QuestionQUESTION: I'll be very honest with my story coz I need an honest opinion also. I was in a car accident on July 4th, 2007 and I was rear ended. I was on a full stop, have my turn lights on to turn left. I look in my mirros all the time whenever I'm driving. Before I came to a full stop there was this truck that was tailgaiting me and we were on a 25mph public road. When I stopped I saw the vehicle went around me and then the 3rd vehicle was the one who rear-ended me and it was a strong impact. He was driving a Durango and has metal bars in front of his vehicle and that was burried on his vehicle and put a great damage on the back of my car. I, by the way, was driving a 2007 Honda Pilot black, started leasing it this year on april 2007. During the accident the miles on the car was 2600 or less. By the way the vehicle that hit me, the driver is still going to school, and 4th of July he was probably drinking the night before or whatever because when I got out of the car and talked to him, he wasnt wearing any shirt on but just shorts and no shoes and he looked like he wasnt awake yet or his senses werent there during the accident. Ok so he was apologetic that day and we pulled over. Oh and I was wearing seatbelt and my son who was 20 months old was in the back in his car seat during the accident. So we pulled over and there were people in the neighborhood tha saw the accident, some say they just heard it. I called the emergency department and police came and paramedics, During that time the back of my head was in such pain and I was trembling coz of the fear of what happened. This was my first accident. The paramedics asked me if I need to go the ER, i told him no coz it was a holiday and I wanted to spend time with family but that same day I went to the ER myself coz the pain wasnt going away. So the police gave him a ticket coz obviously he wasnt paying attention while driving. I left the scene right away not getting the other persons information and called my insurance company right away and reported the incident. (sorry if my story is not very organize, I'm just going through with what I remember). The doctor in the ER said that I just have a cervical sprain that I'll be sore for a couple of days and just take tylenol or ibuprofen. Anyways, I've going through the symptoms for whiplash - vertigo, neck and back pain, chills, blurriness in the eye, tingling on my fingers and toes. I've been seeing a physical therapist and chriropractor and neurologist. My MRI and Xrays results were negative. I hired a laywer on July 11th 2007 and he said I have a case of soft tissue injury. And here is the big part. I am behind with my bills and will be evicted and will have cars repossessed and I am thinking of filing bunkraptcy for a $5000 bills that I am behind. My lawyer said its too early to tell the value of my claim. At this time I am willing to settle with any amount the other party has to offer and the my dillema is I am willing to settle any amount at this time so I dont loose my house and my car but I dont know how to tell my lawyer about that because he thinks it will take 12 months before we get a settlement out of it and he gets 1/3 out of the settlement. Is it too late to drop him and I'll just handle the claim myself? Am doing the right decision? I'm confused, I need a good advise. Thanks.
ANSWER: Hi Anne,
I would NOT FIRE your lawyer just now. But I would make him agree to make a demand letter within four months. If he will not agree, then you can terminate him right now. Four months is the minimum time necessary for your body to heal to some extent and for your doctors to get a handle on your future care prognosis.
Meantime you need money. Well, if you give up half the value of your claim just to get money to pay bills, then that is an outrageous rate of effective interest you would pay—right?
Guess what: the insurance companies KNOW that accident victims will be short of money and they will offer cheap settlements early on, hoping to screw a hard-up victim out of a fair settlement.
I am also worried that the insurance adjuster will just offer a small sum "for your inconvenience and any aches and pains you might have." DON’T TAKE THEIR MONEY TOO SOON.
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
The best thing for you to do is to make your attorney find you one of those companies that loans money on insurance settlements. You should NOT do this yourself inasmuch as your attorney can vouch for the security of the case in terms of its chances for success. That way the risk is not so much and your interest rates will not be exorbitant.
There are a ton of those “insurance settlement” companies waiting to prey on you, so be sure to do this via your attorney.
I have seen many dozens of my clients suffer as you are, and all I can say is to hold on, because help is on the way. Let your attorney know that you will stay with him ONLY on condition he agrees to sent out your demand letter in four months or so. Otherwise, you may have to terminate the professional services agreement. If it comes to that, be sure to write to me again if there is any penalty clause in that contract requiring you to pay a high fee to get rid of him.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
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QUESTION: Thank you for the answer and getting back to me. By the way I forgot to mention that I did apply for a an advance for claim and I was approved for $1500 which is not enough but I still took it coz I needed the money so badly. By the way is there anyway that I can get a property damage claim and a check to be sent to me? HOw does it work? I had my own insurance do the repair and it cost bout $6000 including my deductible. I wonder if that can be of help for me and then wait for a few months to get a prognosis for my injury or does it go together? (medical, property damage, pain and suffering?.. My lawyer didnt really go over with me the things that are involved with this type of case. And again thank you for the all the help and informations.
AnswerHello again, Anne,
Please accept my sincere apologies for the delay in answering your question. I was not asleep at the switch: rather, I just had to put my beloved Peke dog, Sebastian ahead of all volunteer and other work. He recently developed a swelling and ulceration in his eye, even though he is only four years old. I spent a lot of time taking him in for care and eventually for surgery. Things will work out when they take off the patches. Side note: we should all be amazed at the talent the vets have: they can do any number of tasks, whereas human doctors are pretty limited. Anyway, thought you would like to know that I was not just ignoring you.
Now, on to your question.
You are asking if you can keep the money that the insurance company will pay to compensate for the damages to your vehicle. The answer is YES, IF YOU OWN THE CAR.
If you own the vehicle outright, then insist on getting the money directly paid to you. DO NOT LET THEM include the auto body shop on the check. Ask your attorney to call them if necessary.
If the bank is still the legal owner, then they will want their security to be protected so they will not waive the repairs. The only exceptions I have seen to this are when there is little left owing on the debt and the debtor has made a good record of payments. In that case, you can get the bank to waive part of the repairs if the value of your car as is far exceeds the balance owning on the loan.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
