hoppinnissan
Louisiana
Member since Sep 2011
1003 posts
Posted on 6/26/17 at 9:54 am to
I had an accident where the other guy ran a red light and crossed over Airline and I hit him. Had a witness, State Police gave him a ticket and the driver admitted to being on the phone. Seemed pretty clear cut.

3 years later and a lawyer to get any money to cover our expenses. Lawyer up!
Posted by theronswanson
House built with my hands
Member since Feb 2012
3270 posts
Posted on 6/26/17 at 9:59 am to
Cha fricking ching. Only question is do you want one giant yacht or two medium sized yachts?? Lawyer your wife up broturkey
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 6/26/17 at 10:27 am to
quote:

The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.

Horrible advice


Why? You have no idea how the other carrier will treat them. His wife should get properly treated and determine the extent and if the attorney drags it out and file suit would get 40% of any ultimate payment.

The attorney may send her to a doctor who makes her situation worse as often clients are just pawns in the system between lawyers and doctors.

If the other party has only minimum limits coverage then 1/3 of that potential is gone as soon as counsel is retained. So if there is a $15,000 policy and its policy limits case the injured could have gotten $15,000 but now gets $10,000 after the attorney contingency is paid.

The attorney is liable to send her to a doctor of his choice and the doctor bills are paid from the settlement.

Instead the bills could have been paid by their health insurance or medical payments coverage if the auto insurance provided this coverage.
Posted by Winston Cup
Dallas Cowboys Fan
Member since May 2016
66986 posts
Posted on 6/26/17 at 10:30 am to
quote:

My wife

quote:

Someone pulled out

quote:

lingering pains have been popping up

the good news is you won't have to raise the kid. bad news is your wife prefers bbc. hope this helps
Posted by FLAK88
Gonzales La.
Member since Jan 2015
494 posts
Posted on 6/26/17 at 10:35 am to
Spencer Callahan is the one to see ,call 387-2323 !!
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29900 posts
Posted on 6/26/17 at 10:40 am to
quote:

The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.


Just when you think the OT can not get dumber . . .

quote:

Go talk to a lawyer, not a lawyer with billboards, and not some one man firm. There is a happy medium.


This is your best advice.
Posted by NASA_ISS_Tiger
Huntsville, Al via Sulphur, LA
Member since Sep 2005
8253 posts
Posted on 6/26/17 at 10:42 am to
Personally I think of it this way:

You're not suing the individual...you're suing their money grubbing, cash hoarding insurance company. If your wife is hurt and it's deemed the other party's fault, I recommend you lawyer up. It'll likely be done out of court anyways.

Typically the liability insurance has a clause for property damage and another for personal injury damage.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 6/26/17 at 10:45 am to
quote:

The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.



Because your dumbass will never know if the insurance company's offer is anywhere close to realsitic. Only an experienced attorney can tell you this.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84835 posts
Posted on 6/26/17 at 10:46 am to
quote:


The second you call an attorney you're going to lose 1/3rd of whatever offer is made to you.

I always recommend to people to work with the insurance carrier(s) as long as you possibly can. Don't get an attorney until either 1) prescription is getting close to running, or 2) the insurance carrier is not making a good faith effort to settle.

Hiring an attorney will put the brakes on resolving your claim, in addition to the added expenses.


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