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Goner Message Board / ???? / Hiring a lawyer?
Posted: Apr 2, 2007 9:36 pm
 
It has been over two weeks since I got into a car wreck that was not my fault. I have provided the insurance company with the police report, and witness accounts yet they still say that they cannot confirm that their client is at fault. I have no idea what to do, so I was thinking about hiring a lawyer, I don't want one of those ones that has an 800 number or anything, so what kind should I look up?
Posted: Apr 2, 2007 9:57 pm
 
why won't your insurance company do anything?
Posted: Apr 2, 2007 10:06 pm
 
It wasn't my fault, so the claim is not on me, but the other guy. We both go through the same insurance company Geico, but I call them every other day and all they tell me is that my report and the police report conflict with what the other guy is saying. I don't see why it matters what he says because the police report clearly identifies him to be at fault, but when I tell them this they just say there is nothing they can do about it.
All I want is for them to fix my car and pay for me to go to the doctor to get my back checked out, I had major surgery when I was 15 that put a metal rod in my back so I want to make sure it is ok.
Posted: Apr 2, 2007 10:18 pm
 
Inform your Insurance company that you will not only hire a lawyer to sue the person at fault, but to sue Geico as well for not fulfilling their contractual obligation to you......never trust insurance companies.....or cavemen......
Posted: Apr 2, 2007 10:19 pm
 
but lizards are ok? right?
Posted: Apr 2, 2007 10:36 pm
 
go to the doctor asap. get a good lawyer who specializes in personal injury lawsuits. i was a passenger in an accident about a year ago and its important that you go see a doctor right away, tell them its part of a personal injury suit and they wont charge you right away for it. i ended up having all my expenses paid for and a decent pile of cash on top of it. id say you almost have to get a lawyer, you cant trust an insurance company to have your best interests in mind.
Posted: Apr 2, 2007 11:17 pm
 
in order for anyone to help you, you need to provide the following information:
what city/state do you live in?
what city/state did the accident occur?
what city/state are you insured in?
(sounds redundant, but often, these are not the same)

don't even try to sue an insurance company. don't even threaten; they'll laugh at you and so will any lawyer you want to retain.

from the sounds of it, you probably do NOT have insurance in a state w/ no-fault insurance.

best way to find a lawyer is contacting your local bar association and getting names of lawyers of firms who handle traffic accident matters. personal injury is a whole other ball of wax

were you hurt, or is the only damage the damage done to your car?
what kind of accident was it?
you may indeed have personal injuries that you could be entitled compensation for, but seeing as you and the other driver have the same insurer, you should not risk trying any sleight of hand.
Posted: Apr 2, 2007 11:23 pm
 
i got my lawyers name out of the phone book and he sued not only the other drivers insurance but also the insurance company of the driver of the car i was in. it didnt even have to go to court and i got a nice settlement.
Posted: Apr 2, 2007 11:25 pm
 
also, you dont have to even pay a lawyer, you can get one to take their fee out of the settlement, and if they dont win you dont have to pay them anything.
Posted: Apr 2, 2007 11:33 pm
 
I don't think I have any injuries, but I still have a medical condition. I have a metal rod fused to my spine due to a bad case of scoliosis as a kid. I just want to get it x-rayed to make sure it is fine. It was here in Austin and the guy slammed me from behind while I was driving down the interstate.
My insurance policy has nothing to do with it, since I was not the one at fault, however despite police reports and witness accounts, they are still saying something to the effect of "your description of what happens conflicts with what our client says". This is the only time I have been in an accident where the other person did not just fess up.
I hate driving, if I ever get rich somehow I am definetly going to be one of those assholes who has a driver who drives him everywhere. Even just typing this is pissing me off at the insurance company, fuck I neeed a beer.
Posted: Apr 2, 2007 11:40 pm
 
Were they charged with inattentive driving? If they were, then it doesn't matter what they say. It's like a convicted murderer saying they're innocent, it doesn't mean shit. Sounds like yer insurance company is fucking you around. My sister just got fucked by her insurance company because of some asshole semi driver that ran her off the road and tried fleeing the scene. Boy is he gonna regret that when he realizes that not everyone relies on the police and courts to deal with their problems. Unfortunately I don't think you can get the names and addresses of your insurance agents. It's too bad too, people who choose to work for insurance companies are the same as cops in my eyes and should be dealt with the same way as cops should.
Posted: Apr 3, 2007 12:11 am
 
insurance companies suck ass. i'm so sick of dealing with them. seriously. they tried to give me such a small amount of money for my car and i couldn't even buy a car with what they were offering me. i don't know what the statute of limitations is on something like that. you may want to act as soon as possible with a lawyer. just call one that specializes in personal injury to get your medical stuff taken care of and also have them handle the stuff. don't bother talking to the insurance company yourself anymore. if the police say one thing, i would certainly say that their client has no evidence. if the insurance doesn't pay, you can go after the individual. hire an attorney and get that shit taken care of.
Posted: Apr 3, 2007 12:27 am
 
yeah, dont talk to the insurance company at all anymore until you get a lawyer
Posted: Apr 3, 2007 12:45 am
 
also, you dont have to even pay a lawyer, you can get one to take their fee out of the settlement, and if they dont win you dont have to pay them anything.

this is called "contingency"
the lawyer gets a percentage of the monetary award - which is normally about 30-35%
there is an incentive for the lawyer, as they don't get paid unless they win --- on the other hand... you will find more than your fair share of ambulance chasers here too.

also Davie, i'm not sure you understand what i mean by "no fault insurance' - but its moot because you're in texas and it is not a no fault insurance state, so don't even think about it

you have civil recourse against the other driver regardless of what happens in the insurance claim.

