**** I AM NOT LOOKING FOR LEGAL OR MEDICAL ADVICE ****
If you were involved in a car accident, and it was not your fault, would you follow the normal way with insurance companies and file a pain and suffering claim with the other driver’s insurance company? Or, would you say screw that shit and just find yourself a good ambulance chaser?
I normally go through the usual channels when faced with something like that. If there were problems and I thought obtaining counsel was a wise choice, I might do that, but I’m not sure. I don’t think you’d be helping things by hiring one right off the bat, but YMMV.
That is actually my train of thought as well. I prefer to go through the insurance. My sister wants to go to the lawyer. She said I should go with her. She is going to see one who offers free consultations, just to see what s/he will say.
Personally, I think it’s too early anyway. I haven’t even found out yet if my car is totaled or not.
I’m with NinetyWt - don’t go for extra counsel until, and unless, the settlement through your insurance company proves to be unsatisfactory.
Huh, this might prove to be a premature thread. The other guy’s insurance company rep just came to see me. I need to talk to someone else now. I hope this can be taken care of with no lawyers.
Listen to what the other insurer has to say but do not agree to anything in writing until you know exactly what losses you have suffered. Talk to your insurance company and see what their advice is as well - remember that the “guilty” party’s insurance company is not there to solve all your problems, they are there to make any claims go away for as little as possible. Do not assume that they are on your side!
Document everything (keep notes of calls, conversations, etc. including dates).
I had a minor fender-bender 18 months ago (somebody smashed into stopped traffic) and I am still waiting for the final settlement.
I worked in insurance claims for a number of years. My general feeling is that an attorney is rarely needed. Remember that they will take somewhere between 1/3 and half of the settlement for their fees. If the company offers you 10k and the attorney then negotiates 14k, you’ve actually come out behind.
You don’t say, but are you in fact injured?
Unfortunately, I have spent most of the last 5 days suffering from major panic attacks. My brain has not been very on task. This was the first time I talked to someone from the other insurance company. They don’t even know the extent of my injuries, or my sisters injuries.
Since all the work so far has involved my own insurance company, and mostly the medical stuff (which I can’t go after him for anyway), I will start keeping notes starting with my first enemy visit today. 
I am, as is my sister. But I wasn’t sure if it would be wise to talk about it here. If you want to know details, send me an email.
So far, you are all reassuring me that lawyers are not necessary at this point. I’m hoping I can convince my sister of that.
That’s cool. Not expecting details, but I wasn’t clear from the OP if there were actual injuries. I handled auto insurance claims for a long time and dealt with way too many people that filed injury claims when there wasn’t even an injury. My favorite was a guy I asked if he was injured. He replied “That depends on how you handle my claim.”
In my experience, attorneys are only needed in severe cases. (IE, broken bones, severe internal injuries, death, etc) For minor claims, I see it as throwing away money.
And that’s what I’ve been trying to explain to my sister.
Thanks for all your opinions. You’ve all helped me to have more faith in my decision to avoid a lawyer if I can.
Also, the procedures are going to vary by state. In NJ, for example, you cannot get “pain and suffering” without something like a broken bone – not just whiplash, for example. In my experience here (I’ve had a number of accidents that were definitely 100% someone else’s fault), you collect first from your own insurance company, who may then go after the other party’s insurance to recoup their payments. If they get more than they paid out, they will send it to you through a process that I believe is called “abrogation.” If after all of that you are still not fully compensated for your trouble, you MAY sue through your own private lawyer, who will as previously stated get a portion of any funds acquired through his/her efforts.
An attorney can help you avoid screwing up your claim by saying something you shouldn’t. Sometimes this can be important. OTOH, you’ll probably pay 1/3 or more of whatever you get to the lawyer.
Know your statute of limitation
See a doctor asap and anyone else your doctor recommends
Do not lie to people
Follow your doctor’s advice
Get copies of all medical records and bills - even if you are not paying those bills out of your own pocket
Do not settle any personal injury claim until your injuries resolve or stabilize to the point your doctor can provide a reasonably good prognosis. Do not settle if you are still treating for injuries, even if you have to file a lawsuit in the interim simply to avoid blowing the statute of limitation
You may not need a lawyer if you can get a good settlement yourself, but you should have a good idea of what you are doing or signing
A lawyer can sometimes get your settlement amount up high enough to pay the lawyer and then some, leaving more for you that you might not get if you did not have a lawyer … sometimes not
Get any info you can on the adverse driver(s) and witnesses
Keep everything together in a file folder
Get the police report, if any
I am not a lawyer.
I would hire one on these occasions if:
Now that I’ve looked up recalcitrant, so far this is not the case. The other guy didn’t seem to have any qualms about telling people that it was his fault. He never once tried to blame it on me. The State cop said it wasn’t my fault. His reps didn’t come right out and say it but I got the impression that they know this is their responsibility. I don’t see how they can become recalcitrant at this point (cool, I’ve got a new word.)
I don’t know what your idea of a lot of money is but in my world, a lot of money is $1000. Somehow, I don’t think that’s what you’re referring to. Regardless, I don’t think a lot of money is going to be involved.
You may or may not want a lawyer, but if the case is small enough, a lawyer might not want you.
yeah, actually my sister called one. He said that since NY is a no fault state, people can only sue in cases of broken bones, hernias, death, stuff like that. But he also told her to go with the pain and suffering route.