Car Totaled - Legal Help??

Nobody was hurt but yesterday my wife, daughter, and dog we're headed to the vet when another car blew a stop sign and T - boned them. At least "Clifford" was happy - no shots.

We have full coverage but don't expect to get much for the '93 Escort wagon, and we just put $400 into brakes and tires. A friend who's been in several accidents strongly suggested we get a lawyer. Since the offending vehicle was a company owned car might my friend be right?

Our Escort was well maintained and would have lasted a few more years. The inconvenience and replacement costs will exceed it's Blue Book value. Fortunately I don't have much experience with accidents and will appreciate any help.

Thank you, CPFers.

Your friend is absolutely right.
You will not be dealing with a friend or other person the least bit interested in your best interests or in being fair.

Their insurance co. will send professionals to deal with you. You need to send a professional to deal with them.

Theepdinker

Yep... get a lawyer. And do NOT talk to anyone but YOUR insurance company and YOUR lawyer. Refer everyone else to your lawyer and/or insurance company.

FWIW... my daughter had her vehicle totaled last May. We have pre-paid legal and I called them immediately. My daughter was written up as vehicle #1 in the police report. Despite that... and because we had a lawyer... all charges and citations were dismissed against my daughter in court and she now drives a 2005 Altima.

Also,
Some injuries really don't surface right away -- especially wipflash-type neck and back stuff. I hate to say it because I'm not a big liar, I mean lawyer fan, but when you need one you need one. If it's a real minor fender bender, that might be something else, lawyers can cost a bunch, and if you aren't injured and there is little damage, it may not be worth getting all that legal about it. If you are from CA -- you HAVE to get one because by the time the at-fault driver's lawyer gets done with you -- you owe him!

Thanks, everyone, for your responses.

So far, today, my wife and daughter are OK. Had the driver's door been pushed in any more, injuries would be likely. The two doors were pushed in 6 - 9 inches, windows broken and metal ripped open. Big Buick vs. side of Escort. The impact swung our car around 90 degrees and the tires cleaned off the pavement like an eraser. This happened downtown where the speed limit is 25mph.

I have a lot to be thankful for on the day after Thanksgiving.

If it's a company owned car that hit your vehicle you might try *one* call to that company's risk management department. My ex was tagged by a company car and she managed to get everything paid for without ever contacting the insurance companies. Of course her father is an attorney and he made the call.

I'm glad everyone got out of this ok.

Yes, absolutely get an attorney. Do not wait, do not hesitate, do this just as soon as you can. Also, call your insurance company and see if they recommend any attorneys in your area.

Be careful about automatically getting a lawyer. Some insurance companies prohibit that, and may not cover you in terms of accident coverage. I'd ask your insurance company and see if obtaining a lawyer outside of the inurance carrier is an option.

--dan

Glad everyone's ok. That's the important thing.

I've only been in one auto accident. A red light runner nailed my car as I was turning left. I had his admission to deputies, witnesses who offered to testify on my behalf. My documented bills ran about 12k, I thought I could get a a fair settlement out of the insurance company without suing. I gave in after 10 months, accepting 8k.

I figured all the sue happy people cause insurance rates to go up and if I was honest and fair the insurance co. would be in turn.

I was dead wrong and if I had to do it again I would sue the ******* insurance company and feel very happy that the we squeezed double out of them than if they had just treated me fairly.

GET YOURSELF A LAWYER.

I hope i am not out of line here, but i offer legal plans and have done so parttime for about 3years.

A plan may help you and could save you a lot of money.

You can email me at [email protected]

or go to my website:

www.prepaidlegal.com/go/rmorenojr

Again, i hope i am not out of line i just thought i might be able to help.

Whatever the insurance company wants to give you for your car, ask for more. (because their first offer WON'T be their final) I wrecked my truck about 10 months ago, and after complaining that the insurance company's first offer wasn't fair market value, they gave me an additional $2,000. /ubbthreads/images/graemlins/grin.gif They're also paying for physical therapy on my permanently damaged neck, back, and knee.

I've been hit a few times, below is some actions/info that have served me well of course I ain't no lawyer lol...

Don't make any statements, even to your own insurance company.

Do not talk on the phone to insurance companies -- do everything in writing.

Act totally helpful, but give them no info... just play dumb, tell 'em you'll respond in writing to delay answering any questions, tell them you're too shook up to answer that question at this point, whatever it takes to appear helpful /ubbthreads/images/graemlins/smile.gif I always consider this to be warfare... and I'm the weaker party at a disadvantage based on numbers and experince.

Get representation, either an attorney for 33 1/3 % or a personal injury representative for around 15% (usually they are simply retired claims adjusters who used to work for insurance companies or lawyers)

Document EVERYTHING, date, time, names... keep a hand written journal.

