Serious question here.

[vbhoutex]

As most of you know I was in a serious automobile accident friday. My car was totalled. I was what I consider slightly injured with multiple contusions and a ton of pain.

I do not know how the other persons insurance(if they even have any)will be/ is going to handle the situation.

The question is: What do you do in this situation? Hire a lawyer get as much as you can out of it(I am not talking breaking the bank or getting anything not deserved)or do you settle for what the insurance offers you?

Obviously, we are talking a new vehicle, medical, lost wages, etc. What do you do?

[CajunMama]

David, call your insurance agent and let them find out the details. It's a little early to hire an attorney if you don't have those questions answered. Hope your aches ease up soon!

[Corona]

Get to the doctor's IMMEDIATELY and document your injuries. You need records asap from the accident date. Take lots of pictures, car, yourself, etc. Get on your insurance adjustor's butt to get them going asap also, and make sure they do their part. They should supply the attorney. If not, hire a good Personal Injury attorney - the best one in town. Get a copy of the accident report from the police. Don't settle too fast; all of your injuries may not surface until a week later when your head will hurt, you won't be able to turn around and look over your shoulder, or some other part will start to hurt. The rule of thumb is to engage the insurance company asap, but you don't settle or collect for at least a year on your Medical. You can get a settlement on your car sooner. They are two completely different issues.

[streetsoldier]

Good post, Corona!

Dave, DOCUMENT EVERYTHING, no matter how inconsequential it may seem now...have copies of all reports, ER papers, etc. IN your possession, and check your policy to see if you have "underinsured" coverage (i.e., the "other guy" had "collision only").

Think about an attorney..ask around, as far as you are able, for a lawyer that has a proven track record in these matters. You may, sooner or later, want to retain him/her.

But, FIRST, take care of YOURSELF...do what the MD says, rest, and wait. If you do eventually go to court, you need to be able to "hold up" while the mouthpieces drone on and on...OK?

[deb_in_nc]

Also keep a diary of your day to day pain. How bad it hurts, what you can't do because of it, ect. This is important as my lawyer told me years ago that if it goes to trial, you may have healed by then. It will be hard to remember exactly how bad the pain was by then. Don't pay lawyer on an hourly basis. It could cost more for the lawyer than what you'll get from insurance. See if they'll do it for like a third of what you get. Good luck!
We love ya and are here for ya.

Debbie

[azsnowman]

First off...."DAVID!" What the heck happened???? Dude, I'm glad your Guardian Angel was riding shootgun with you!

Secondly, I agree with Corona 110%!!!!! Take it one day at a time and in the mean while, YES, get an attorney by all means. I also agree with you, DON'T take this persons insurance for everything you can get out of it, but make DAM sure you get what's coming to you!

Take care Brother, got ya on the top of my prayer list!

Dennis

[wx247]

All of the above posts have extremely good points David. I am sorry to hear about your accident. I hope you get better soon!

[cycloneye]

Oh boy David get well soon as all the above posts said.And I hope that you decide very soon what to do next about legal issues concerning that accident.

[Lindaloo]

I was an insurance adjuster for Allstate for 12 years. Being this was a serious accident resulting in property loss and bodily injury an adjuster from the other vehicles insurance should have contacted you by now. If not, I suggest you call your agent and let him/her know what is going on. Most insurance companies will accomodate your losses and medical bills. Although they will try to stiff you out of the liability damage of it. If you are not satisfied with the monetary part of your bodily injury I would contact an attorney.

Also find out what your cars value is. Insurance companies will try to give you "after market" value which is totally wrong.

Who are you insured with David? And who is the other party insured with?

[coriolis]

Good posts, all. The only thing I'd add, is that if your state has "no fault" insurance, things could be a little different than the traditional way. Again, your insurance agent would take care of all that.

If you have "premium" insurance, you may be able to get a temporary replacement vehicle.

