Please help!! Should I hire an attorney? I was in a car accident

[smallblonde1212]

Hi guys-


I am reaching out to ask if I should consider hiring a lawyer. OR should I see how much settlement the insurance company offers me first?


I was in a car accident on Sunday. I was proceeding into a 4 way intersection when the driver to my right failed to stop at a stop sign. She plowed into me at 30-40 mph, as well as hitting another car. A witness saw everything, in addition to the police giving her 3 tickets, and her admitting guilt to the police. Due to the woman's negligence, my brand new car is now extremely damaged/potentially totaled.


I sustained several physical/mental injuries from this crash- A concussion, Chest cartilage inflammation, a hip contusion, and anxiety attacks. I also missed work for 2 days.


The woman who hit me's insurance is asking me if I am making a "Bodily Injury Claim". I am concerned about the woman's insurance trying to give me a settlement that is much lower than would be appropriate for the situation/my injuries. Should I hire an attorney to ensure I am being compensated fairly?

 

[adjusterjack]

The woman who hit me's insurance is asking me if I am making a "Bodily Injury Claim".

You are. Say "yes." And put it in writing to the claim rep that you will be seeking compensation when you recover from your injuries.

Meantime you want your car taken care of. If you don't get immediate action from the other driver's insurance, use your own collision coverage and avoid the hassle. Your insurance will subrogate and refund your deductible to you when it collects.

I am concerned about the woman's insurance trying to give me a settlement that is much lower than would be appropriate for the situation/my injuries.

Yes, that's a concern, and often the case. But you don't have to discuss settlement (and shouldn't) until you are fully recovered and can quantify your claim. You also shouldn't rely on the insurance company to make you an offer. It's better to figure out how much you want and then ask for it.

Should I hire an attorney to ensure I am being compensated fairly?

Never hurts to consult one (or a couple) but it might be premature to actually hire one. In Ohio you have two years to file a personal injury lawsuit so there is no hurry to hire one.

I suggest you take photos of your car for your own files. If you have any visible injuries, take photos of them now and once a week to show the healing progress. I also suggest you keep a daily journal of how you feel, the extent of your pain, what you can or cannot physically do, what normal activities you miss out on. Include any discussion or diagnosis from your medical providers. If you are already back to work make sure you include any difficulties you experience: pain, fatigue, inability to concentrate, having to leave early.

Make sure you get your own copy of the police report as soon as it's available.

I'm a retired claim rep. I can provide some limited guidance during the process. It won't be "legal advice" because I am not an attorney.

Feel free to come back to this thread for further conversation if you like.

 

[smallblonde1212]

You are. Say "yes." And put it in writing to the claim rep that you will be seeking compensation when you recover from your injuries.

Meantime you want your car taken care of. If you don't get immediate action from the other driver's insurance, use your own collision coverage and avoid the hassle. Your insurance will subrogate and refund your deductible to you when it collects.



Yes, that's a concern, and often the case. But you don't have to discuss settlement (and shouldn't) until you are fully recovered and can quantify your claim. You also shouldn't rely on the insurance company to make you an offer. It's better to figure out how much you want and then ask for it.



Never hurts to consult one (or a couple) but it might be premature to actually hire one. In Ohio you have two years to file a personal injury lawsuit so there is no hurry to hire one.

I suggest you take photos of your car for your own files. If you have any visible injuries, take photos of them now and once a week to show the healing progress. I also suggest you keep a daily journal of how you feel, the extent of your pain, what you can or cannot physically do, what normal activities you miss out on. Include any discussion or diagnosis from your medical providers. If you are already back to work make sure you include any difficulties you experience: pain, fatigue, inability to concentrate, having to leave early.

Make sure you get your own copy of the police report as soon as it's available.

I'm a retired claim rep. I can provide some limited guidance during the process. It won't be "legal advice" because I am not an attorney.

Feel free to come back to this thread for further conversation if you like.

Thank you so much!!!

 

[army judge]

I am reaching out to ask if I should consider hiring a lawyer. OR should I see how much settlement the insurance company offers me first?

Statistics show that people who are involved in car collisions that retain the services of an attorney receive settlement offers 2 or 3 times HIGHER than people who choose NOT to hire a lawyer.

Bottom line, the people who hire lawyers walk away with MORE money than those who choose to go it alone.

The choice is yours to make, choose wisely.

 

[adjusterjack]

Statistics show that people who are involved in car collisions that retain the services of an attorney receive settlement offers 2 or 3 times HIGHER than people who choose NOT to hire a lawyer.

Those statistics have probably been created by lawyers so they can convince their prospects to hire them.

Might be true for broken bones, lost limbs, severed nerves, brain damage, etc. But for soft tissue injuries with relatively rapid recovery, not likely.

 

[army judge]

But for soft tissue injuries with relatively rapid recovery, not likely.

Soft tissue injury cases fail to stimulate any interest among most attorneys practicing in the realm of automobile collisions.