If anybody leaves a message on your telephone about the accident then transfer it to a permanent tape recording -- I used this tactic to prove the other guys insurance company admited fault,,, blew them out of the water at the deposition.

If the car's drivable get several estimates of repair... do not allow the insurance companies appraiser to inspect it untill YOU are totally ready for it (be prepared for them to make an erronous assesment)

Get all the receipts from recent work to vehicle... they should owe you the face value of recent repairs and improvements ON TOP of the market value of the vehicle (in other words, they owe you current market value of vehicle + full value of recent repairs/improvements). To boost the value of your car, start clipping ads for the same car.. of course try to find the most expensive ads! Usually they will owe 'fair market value,' not just blue book -- but you might have to argue that.

Your state may allow for a loss of use claim -- regardless of whether or not a cost is actually incurred. So you can get a rental car,,, or just get the cash /ubbthreads/images/graemlins/smile.gif In other words, they may owe you a months worth of rental car, even if you do not rent a car (it can be like a bonus $1000) In Washington this was set by a WA state supreme court ruling so ymmv. It may be possible to cite the supreme court rulings of different states when making a claim in your state.

Injuries can take days, weeks, even months to present. Always get checked out by a medical professional, never make a statement regarding health.

Obtain the police report ASAP.

A lawyer or personal injury rep may want to document the scene of the accident asap, pics and such.

Write down anything the other party said immediatly after the accident, if they admitted fault then that's a very important thing to note. Such an utterence, immediatly after the incedent, actually holds a lot of weight (I forget the legal term for that act, but there's case law on it).

Get the police report on the accident asap. If the other driver isn't ticketed then make a fuss.

I would not try to tackle an insurance company yourself (self-represent your claim) unless you have a lot of time, knowledge, stamina lol, some advisors who are familiar with the process, etc. The insurance companies have trained professionals whose sole job it is to deny your claim, to poop on you and make you go away. (that's my biased, personal opinion based on my own experince).

Best of luck, glad you family is ok.

You guys are the greatest and Datasaururex thanks for your detailed information; I appreciate that you took the time to help me; junior, you are not out of line and I may avail myself of your info, too.

Thanks, again, for your help.

No problem jayflash.

Hope it all works out for you.

Glad to hear there were no serious injuries.

Prepaid legal programs are not a sound financial decision. You are much better off finding [through friends, church, etc.]a good attorney for future reference.

I would advise against getting a lawyer automatically. Try talking to the ins. co. of the other driver first. Tell them you'll settle your claim for 1.5 any medical damages, plus verifiable property damage. Make sure you find a car identical to your wrecked car (ie good condition, similar brakes, etc.)

The biggest reason for not auto. getting a lawyer is that an atty will probably work on a contigency basis, meaning you'll get 2/3 of whatever he recovers. In the end, unless the adjuster is really trying to low ball you, you'll get equal to or more than you would after the atty takes his fee. Plus, you'll settle the matter about 1.5 YEARS sooner than if you file suit. Finally, if you are a Christian, there are some serious warnings about lawsuits you need to consider.

Basis for my opinion: I'm a civil defense attorney - work for ins. companies and deal with car wrecks everyday.

Beware of Greeks bearing gifts. IMO

Theepdinker

[ QUOTE ]
Prepaid legal programs are not a sound financial decision.

[/ QUOTE ]

I guess that depends on... well... ALOT!!

It has worked out great for me in several situations. I've never had to pay anything except my monthly "premium"... which is literally HALF of what I pay my pool guy each month! The attorneys that I have worked with have been excellent and very knowledgeable in the exact field that I needed them to be... that's because my parent firm referred me to the specialist that I needed. The attorney that handled my daughter's accident treated her with respect and had all of the proper information to walk my daughter down the path she needed to go in order to "win" her case. He also had all of the proper information to walk the police officer down his proper path and then slam the door behind himself... /ubbthreads/images/graemlins/evilgrin07.gif ... and again... all at no cost whatsoever to me. Pretty sound financial decision from where I'm sittin'... /ubbthreads/images/graemlins/grin.gif

I guess they would settle pretty quickly @ 1.5 times medical. The "going" rate is 3 - 5 times medical (at least here in VA).

OK, I'll bite, notos&w, what has Christianity got to do with obtaining a FAIR settlement. I haven't gotten an offer from the ins. guy yet so I'm not sure of my direction. I'll agree that if a fair offer is tendered then a lawyer may be counterproductive.

My Escort wagon was 12 years old with 105k miles. It ran great and was well maintained and in good condition. I think it would cost $3 - $6k to replace it but the BB can't be much.

Any other opinions?