In the interest of full disclosure, I am an attorney. I do corporate transactional work, and no litigation or personal injury work at all. That being said, you do need an attorney. If for no other reason than that the insurance company has them and they, like other business, are going to look to maximize their bottom line. That means not going the extra mile to make you happy. I am not suggesting that you go out and file suit (and if you find a lawyer who wants to do that right off the bat, he or she is not your best best). What you need is someone with a trained eye and an objective viewpoint. You don't have either, and neither will your family. Additionally, many states have laws that specifically regulate insurance companies, their adjusters, independent adjusters, and how they deal with totaled vs repairable cars. But if you do not know that the laws are out there, the insurance company won't tell you. My suggestion is to ask friends or family for someone they have used and who they trust. Then just talk to them, hear their thoughts and go from there. I realize that many attorney's are not held in high regard, but I am reminded of an old saying: "I hate all lawyers, except my own."

 

[QUOTE]Originally posted by Power6Spd
[B][QUOTE]Originally posted by S2KRoadster.com
[b]Dude, sorry to hear about this tragic incident...Hope you are starting to feel better physically.

Would love to see some pictures.

 

Get your own body shop quote from the best in your area concerning whether your car can be put back to like new. If the insurance company commits to fixing it because it will only cost $45,000.00 to fix it and the car is worth $55,000.00, then they have to fix it back to the condition it was in before the accident. That might even end up costing them $55,000.00 or $65,000.00 once they start getting into the repair.

Let the insurance company know that it was in perfect conidtion before the accident and you are prepared to see that they fix it back to that condition. That is their obligation.

In 1990 I hit a moose head on with my '88 Prelude 4WS. The car's book value was $9,500.00. The insurance company's adjuster estimated the repair as $8,500.00 and went ahead and fixed it. In the end they paid $9,500.00 to fix it because more damage showed up during the repair, but I was only out my deductible. It was fixed back to new. I got full trade in value when I traded it two years later for my '93 Prelude. My dealer who took the car in trade knew exactly what the car looked like after hitting the moose because Jim Weber, the owner of Valley Motor Honda, is my next door neighbor and I had the car towed home from the mountains.

Although I needed lots of new sheet metal and glass (hood, windshield, rear window, new roof, new right rear fender/quarter panel), the frame was not hurt. The doors opened and closed normally after the accident. The car didn't need any frame work. That makes a big difference.

If you have major frame damage, then they'll have to total it. Having a lawyer state in a letter that the car has to be returned to original condition including original full structural strength might go a long way toward convincing the insurance company that it is not worth saving a couple thousand dollars on a repair only to face, down the line, a multi-million dollar suit for improperly repairing the car.

Investing $500 to $1,000 in an attorney now might make a big difference to how happy you are with the outcome. Finding out from YOUR BODY SHOP whether the car is repairable or not is also key. Although I agree with "itsjustme", full disclosure requires me to mention that I'm no fan of lawyers.

 

Attorneys are business too and are going to look to maximize their bottom line.

I am not an attorney. I don't play one on TV either. That being said, Mario, your situation does not require an attorney. You can resolve the situation as well as any attorney can and POCKET much MORE money than if you have an attorney. I've been there more than once.

Do not rush out and get an attorney for this. You don't need it. You can always change your mind later and get one if you choose. Main thing right now is to document EVERYTHING. Get a large calender and each day write a quick note about how you are feeling. Rate how sore you are on a 1-10 scale. Something quick.

10 = Very Sore
0 = No Pain

Example:
Head = 8
Neck = 10
UpBack = 7
LoBack = 5
LLeg = 0
RLeg = 5
LFoot = 0
RFoot = 8

Write down if you went to the doctor that day. I always just had the receptionist write my next appointment on the doctors business card and I kept them in an envelope for my records. And I made note of the distance from my house to the doctor. how many trips did I have to make? Count those business cards. Did you have to take time off from work that day? Make note of it. Keep it simple, but keep a record.

