QuestionI was broad-sided by a county police vehicle last week. We were on a curvy, two-lane road, and he was attempting to overtake 6 vehicles with no siren on (he had just turned his lights on) in a no-passing zone. I did not do anything wrong--I had indicated my turn, and I was not even aware of his lights until a split-second before impact. Anyhow, I have several issues and am wondering whether I need an attorney:
1) Despite my leaving two message to my insurance company last week, they have gone unanswered. I have not spoken to them since the day I started the claim. Also, I had to learn from the auto repair shop today that the ins. is not totalling the car, and repairs are +$10k.
2) I really don't want the car now that it has been involved in a major accident. Has a 3rd party claimant ever been able to sell their auto to the insurance company for the pre-accident value? (I have read your posting on Diminished Value as well.)
3) Since this was a county vehicle, will this fall under a tort law? What does that mean to me?
In addition, I am still unable to fully open my mouth due to pain in my jaw. My back and ribs are still sore as well. I wanted to get your opinion on whether I should contact an attorney based on this info.
Thank you.
AnswerDear Amy,
That accident must have been a real surprise. It sounds like you have a serious injury claim inasmuch as you have multiple injury spots, and one involves your jaw. I cannot tell you whether or not you need an attorney because I do not know if you have the time and ability to settle your own claim. But I will just present information for you and you can see whether or not you feel like tackling this on your own.
First and really important, is to get some idea of who is in charge of the claim for the county, and what the procedures are for filing a claim that can be converted to a lawsuit. The reason I mention this is because governmental claims are a breed apart: they can and do have unusual steps to "perfect" a claim, with time limits, and if one cannot settle the claim and has to sue, those steps truly can be traps for the average person. Person? NO--for the average attorney as well! The law reporters are filled with many examples of attorneys who overlooked one of those steps to perfect a claim and thus had their lawsuit dismissed after the statute of limitations had run.
Now, I know that you are going to resolve this well before your statute of limitations runs, by why don,t you take a little peak at that topic first, just for a reminder? Directory of Legal Information Statute of Limitations for Personal Injury Insurance Claims Motor Vehicle Accidents http://www.settlementcentral.com/page0452.htm
NOTICE the suggestion to get the governmental risk manager's office (or insurance adjuster, if they have insurance) to put down in writing the steps to follow to perfect your claim and the time limits for each of those steps.
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Next, let's deal with the car. In the first place, if dealing with the car is a reason for wanting to get an attorney, watch out. Most of us are in the personal injury business. We know little about car repairs and diminished value claims. Our fees can get pricey when taking on auto body claims, so we do not have any experience there. Some attorneys will tell you that they will look after the car claim just to get your personal injury claim, but then they know little about the collision repair business. Actually, if you think you do have a DV claim, there are a lot of choices of experts who can help you. Just make sure that they are not just an internet office, but that they are close enough to inspect the car.
I have put together a page that is not too well known just yet: it deals with the whole process of getting your car repaired and how to find some good help.
Auto Accident Collision Repair Shops & Insurance Adjuster Relationships Explained in Answers by Doctor Settlement, J.D.-Auto Accident Insurance Claim Expert
http://www.settlementcentral.com/page0456.htm
As for the car itself, I can send you some ideas if you were one who wanted to keep her car and they were going to total it. But you sound like someone who wants them to total your ride, or at least to take it off your hands.
I know it seems like your special car has too many injuries to be safe again, but really, a good collision repair shop can make it safe and all spiffy again. I have had over $29,000 damage in repair costs to my car (three accidents) and it is fine. But that is me.
I do understand that it just does not feel good with that much damage. But one could look at the damage and see how much of it relates to safety issues, such as structural damage and the like. Sheet metal damage is nothing to worry about, so long as you get a shop that will keep the fittings close to factory specs.
There are not too many solutions for you if the repair costs are not enough to warrant totaling the car. Look at that page above for some guidance and think about hiring an expert. She can help you through both the repair process and the DV claim if she is qualified. Just make sure you get parts that are Original Manufacture's Equipment, aka OEM.
I cannot tell whether or not you read an answer I posted or if you went on my site and read the DV stuff, so I am going to reference those pages here. Diminished Value¡XWhat it is and How to Make an Insurance Claim for a Cash Insurance Settlement
http://www.settlementcentral.com/page0455.htm
FAQ: Diminished Value Insurance Claims Explained in Answers by Doctor Settlement, J.D.--Auto Accident Insurance Claim Expert
http://www.settlementcentral.com/page0454.htm
In direct answer to your question regarding the tortfeasor¡¦s carrier buying the car at pre-accident value, that would be a first! No, they are NOT interested in owning your car.
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Next, let's take a second to have a look at your injuries. You NEED TWO THINGS ASAP. First, get your injuries documented by a good medical doctor or a medical specialist, and GET TO A GOOD Temporomandibular Joint Dysfunction (TMD) SPECIALIST.
Yes, we do say that our people do like chiropractic for soft tissue injuries, and yes, you might prefer that treatment as well. But in this case, I would get photos and good solid medical or specialist documentation to start out with because I believe you suffered a pretty hard trauma.
One of the big problem injuries can be the TMD. Sometimes a mere splint appliance can help, but sometimes surgery can be required. I too have had a TMD, and they are no fun.
As to the insurance claim, TMD cases may be hard to prove sometimes if you have stress in your life or nighttime grinding (bruxism). So, be darn CAREFUL NOT TO VOLUNTEER ABOUT ALL OF THE STRESS AT WORK, AT HOME, ETC. That admission will come back to haunt you for sure. She can tell whether or not you have signs of bruxism, but I would not volunteer that, either.
A big part of a successful TMD treatment and insurance claim success is finding a good dentist who has had some experience with the insurance claims process. I would NOT try for a BLIND referral from your own doctor or your own dentist. They likely do not know who is best at TMD (also known as TMJ) FOR AUTO ACCIDNET INSURANCE CLAIMS.
Better you find the dentist and slip the name for the referral to your doctor. You could go online or yellow pages to look for a TMD/TMJ specialist in the area. Then, once you find one, make sure that she has handled auto accident cases before and she knows what to do to make her case stick. This is an art finding the "right" one, because there are some who find a TMJ under every mouth they open, and thus, their reports are worthless to the insurance claim. But you will be able to discern the difference by talking with the staff or office manager. AFTER THAT, you then get the referral from your own doctor or chiropractor. Only you give the doctor the name of the dentist. OK?
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The next thing is to learn about the insurance claims system to see if you want to try to do this yourself. You do not have to make that decision right away, so take some time to check things out. Figure out whether you want to take the time to do this yourself or if you want to pay an attorney to have his secretary do it for you. Yes, I hate to admit it, but most of the work done in these auto insurance claim settlements is done by our staff :-).
Learn how to submit and settle your own personal injury insurance claims¡XDO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm
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
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
