Auto Insurance Claims/Attorney or Not

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Expert: - 11/17/2009


Question
Greetings, I was in a accident on 9/21/09 and I just completed my Physical therapy and medical evaluations, I have been cleared. I now have my bills and I found out that the other driver who was at fault will be charged as the cause of my injuries I had whiplash and my x-rays prove it. I was wondering if I should try to work it with the insurance company first or like everyone is telling me to get a lawyer. I have heard my insurance company will not give me the best deal the other drivers policy limit is 25,000. I don't want this to drag on for months with them making offers and I send them back can I tell them what I would like to save time.

Answer
An attorney will probably get a larger settlement, but will also charge you between 30% and 50% of the settlement.  Oftentimes the claimant ends up with more money handing the claim themselves.  It depends on how complex the claim is and how competently the claimant can handle it.

Your claim sounds pretty  straight forward.  First you need to determine the value of your claim.  This is a very subjecive thing, and there is no right or wrong answer.  It will inclue th medical bills, lost wages, and an amount for pain, suffering, aggravation, etc.  You basically want to determine what a jury would award you if you filed a lawsuit.  

You can certainly make them an offer, and see what they do.  If they accept, great.  If not, you can negotiate or let an attorney do it.  But it might take the attorney several months to get it done too.  You can probably get it done quicker if you are not too demanding.  And if you file a lawsuit, it will take a very long time.

Auto Insurance Claims

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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