Anyone know about car accidents, insurance, and can I get paid?

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Mar 18, 2008
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#21
Get an attorney. They will take 30-40%
They will also do everything.
By everything, I mean everything you don't know to do as well as it's pretty clear no one here knows what to do either.

I can tell you, but even with me knowing exactly what to do, I would still get an attorney.

In the meantime, do you have insurance? You need to book with your primary. That's it. He will refer you to a chiro. Don't go. It's just to fill in the gaps. There is clearly nothing wrong with you. You will need to find a specialist willing to work on a court lien.

You need to do a lot of treatment. Given again, there is nothing wrong with you, I don't see anyone seeing you more then 6 or 7 times. Probably just basic back work. At what? $300 a session. You then submit $2k+ worth of bills for reimbursement, plus up to 300% for pain and suffering, at which they will then dispute, based on the precentage of liability and fault they are willing to admit.

There is more to it than that. Just giving you the jist.

tldr - get an attorney.
Very insightful...thank you.
 
May 22, 2006
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#22
They will prob offer 750-2k$ cash for soft tissue injury settlement if you sign a release. Or, you can take the long road and fake a bunch of shit and hope to get more. My opinion is if there is nothing wrong, take the easy dough.


My friend was just in an accident and didn't go to the doctor after, nothing wrong w him. He asked about a settlement, they offer him 750, he said no too much pain for 750 and they upped it to 2k$ and cut him a check that day. Progressive.
I was in an accident a few months ago and have a herniated disc and am in process of treating it now. I will be looking for a bigger settlement but I have to complete physical therapy first. I have no clue how much to expect, maybe 6-8k. More would be better of course.
 
Mar 12, 2006
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#26
I was recently in a similar situation, so let me tell you what I'm going through..

I was rear ended by a woman not paying attention on the highway. My car was totaled, and I was in pain. I went from the scene directly to the hospital. Then in a couple weeks I went to the doctor because of pains. I dislocated a rib, resulting in only soft tissue injury in the accident.

I saw my primary doc, and I saw a physical therapist twice.

I attempted to collect from the insurance company myself at first. WRONG MOVE.

All treatment you receive must be paid by you first, remember that. If your lucky they will pay you back when you decide to settle, plus damages (which would include your inconvenience), and pain and suffering.

You may or may not have a tough time collecting without a lawyer (depends n the insurance company, and the adjuster). I've learned some adjusters have more leeway than others..

I eventually hired an attorney because MY health insurance company contacted me, and notified me that they were going to pursue subrogation from the at fault drivers auto insurance. They told me they were entitled to ALL of the settlement money up until they were reimbursed for my hospital treatment. At this point I realized I was in over my head and hired the attorney.

Sure enough, MY health insurance company put a lien on my potential settlement for $13,000 (The amount they paid out on my behalf). My settlement was around $30,000. After the health insurance took their money, and my attorney took his, I'm left with around $10,000.

I should also note that the at fault driver's insurance tried to settle for $1,500 immediately after I filed my claim. If I would have taken it, MY health insurance could have sued me for the entire $1,500 "settlement".

The fact that you did not seek medical attention immediately after the accident is going to hurt your claim. However, you can still get some money.

Note: Laws differ by state, so your case could be totally different.

ALSO, FILE YOUR CLAIM THROUGH THE AT FAULT PARTY'S INSURANCE, BUT JUST FILE YOUR CLAIM. DO NOT GIVE A RECORDED STATEMENT, AND BE AS VAGUE AS POSSIBLE WITH THEM. THEY WILL USE YOUR WORDS AGAINST YOU. RECAP THE INCIDENT "SHE REAR ENDED ME, I'M NOW IN PAIN."

If your not really hurt, don't run up a huge medical bill with the intention of getting paid. Your attorney will likely encourage you to seek as much treatment as possible because the settlement offer will be related to the amount of medical bills, which he will take his cut off the lump sum. More money in his pocket. You missed the boat on a nice payout by not getting treatment immediately.

If I were you I'd try and settle without an attorney. If they know you're serious, they will offer you money because they will be paying more if you get an attorney. That doesn't mean more money is going to go to you.

Good luck
 
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May 7, 2013
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#27
The insurance industry uses a formula to calculate claim figures, although they won't admit this- a good lawyer knows it. I used to be a licensed insurance agent with appointments in multiple states. A good lawyer is the game changer. Remember, not all lawyers are created equal, even C students who pass the bar end up somewhere.
 
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