Personal Injury Law (Accidents/Slip & Fall)/Auto crash question
QUESTION: My husband and I were hit head on in a high speed crash in March by a driver running a red light. The car was demolished and we were brought to the hospital by ambulance. Injuries were chest contusions, neck and back pain and I just now found out my back pain is due to a herniated disc very likely caused by the crash. The other driver was 100% at fault. Our insurance has paid out Medpay (we are in Colorado). I am still going to physical therapy. It is like pulling teeth to try to get any information out of the at fault drivers insurance company. Each time we call, it is like we have to start from the beginning. My questions are: 1) would hiring an attorney facilitate the process of getting paid for the medical bills? Or at least having a more transparent dialogue with the insurance company? No one was killed or lost a limb, but this was very disruptive to our lives as far as continuing pain, etc. 2) How long does this process of settlement take? and finally, 3) Is it worth hiring an attorney who will take probably 33% of any settlement for what seems to me should be a simple case ? One more question, are pain and suffering damages paid in a case like this? Our insurance company has been less than helpful answering any questions. Thank you!
ANSWER: It is like pulling teeth to try to get any information out of the at fault drivers insurance company. Each time we call, it is like we have to start from the beginning.
Yes, insurance companies almost always play games on this. An attorney would write them and ask that they get their insured's permission to release policy limit info and give them only 10 days or so to do so otherwise he would file.
1) would hiring an attorney facilitate the process of getting paid for the medical bills? Or at least having a more transparent dialogue with the insurance company?
The at fault party's insurance will certainly take the case more seriously if it's a "Good" attorney. If it's an attorney who is not so good, they will ignore him or her as well.
Do you have health insurance? They should be paying the medical bills to date. If you do not, the only recourse is the medpay coverage you have on your own policy or a lien.
Is it worth hiring an attorney who will take probably 33% of any settlement for what seems to me should be a simple case ?
That depends. I would need to hear a lot more about what damages you have on your case. If you have a herniation and need surgery you definitely need an attorney if the third party policy or your own underinsured motorist policy is large enough.
There are ways to handle this if the third party policy is small where you would not need to pay 1/3
One more question, are pain and suffering damages paid in a case like this?
I know some excellent attorney's in Colorado. I can explain more about the best way to go if you give me a call at Eight Hundred 404 Five FOur Zero Zero.
Law Office of Ed Smith
Sacramento, CA 95815
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QUESTION: Thank you for your quick response, sir. I did try calling your office, but could not get through, as person who answered the phone did not seem to understand why I was calling. In any case, I am in a small town in southern Colorado so I think that will try to find a local personal injury attorney here. If you have any suggestions, perhaps it is possible to email to me directly. Thanks again.
I'll be in in another hour at 4:15 Pm PAcific. Please call me at the number above. Hiring a local personal injury lawyer is a big mistake. I want to know a lot more about your case so I can figure who to refer you to..
Maria, you call me NOW on my cell
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