My family and I were just in a pretty serious car accident recently (everyone's okay). My wife keeps throwing around the idea of getting a lawyer.....but I'm like "why"? Although the insurance compan(ies)y is being kind've a pain, in that they just don't seem to have a sense of urgency to get us straightened out, I'm not seriously worried about not being compensated for all of our expenses. I mean the only thing other than that would be "pain and suffering". But should insurance companies be responsible for that? I mean under NO circumstances do I want to sue the person who caused the accident because, well, although he was probably a little careless, it was an accident. So that leaves the insurance company to compensate us I guess for "pain and suffering". I mean, it has been a big pain in the ass dealing with all the fallout from the accident, but I guess I just figure that's the way things work sometimes. My wife has already talked to a lawyer and they said they wanted to "help us", but help us for what? Is this a situation where a lawyer is needed? I guess I just don't see it.
Umm...no, you don't need a lawyer for this, Freak. This is just a case of them wanting to make a "sale" and it looks like your wife is considered to be an easy mark by them.
Good point, Manny. I recently had a friend who was rear ended in a car he was planning on getting rid of. He ended up suing for "pain and suffering" and getting a settlement on top of the amount they were willing to give for the car. He explained to me that it wasn't wrong for him to do it, even though he wasn't hurt, because if he didn't screw them over, they would screw him. That's a classic example of faulty logic (or maybe just based in emotion) if I ever heard one. It might have been a bad accident, but why exploit it if you and your family are alright? There's nothing that an insurance company could give you if you would have lost one of them. You have the right idea..."Why?". Too bad more of us don't think the same way. Don't fall victim to the desire to get something for nothing...it could come back to haunt you one day.
I thought of that guys. But they say they wouldn't go after the guy, just the insurance company (edit: just read your post x34). My wife's point of view is that, through no fault of our own, we've had to deal with all this crap for the past couple of weeks because some guy was driving like an idiot. I mean it was a hugely traumatic thing. Sure, we'll get our costs reimbursed, but that doesn't change all the stuff we've had to go through. My thing is that I just don't know what can be done about that. I'm not sure it's the insurance company's responsibility to make up for that (I could be wrong, I'm beginning to wonder what it is they do at all, the way it's been going). She's not greedy, she just feels put out, and our insurance company's kind've dragging their feet.
One thing to consider is that some injuries or 'after effects' of car accidents do not show up immediately. Usually lawyers that take those kinds of cases will give you a free consultation. Go hear what they have to say. They may tell you something you DON'T know. If you think they're used car salesmen then forget it. And if the guy was driving 'like an idiot' his insurance will go up for every buck they dole out to you (probably 2 to 1). And maybe he'll stop driving like an idiot and not hit someone else.
Hayes: I guess there's no harm in seeing what they have to say. But I hesitate to penalize the guy that caused the accident. I mean, he didn't plan to have an accident that day either. I'm sure he's having to deal with getting his car fixed and all that, and possibly an increase in rates as well. The reality is that he was probably driving too fast on wet roads....I guess I'm thinking the wreck was punishment enough for that (even though he wasn't hurt). Am I being too soft? I'm not sure what to do.....that's why I came here! This board is full of badasses!
Just pretend like the guy driving the other car felt that Hakeem Olajuwon was a useless player and deserved to be let go after his last season in Houston.
If the insurance company is dicking you around then fight back. You gave them a chance to handle it swiftly and they are taking their sweet time about things. Put a little pressure on them.
I was in a pretty bad accident about 2 years ago. I was at fault; I was driving too fast and lost control of the car. There were 4 total people in the car. The accident happened in Columbus, right in the middle of Austin and Houston. Like I said, it was a pretty bad accident, one person had to be transported via helicopter to Herman hospital (approximately 85 miles away) because the medical people felt the Columbus hospital did not have the proper equipment to take care of her. Myself and the two other people were transported to the local Columbus hospital. I was release a couple of hours later. The two other people were then transported from the Columbus hospital to Herman and stayed over night, released the next day. The girl that was flown to Herman hospital via helicopter was release within the same day. Luckily everyone turned out okay, although there were some permanent scars and very sore bodies for a few weeks. As you can probably imagine, the medical bills were extremely high, about $30,000 dollars. I did have full coverage insurance, and thought State Farm would “take care” of the medical bills very quickly. The insurance company gave everyone a check for $2,500 that covers PIP (I think it stands for Personal Injury Protection) within a week of the accident, however the rest of the medical bills were not paid out until we got a lawyer. We called and called our insurance case agent, and each time it was a different excuse, I’m waiting for the bill/fax from Columbus or I’m waiting for word from Herman hospital…this went on for about 7 or 8 months. I am positive without a lawyer this situation would not have been clear up. Finally when we got a lawyer, the matter was all taken care of within 3-4 weeks. The lawyer was able to negotiate the medical bills from Columbus and Herman from $30,000 down to about $20,000 dollars. The lawyers took the standard 33% of the full settlement. The full settlement was $40,000, so the lawyers got a $13,000 dollar cut. In the end, the three other person’s medical bills were taken care of and they each got about $3,000 - $4,000 dollars for “pain and suffering.” Unfortunately I wished they could have ended up with more money leftover but my insurance policy maxed out at $40,000. I don’t know if medical attention was required in your case or how much damage was done to your car. If you did go to a hospital to have X-Rays or a CAT scan done, be weary because in my case that was outsource to a different billing company, we did not receive the X-Ray / Cat scan bills until a couple of months after the accident. I think the biggest benefit of getting a lawyer was negotiating the bills down $10,000 dollars. I don’t know if this would apply to your case though. As for the insurance rates, this was my first accident, my rates have gone up 20% - 25% each six months, and will do so for the next three years after the date of the accident. Not bad at all, all things considering.