In Pennsylvania, we have no fault, with a full or limited tort option. If we choose limited tort, we pay less, but give up some rights to sue for pain and suffering.

I hope you're feeling better, David, and I'm thankful that you were not hurt more seriously.

So what's going on job-wise?

[vbhoutex]

Thanks everyone for the wonderful advise. The reason I asked the question is that in previous serious accidents over the last 32 years we have really been stiffed 2x and we are not going to let it happen this time. The person that hit me supposedly has insurnace, but we have heard nothing. My insurance got the information we had the day of the accident. I am currently in a rent car. The aches and pains are, just as the doctor said and others here have said, slowly but surely surfacing in places they weren't the day before. Thank you everyone!!!

[Stephanie]

Excellent advice from everyone, especially from Corona and Linda!

I'd ask your insurance agent what to expect, what you will/will not receive and what else you need to do. It sounds as if your insurance company is handling the claim so I would think that you probably will not be hearing from the other person's insurance company. If you chose to go directly through her company, you'd be doing all of the leg work.

[stormraiser]

OH, David. Sorry to hear about the accident. I hope you feel better quickly and get what you deserve out of all of this.

[mf_dolphin]

David, take the advise above! There's no telling what injuries might show up even years later. Let a good lawyer handle this for you. Just remember that only your lawyer has your best interest (and his) at heart.

[vbhoutex]

Our insurance is handling this so far.

My wife and I were discussing all the great advice. If the other insurance company does not contact us by tuesday we will retain an attorney. We are going to anyway. A big problem in the Houston area, which we have run into several times, is the fact that over 50% of the population in this city drives without insurance. Even though the sheriffs deputy said she had insurance, I have my doubts. A reputable firm would have been in contact by now IMO. One other question here. How much do I "divulge" to their insurance? Or do I do it all through an attorney?

[mf_dolphin]

David do it all through an attorney. You should make no statements to their insurance representative without your attorney. Most of us are trusting people by nature but the fact is that the insurance reps work for their companies best interest not yours....

[Lindaloo]

Our insurance is handling this so far.

My wife and I were discussing all the great advice. If the other insurance company does not contact us by tuesday we will retain an attorney. We are going to anyway. A big problem in the Houston area, which we have run into several times, is the fact that over 50% of the population in this city drives without insurance. Even though the sheriffs deputy said she had insurance, I have my doubts. A reputable firm would have been in contact by now IMO. One other question here. How much do I "divulge" to their insurance? Or do I do it all through an attorney?

DO NOT give them any info David. They are only looking out for their insured and not you as a whole. They will want to settle with you as quick as possible to keep you from contacting an attorney. In your case, it does not seem that these people have insurance. And most people in at fault accidents will not even bother to report it to their insurance company. That slows down the process too.

Speaking from experience, Allstate would have made your accident top priority and you would have been contacted the following day whether it be Sunday or Tuesday. I myself have contacted other than our insured that evening. I could also write a check on the spot. Think about that too. My advice is to go ahead and speak with an attorney first thing in the morning. Do not wait until Tuesday.

[StormCrazyIowan]

Wow, sorry to hear about the accident! I will say this: as a passenger in an accident that sent me to the emergency room and 13 chiro appointments with a lot of pain, I didn't hire anyone and they sent me a measly $200..... a few years later when a woman pulled out in front of me and totaled my car, I did hire a lawyer, and my car was paid off and all my chiro bills were paid and I even got $600 for pain and suffering...it definitely makes a difference!! And like everyone said, DO document your pain, see the doctor as often as need be, and take plenty of pictures! And most of all, take care of yourself!

[george_r_1961]

Get a lawyer now! On personal injury cases they work on a contingency basis which means if u lose so do they. So a win is virtually in the bag..but dont make retirement plans just yet. Good luck

[isobar]

So sorry to hear about the accident, David. Sounds like excellent advice from everyone here. You take care of yourself, and I'm praying for a speedy recovery and a fair settlement.