# Settling an insurance claim... hire attorney or not?

**URL:** <https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633>\
**Category:** In My Humble Opinion\
**Created:** [March 9, 2006, 3:16am UTC](https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633 "2006-03-09T03:16:08Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Mrs\_Johnson](https://avatars.discourse-cdn.com/v4/letter/m/7cd45c/32.png) [@Mrs\_Johnson](https://boards.straightdope.com/u/Mrs_Johnson)\
**Post date:** [March 9, 2006, 3:16am UTC](https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633/1 "2006-03-09T03:16:08Z")

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I’ll try to keep it short…

I was a passenger in a rear end collision with a friend a while back. Minimal damage to the cars, but because I was sitting with my body turned toward the driver (we were talking while stopped at a red light) my neck and shoulder were injured. I had constant headaches and pain so I began treatment with a chiropractor. Unfortunately the first chiropractor passed away, so I switched to another. It took quite a while but things are back in place and I’m no longer in pain.  
Now it’s time to settle out with the insurance company.  
Is it necessary to hire an attorney? It wasn’t my car… so I didn’t lose anything in the money area.  
Is there a typical amount they usual settle? A percentage? I’m not greedy but I don’t want to get a low-ball settlement either.

Any thoughts/advice? Or is this best left for a lawyer to figure out.

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**Author:** ![AuntiePam](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@AuntiePam](https://boards.straightdope.com/u/AuntiePam)\
**Post date:** [March 9, 2006, 4:09am UTC](https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633/2 "2006-03-09T04:09:14Z")

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I worked for personal injury lawyers some years ago. If I remember right, we’d add up the damages – medical bills, property loss, travel to and from medical appointments, time lost from work, etc. – and then triple it. That was the starting point for negotiations.

You’re in as good a shape now as you were before the accident? That’s good to hear. My son was rear-ended twice, years ago, and he still has problems with his back and neck.

Maybe what you could do is listen to the insurance company’s offer, and if it doesn’t seem fair, then see a lawyer.

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**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\
**Post date:** [March 9, 2006, 2:40pm UTC](https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633/3 "2006-03-09T14:40:47Z")

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Realize that most attorneys will that 30% of your settlement, along with myriad fees. It will also take a lot longer-- I was struck in a rear-end collision almost four year ago now, and the damn thing still isn’t settled.

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**Author:** ![Mrs\_Johnson](https://avatars.discourse-cdn.com/v4/letter/m/7cd45c/32.png) [@Mrs\_Johnson](https://boards.straightdope.com/u/Mrs_Johnson)\
**Post date:** [March 9, 2006, 11:28pm UTC](https://boards.straightdope.com/t/settling-an-insurance-claim-hire-attorney-or-not/347633/4 "2006-03-09T23:28:15Z")

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Hmm. Thanks for that info. My mom mentioned that as well (the total of the bills x3) - they’re starting offer is WAY lower than the bill’s totals.

Do the large nationally known companies (specifically Progressive) tend to be more difficult to deal with?

Any other experiences?