No disrespect to you and your wife (and I'm talking about sueing in general), but geez, we have got to get out of mentality of screaming for a lawyer everytime something doesn't go our way. George Harrison had it right. Sue Me, Sue You Blues You serve me And I'll serve you Swing your partners, all get screwed Bring your lawyer And I'll bring mine Get together, and we could have a bad time It's affidavit swearing time Sign it on the dotted line Hold your Bible in your hand Now all that is left is to Find yourself a new band . . . We're gonna play the sue me, sue you blues We're gonna play the sue me, sue you blues Hold the block on money flow Move it into joint escrow Court receiver, laughs, and thrills But in the end we just pay those lawyers their bills When you serve me And I serve you Swing your partners, all get screwed Bring your lawyer And I'll bring mine Get together, and we could have a bad time We're gonna play the sue me, sue you blues I'm tired of playing the Sue Me, Sue You Blues RR
If it were me, I wouldn't contact a lawyer unless the insurance company isn't going to pay for the property damage. You have the right attitude, Freak...don't sue just for the sake of suing...the world is not full of guaranties. Glad you and your family are OK.
Freak: Have you all been checked out by a doctor? I was in a wreck a few years back with my then-girlfriend. She was driving. We were doing about 30 on Fannin downtown when a bunch of drunk kids blew through a stop sign just in time for us to smash into the side of their SUV. I wasn't wearing a seat belt (always do now) and banged my knee on the dash. If not for the airbag, I would have gone through the windshield. My knee was sore for a day or two, then seemed fine. I never went to the doctor and took $500 from the insurance company and agreed not to seek more. One day after cashing the check my knee started bothering me. Now it cracks every time I bend it and I'll definitely need reconstructive surgery. Get a lawyer or don't. Just make sure you've all been thoroughly examined by a doctor. Accident related injuries can take some time to manifest themselves. I'm going to be out a lot more than the $500 I took whenever I get my knee fixed.
if getting a lawyer will make it go quicker and maybe get you more $$$, then go for it. Also, I would heed the advice of Batman Jones. Make sure you and your family get examined extensively. You wont get another chance to get someone else to pay for all the crap that comes with the accident. My mother was in an accident quite a long time ago and though she didn't realize til many years later, it really messed up her neck. Two years ago she had to get surgery in her neck because she couldn't use her arm and was facing possible paralysis. She's doing okay now, but she's kinda restricted to being around the house(can't work, can't lift moderately heavy stuff, pain can come at any time, etc).
Freak- It seems like more hassle than its really worth to me. Just let the insurance company do its thing and move on with life. I know its a pain in the ass to deal with, but lawyers are just after your money. My own personal rule of thumb: If no one was hurt, you dont need a lawyer. What insurance company do you use?
Thanks for all the responses everyone. Drew, I'm with Farmer's. Let's see.....we have been checked out by doctors, I was transported via ambulance to a hospital right afterwards. I had a couple of fractured ribs and a bruised spleen. It's been 3 weeks, and still no other after-effects for anyone other than that (my wife had a couple of dizzy spells after about 2 weeks though). I think we are going to give it 1 more week (making it a month after the accident). If we still haven't been compensated by then (or at least a check isn't in the mail), maybe I'll contact a lawyer. The way I see it, these people (insurance company) get a check from us EVERY month, without having to do a damn thing. This is the only time you EVER need your insurance company to do ANYTHING, and they're taking their sweet time. If we get a lawyer, they can still take their time, we just won't have to deal with them.
The only advice I can offer to that is what another member posted once not too long ago in the Hangout: "What happens when a lawyer takes Viagra?....He gets taller." Exactly. Screw lawyers, because they indefinitely screw you. It's their profession, I hear it from my brother the lawyer everyday. Your case will handle itself better than a lawyer will in this case.
Remember that the business of insurance is really all about maximizing the return on the money thay take in before they dole it out. They have no incentive to pay out in a timely manner - other than personal integrity, of course. Do you really want to depend on that? If they aren't getting consistently harassed, you're not going to see a dime. The past couple of years I've had to go to the hospital a couple times for random injuries and I'm still trying to get my insurance to pay for the amounts they are obligated to pay. It's amazing how many excuses they can come up with to delay payment. I hate lawyers about as much as insurance companies, and it's probably not worth taking it all the way to litigation, but it may be worthwhile to let a lawyer scare them a bit.
Gee..and I thought I disliked lawyers!!! (i hope you guys don't really think we're all out to steal your money...some days we actually provide some value before we bill you!)
If you want a lawyer to help you expedite your claim process and get the money the insurance should pay, go for it...many times all it take is a letter from the lawyer at a set fee... ...but if you want to "stick it" to the insurance company, I would hope that you wouldn't get a lawyer. Because so many people sue insurance companies to squeeze every dime they can out of them (many times its not that much more, and the lawyer takes most of it anyways)....the insurance rates are so high. I have a buddy who is in the insurance business and if they didn't have to make so many payments to people that just run out and get a lawyer everytime someone doesn't go their way, then insurance premiums would be about 25% of what they are now. (Its cheaper to settle than to fight the stupid claims in court, and lawyers know it...that's why the TV is full of lawyers during daytime TV trying to convince people that they are "owed" something.) I'm all for you getting your costs covered in a reasonably quick time frame, but sueing for more isn't always the answer...sometimes just the threat of a lawsuit (letter from lawyer) will get your check in the mail. Everytime someone sues to get a settlement just to "get over" on the insurance companies everyone else's rates go up...across the board. Insurance profit margins are slim...so its the other clients of the insurance company that are going to get stuck with the bills for all that frivilous money.
