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Question
Hello,
I was in an automobile hit from the rear in fall of 2008. The person that hit the rear of my automobile was cited from police as speeding and not given proper driving distance between automobiles. I had MRI's and many X-rays of my body and soft tissue was the major issue spine pain in the middle section. I saw my physician and a chiropractic office for a few months to help with recovery. The person's insurance that caused the accident is requesting I settle the claim and after some negotiations telephonically; they have agreed to pay up to $4K to close the claim against them. I dis ask for more, but they stated due to problems associated with the accident and payment to medical clinics that the price they considered is the maximum they can give. Do I have any options other than the accepting the $4K for pain and suffering and any additional medical treatment I may need? I have considered a lawyer but understand with the heavy court cases and the percentage the lawyer may receive and needing my medical history for a few years back; and the percentage they will gain from the lawsuit, if it's settled for a reasonable amount. Any suggestions please?
Hello,
The first thing I recommend to you is contact an attorney!!!!! If you tell me the state you are located in, I may be able to refer one to you that specializes in this matter. Contact me personal email at robo14@aol.com.
Yes, you may look at the 33% or more the attorney gets for being involved, but this is only if you prevail. If not, you pay nothing. Yes, these claims may take years to settle or go to court, however percentage wise, you will most likely be in better hands with an attorney representing you. The insurance company wants you to sign off on immediate cash, not looking into the future. I won't go into great detail about my crash where 12 years ago I was rear ended by a school bus at 60 mph and why we had to settle for under $100k.
I will tell you I had to pay the lawyer off the top and then had to pay back $40K in medical bills. This was not the lawyers fault and was because of the two experts I hired.
12 years later I can no longer sit, stand, walk for any period of time. My pain threshold with 10 being debilitating is at an average of 8-10.
I am on disability and will not ever again be able to physically work or lead a normal life.
All my injuries were soft tissue with both knees and 9 herniated discs.
The point I am getting at is that this accident could have possibly given you long term problems and if you sign off now, you may be screwed for life.
Don't go at this yourself. It for the insurance companies is leading the lamb to slaughter.
There is now even a firm that may tak before running off and signing anything for the short term.
Robe a piece of tnhe case, but will ofloat youi living expenses called OAISIS. They advertitse on TV.
I wish you luck and please consaider my situ
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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