No Lawyer-will try to settle myself-help

[silentfaith]

Was hit from behind and really did hurt my neck and shoulder. Still getting medical help 2 months now but constant headaches. All test show something but nothing major. Husband has been keeping a journal on my injury. Haven't even spoke with insurance yet because of trying to heal.
Way too many lawyer advertisements on tv to the point where I do not want anything to do with them. Any advice as to how to settle on my own?

[Rustward]

So sorry to hear this faith. I never gave this much thought, but I think I would start with my insurance company.

Do you have any witnesses, the other driver's information, police report?

[wanaberetiree]

Best way - get a lawyer. I tried that and I could not even find out insurance policy limits (in CA) ... Insurance company will not talk to you same way they talk with lawyers.

[silentfaith]

Oh,yes have all the reports and because Florida is a no fault state and the guilty driver did not have much insurance I have to go after my own insurance company. Just need tips to get the most from them.

[bld999]

[QUOTE=silentfaith;1413959]Oh,yes have all the reports and because Florida is a no fault state and the guilty driver did not have much insurance I have to go after my own insurance company. Just need tips to get the most from them.[/QUOTE

Having the option of suing the ins company is the best tool in the box. Yes, lawyers can be a pain in the a$$, but they know how to make the shots count. Finding a good, experienced one takes some time and patience. Ask around.

[Rustward]

Oh, it never occurred to me that you might be in a no fault state. No fault insurance is scary. Wish I could make a suggestion, but unfortunately I can't. Hope it goes well for you.

[Texas Proud]

First, we are not a no fault state so comments might not apply...

I have talked to a few people who were injured in an accident... all said that medical bills were paid and pain and suffering was about 3X that amount...


If you have some major problem (does not seem like it), then you better get a lawyer... one other one that I heard about was a neighbor of a friend... she was a wife of someone who was killed... she received millions and stopped working..

[Walt34]

Despite the perception of the legal system and it's fault, there are times when hiring a lawyer is going to get the best results for you even after paying their fees.

This is one of them. You really need a lawyer.

[SteveL]

Just FYI:
Damages are of two types, and what one can collect is based on a formula of sorts.
Type one damages, are actual financial losses:
Medical bills, lost wages, etc.
Type two damages are non-monetary; for example pain, suffering, disfigurement, etc.

Generally, one can collect 3 to 4 times the actual damages in the form of payments for type two damages.

Each state has a period of time after an accident during which one can file suit to collect damages.

If the other party who caused the accident does not have insurance, they you must rely on your own Uninsured Motorist coverage.

Because your medical tests show nothing major, you will find it difficult to collect big bucks.

[MRG]

I've used an attorney before, as the insurance company refused to deal with me. Probably a tactic on their part. I believe the standard is 3x out of pocket costs, lost wages, medical bills etc. Oh, the attorney took 1/3

Another time I did it on my own. The primary reason was Megacorp was self insured, they wanted to recover the medical bills. So no lawsuit nothing to recover. Probably got off a little better on my own given the insurance.

Don't sign anything till you figure out the headaches. I spent 3 1/2 years with a severe cluster headache that just got better. If the headache turns out to be problematic, I would involve an attorney.
Best wishes,
MRG

[mystang52]

The "3x medical" is far and away NOT automatic. Many factors play into the General Damages. While you could get a settlement without an attorney, I strongly suggest you get one. There are simply too many ways you can cheat yourself by doing this on your own.

[Bestwifeever]

DD was injured with broken thumb and collar bone as a passenger. Drivers insurance took over medical bills from our health insurance. OP's health insurer might coordinate with this automatically once they find out the injuries were the result of an accident. DD was offered $10k to sign off on the claim once all bills were paid. We and she did not care about it as her injuries were healed and not likely to need any treatment down the road, so did not negotiate or retain a lawyer.

In DD's case our health insurance sent the bills on to the driver's insurance company--the OP I think would have to reimburse her health insurance for anything the HI paid if there is a settlement from the OP's car insurance?

[jerome len]

Get a lawyer! You really need professional help.

[Bestwifeever]

Here is an interesting matter of fact summary of how Florida's no fault insurance coverage works, from an attorney website (probably one of those advertising on tv):

Florida PIP Insurance Lawyers | Car Accident Help | Morgan & Morgan

Quote:

Limits on No-Fault Insurance: No-fault insurance pays benefits, after any applicable deductibles, in the amount of: 80% of medical bills, including out-of-pocket prescription costs, dental expenses, and rehabilitative services 60% of lost wages $5,000 worth of death benefits, which are in addition to the medical and disability benefits provided under the policy Mileage reimbursement to and from your doctor Emergency Medical Condition: In addition, if you do not have an “emergency medical condition,” you will not be able to receive more than $2,500 in benefits. Florida law defines “emergency medical condition” as a medical condition that requires immediate medical attention and could reasonably be expected to result in serious jeopardy to the patient’s health.

Good luck.

[eytonxav]

I assume you have underinsured motorist coverage from your own insurance company? You should be able to get something from both the other drivers insurance as well as your own. Normally, I would expect your insurance company to look into what assets the other driver might have if they were un or under insured. Documentation of your injuries and after effects is everything. Be very careful of answering questions from either insurance company so as not to minimize the extent of your injuries.

I handled my son's case when he was severely injured in an auto accident and recovered the full limit from the other party's insurance and the full limit of my underinsured motorist coverage, plus I negotiated the medical costs with my healthcare insurance company as they will want to recover their costs from any settlement you get. Attorney's will generally want ~ 1/3 of the settlement to represent you. It would be very difficult (if not impossible) to go after the other parties assets beyond their insurance without an attorney. Since I had pretty substantial coverage on my policy, I decided to handle myself. All I can say is it was a great deal of work and took a lot of time and follow-up and pressure from me. I suspect most folks would be better served hiring a reputable attorney (not an ambulance chaser).

[ls99]

Your insurance company's interest is NOT your well being or just compensation. It is to minimize their exposure.

Get a lawyer!

[marko]

Quote:

Originally Posted by ls99 Your insurance company's interest is NOT your well being or just compensation. It is to minimize their exposure. Get a lawyer!

+1
What s/he said.