Keep going to the doctor and or chiropractor. Even when you start feeling better keep going until they give you a clean bill of health. Be patient with it.

Insurance adjusters are not paying you money out of there own pocket. End of the day they don't care what you get. They are just employees. But what they need to do is justify to their superiors why they issued you a check and for how much. Your documentation provides them with the justification they need and gets your case closed and off their desk. That's what they care about.

You just need to know how to work the system. It's actually pretty simple. If in the end you do get an attorney the documentation you have collected will be the ammunition they'll use to sink the insurance company.

In the interest of full disclosure, my former inlaws owns one of the largest insurance agencys on the west coast. His 2nd largest client is the State of California. His largest is an art museum in San Francisco.

PS: I dislike insurance companies more than attorneys.


[Edited by KenS2K on 03-01-2001 at 05:03 PM]

 

You will not be treated fairly without an attorney!
The ins. co. is not on your side, not even your own. I have handled well over 2000 cases and generally speaking insurace companies do everything possible to pay you significantly less than what you deserve and they will record your conversations.
Evan
just my opinion

 

full disclosure: i am not an attorney and in general am not overly fund of them (sorry to all lawyers out there).

none the less - you should get one. seriously. otherwise you're more likely to get screwed. pure and simple. the insurance company will tread more lightly and you'll be less likely to screw up.

without one you'll save money. and you'll get less money. so... simple math. would you prefer to give away 10% of $100 or give away 0% of $50?

and god forbid the other driver sue you because of something you mishandled on the legal side has left you vulnerable (believe me, i've been there and it SUCKS).

don't **** around. and get a GOOD lawyer (you get what you pay for).

basically, three rules of life when lawyers are concerned:

1 - if the other party has a lawyer - you should have one,
2 - however, you should never let lawyers negotiate directly with lawyers without you involved (hours add up),
3 - no-one who is NOT a lawyer is competant to BE a lawyer (i've spent 10 years in a business role where almost every day i deal with legal documents, legal negotiations, etc and most lay-people would confuse me for a lawyer which just shows their ignorance).

 

Mario my brother,

Sorry to hear about the accident. Hope you heal quickly and completely... Such a shame about your sweet looking stook... But, I'd rather have your car wrecked then you.

Take care,

Bob

 

Example:
I was a passenger in an automobile accident. I sustained less injuries than the other two people in the car. We were not at fault as we were hit from behind. Both of the other passengers individually obtained lawyers to represent them. I chose not too. Guess who got more money?

With separate attorneys they together collected $12,000 before medical costs and attorney fees. Together they pocketed less than $5,000 after costs.

Without an attorney I collected $20,000 plus all related costs. That's right 20k in my pocket. No attorney. No BS.

I did interview several different lawyers before going at it alone. All said my case was worth 5k - 7k. Maybe 10k including medical. They also wanted 30% - 40% of what they were able to collect.

That was in 1990. Ever since I have always gone it on my own and have NEVER been disappointed. My close friends and family have started to do the same with great success. Not one loss. Even in court before a judge and jury you do not need one. Others watching in court can't believe the results of not having legal counsel. But be advised that you do need to be prepared for court and know the laws. Best place to start is your state and federal constitution. But also note that because you are not a lawyer you are NOT bound by the BAR, which is to your advantage. You are not there representing yourself. You are there as yourself. Two separate things under law. Check out your local library for books on law. But be prepared, the volumes on the constitution are usually always checked out permanently. I ended up ordering my own set. Not cheap. But still MUCH cheaper than an attorney.

Ok, I'll get off my soapbox now.

One Exception: If you have done something wrong, get an attorney. Let them do the lying. They're better at it.

[Edited by KenS2K on 03-02-2001 at 02:08 AM]

 

[QUOTE]Originally posted by Black7564
[B]Mario my brother,

Sorry to hear about the accident.

 

[QUOTE]Originally posted by Power6Spd

Thanks Bob!