QuestionI was rear~ended.Officer gave a citation to the lady for following to close.I saw a deer ahead,tapped the brakes and then slammed on brakes as the deer was on the hood of my car.Split sec later~ rear ended.My ins Co took care of front end of $3,000 Her insurance only wants to take 50% of the $7,000 damage to back end. Small claims max is $2,500..1.Do I need a lawyer 2.Can I file a civil suit on my own? The offer was over the phone.3.should I send a demand settlement letter? 4.Should I file a complaint w/insurance w/stateof Mo.dept of insur?? It has been 5 weeks since wreck,they were waitng on police report.I have serious injuries and wont even be released for at least another 2 mos.Med bills are already at 10,000 + Wanted to avoid a lawyer if possible.Any suggestions if this happened to you.
Answer1. I believe consulting with an attorney is very important.
2. Yes you can, you could file pro se , but again, legal advice is strongly suggested.
3. Only if you think they will change their position. You lose nothing by doing it, but you know it could only be a waste of time.
4. You need a lawyer. You file a lawsuit against the person who hit you.
I believe that 50% of your rear end damage is pushing it. You could not avoid the deer and this was an emergency. They had an absolute duty to conserve their distance. I really cannot follow the insurance company reasoning here.
You have injuries that could be worth something. Talk to an attorney about this. We suggest you read the pages here:
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html
Also, consider reading this eBook if you are serious about not getting a lawyer:
http://www.settleyourowninjuryclaim.com/
Good Luck
Anne,
http://www.quirogalawoffice.com/