you can peruse newspaper ads, the yellow pages, etc for a lawyer and then look them up in the martindale-hubble, which is a resource directory that publishes all sorts of info on lawyers - their firms, their education, etc.

http://www.martindale.com/

i worked in the legal dept. of fireman's fund insurance doing insurance defense. the insurance companies have tons of lawyers on staff making sure they pay out as little as legally possible.

get a lawyer, present the facts and documents. a good, honest lawyer will tell you whether or not they can help you - and you should not have to pay a fee to talk to a lawyer when you are finding out whether or not you are going to hire them
Posted: Apr 3, 2007 12:48 am
 
http://www.martindale.com/


That had absolutely nothing to do with my boy, Wink.
Posted: Apr 3, 2007 12:51 am
 
i say get a lawyer who works on contingency because if they dont think theyre going to win theyre not gonna waste their time taking the case.
Posted: Apr 3, 2007 3:36 am
 
NEVER DEAL with a car accident claim by yourself unless you absolutely must, insurance companies are the biggest whore racketeer motherfuckers out there. They will say anything to not pay a claim, as that is directly how they generate profit. You are a perfect catch for them, too small a claim to get a lawyer and big enough claim for them to steal and add to their pile. They are so highly regulated that they can only screw around with rates but so much, so its deny, deny, deny. Also, take martindale.com with a grain of salt. Ask around, people get into car accidents all the time. Also, what to do, and where to go can depend on where you are. What city and state are you in? Doesn't matter that you have the same insurer, fuck them and get some new insurance, too. Were they charged with inattentive driving? If they were, then it doesn't matter what they say. It's like a convicted murderer saying they're innocent, it doesn't mean shit.
Were they charged with inattentive driving? If they were, then it doesn't matter what they say. It's like a convicted murderer saying they're innocent, it doesn't mean shit.
THis is wrong, if they plead "guilty" to a traffic crime or infraction that is an admission, and a conviction is also useful, but a charge is not necessarily. In fact, here in NC the state will often dismiss charges from accidents once they can determine that the at fault party has insurance. It is a matter of enforcing that, as the criminal DAs contend that these are civil matters. I venture to guess that I am the only one on here who is a lawyer who does these types of claims, so I'll be happy to try to point you in the right direction. Another thing, each state is different so all I could do is point you, and that is to the Dr and to a lawyer's office. Also, in NC you can always sue in small claims court for property damage under 5K so you may want to talk to someone at the courthouse about small claims court if all else fails. Also, find out the contact info for the insurance commissioner and make a complaint and send in your accident report, don't go into any details in writing b/c you may make statements against interest.
Posted: Apr 3, 2007 4:25 am
 
martindale.com and one's local bar association are simply ways for lay people to figure out what kind of law an attorney practices - especially if they are doing research in the middle of the night (which is the only time i have to do such things; i can't be the only one w/ this kind of schedule). be aware that lawyers specialize not only in certain areas - but on certain SIDES -

if you have not dealt w/ lawyers before, you should know that for example, lawyers whose practice is real estate divvy up into: pro-landlord, pro-tenant, commercial, residential, etc. etc. the same will apply to drivers - there are lawyers who specialize in defending drunk drivers and lawyers who specialize in being drunk driver victim's advocates

so - if you are looking to pursue a claim where you feel you are being dicked around by an insurance company, you will need to ascertain if the lawyer you're dealing with specializes in this field. that's where your bar association and martindale.com will help you narrow down your field.

but YES, ask people who have been in your situation in your town. get recommendations.


ALSO - carefully read your policy and see what is EXCLUDED as well as covered. some clauses totally contradict others.

when i was practicing insurance defense, we relied on the intential obfuscation of policies to say "no" to people and to their lawyers. you'd be surprised at what tiny little thing negates what coverage you think you had
. even though i was in insurance law 28 years ago, and just for a short period of time... the fact remains, the insurers do not want to pay you. they will make you work really hard to get $$.

It was here in Austin and the guy slammed me from behind while I was driving down the interstate.

this concerns me. you were rear-ended on the interstate? you have a police report. was the other driver ticketed? was he/she drunk? what were the traffic conditions like? did he/she allege you slammed on your brakes and caused them to unavoidably slam you?

again... not enough facts to give you real advice - but DO find a lawyer who practices insurance claims for victims of accidents and shop around. they cannot charge you for the appointment where they sell themselves and their services to you.

before you do this, find out the contact info for the insurance commissioner and make a complaint and send in your accident report

make sure that you are not jumping the gun in terms of the clock -- there is a window of time in which the insurance co. is given to investigate and respond. make sure you know what that window is and make sure you don't file a complaint before the window is closed.

FINALLY -- there are doctors who will also see accident victims on contingency. you CAN sue civilly for your personal injuries, even if you have a pre-existing condition, the accident will have exacerbated it OR caused new damage, etc. if you were rear-ended, a doctor will know exactly what to write on your medical file to make sure you get compensated, so do not neglect to mention that you were rear-ended. i believe in texas you have 2 years from the occurence to file a personal injury lawsuit -- so you have time to shop around for that part
Posted: Apr 3, 2007 4:37 am
 
Ok thanks, like I said I feel slight pain from time to time, but I think it is probably normal for my condition, all I want the insurance company to pay for is a check-up, I'm not out to get rich or anything.
How long do they have to investigate? It has been two weeks and they haven't even given me a rental car. Can I rent a car myself and get them to reimburse me for the charges?
Posted: Apr 3, 2007 4:44 am
 
How long do they have to investigate? It has been two weeks and they haven't even given me a rental car. Can I rent a car myself and get them to reimburse me for the charges?

the answers to that OUGHT to be in your policy and you should ask your agent. i can go look up texas insurance info but not tonight... s l o w connection here
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