Was hurt in an accident have questions

[John Lee]

Jurisdiction

Virginia

I was a passenger in a bad crash and I have some broken bones and overall pain. I didn't call a lawyer because I just want to be compensated fairly but everyone is telling me the drivers insurance will try to cheat me out of my compensation and I will be out of work for at least two months.
Thanks

 

[adjusterjack]

I suggest you call a lawyer and not rely on what "everybody" tells you.

 

[zddoodah]

I didn't call a lawyer because I just want to be compensated fairly

That makes little, if any, sense.

everyone is telling me the drivers insurance will try to cheat me out of my compensation

No, "everyone" is not telling you that. I didn't tell you that. Indeed, of the 7.7 billion people on Earth, I imagine only an infinitessimally small percentage have told you anything about this. That's hardly "everyone."

Folks who are ignorant about how insurance works often think insurance companies "cheat" folks and do all sorts of unethical stuff. Even some personal injury lawyers run misleading ads to this effect. In reality, no insurance company would last long by making a practice of "cheating" folks who make valid claims.

Here are some questions for you:

When did the accident occur?

How many cars were involved in the accident?

Who was at fault for the accident? Don't need a long story. Maybe you believe one driver is entirely at fault. Maybe you think both or all drivers are partially at fault. Whatever.

Do you have liability insurance information for all drivers involved in the accident? If so, do you know the limits of everyone's liability coverage? Have you made contact with the claims departments of all drivers' insurers? If not, why not? If so, please briefly describe what happened as a result.

 

[army judge]

I was a passenger in a bad crash and I have some broken bones and overall pain.

Do you KNOW if the driver had a valid insurance policy for anything other than state required collision insurance?

If the driver has minimum insurance your ONLY recourse is to sue the driver.

You might have recourse against the other driver.

 

[John Lee]

It happened two weeks ago and only one car involved. he went off the road and hit a tree. He does have full coverage from a major insurance company but no I haven't contacted them. I have never been in an accident so honestly I don't know what to do.
My "everyone is telling me " was a figure of speech.

 

[John Lee]

Do you KNOW if the driver had a valid insurance policy for anything other than state required collision insurance?

If the driver has minimum insurance your ONLY recourse is to sue the driver.

You might have recourse against the other driver.

Yes he has very good insurance.

 

[army judge]

Yes he has very good insurance.

Allstate's website states "represented claims settle for 2-3 times more than unrepresented claims." (See page C000011298).

Allstate goes on to urge their adjuster to convince injured victims to NOT hire an attorney.

Good Hands People?


12 Things You Need to Know if You Are Going to Try and Represent Yourself


Most attorneys receive anywhere from 25-33% of the award you receive.
If you receive NOTHING, the attorney receives nothing.

Assume you were offered $50,000 without a lawyer, you'd keep $50K.

If you had a lawyer, you'd have received anywhere from $100-150K.

After the lawyer gets paid you'd walk away with between $66.6-100K.

Talk to a lawyer or two, then HIRE one.

You won't regret it.

 

[John Lee]

Allstate's website states "represented claims settle for 2-3 times more than unrepresented claims." (See page C000011298).

Allstate goes on to urge their adjuster to convince injured victims to NOT hire an attorney.

Good Hands People?


12 Things You Need to Know if You Are Going to Try and Represent Yourself


Most attorneys receive anywhere from 25-33% of the award you receive.
If you receive NOTHING, the attorney receives nothing.

Assume you were offered $50,000 without a lawyer, you'd keep $50K.

If you had a lawyer, you'd have received anywhere from $100-150K.

After the lawyer gets paid you'd walk away with between $66.6-100K.

Talk to a lawyer or two, then HIRE one.

You won't regret it.

Thank you sir. I appreciate the help.

 

[army judge]

Thank you sir. I appreciate the help.

You're welcome.

One final thought.

You're hurting, you're trying to heal.

You can't do that while negotiating with someone who only cares about wearing you down.

Your lawyer will do the heavy lifting while you concentrate of healing.

 

[adjusterjack]

If you are going to be out of work for two months due to a serious injury then you absolutely do need a lawyer.

 

[zddoodah]

He does have full coverage from a major insurance company but no I haven't contacted them.

Why not? Also, "full coverage" typically means collision and comprehensive coverage in addition to liability coverage, neither of which are relevant for your purposes. Without the rest of the information I asked about, all I can say is that I generally agree with "adjusterjack's" suggestion that being out of work for at least two months is indicative of an injury serious enough that a consultation with a local attorney is worth your while.

However, depending on the limits of the driver's coverage and his/her ability to pay beyond the limits of his/her coverage, there may not be much a lawyer can do for you that you can't do for yourself, so that should be one thing you discuss before hiring an attorney.