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Even if you feel okay, you should still go to the hospital for a check up because many times the pain and injury for accidents shows up later and you want to ensure that any needed therapy or treatment will be covered. I felt fine at first but then my hip and lower back started aching and the chiropractor really helped to get rid of that pain.
You should consult with a PI attorney whose contingency fee is no more than 33%. They will advise you to see a chiropractor or some other doctor for a few weeks to establish that you were injured and are deserving of a pay out for the pain and injury you suffered. If you have any children, the insurance company should reimburse the cost of all new car seats or any strollers that were in the car during the accident. After you finish the treatment, the PI attorney will submit the medical bill to the insurance company and you may be able to be reimbursed for the money you were not able to earn if you needed time off from work as well.
Not an expert but trying to summarize what happened with us when someone totaled our car while we were in it. Although, the other driver was insured so not sure how it will apply if it is your insurance covering the costs due to the uninsured driver.
Some policies basically require you to sue to get UIM or UM coverage. Hire a lawyer who does it. May end up in a jury trial.
So … I am a PI attorney—exclusively. First question, how much is your UM. Because the answer to your question will change depending on the amount. Low UM can probably be resolved by you without having to pay a contingency fee. Second, if you’re not hurt, why do you think you should recover money? If you have any integrity at all, go through whatever medical treatment you actually need, that you would actually get if no claim existed, and make a claim to your carrier for that treatment and any actual past and anticipated future non-economic damages. If they don’t pay you then, then hire someone for help. Anyone on here suggesting you should exaggerate or inflate your medical bills for profit should reevaluate their priorities. It’s particularly funny coming from the ID lawyers on here. And they say we’re the problem.
This is coming from a sincere place. The way you build a strong personal injury case is from doing the right things from day one. If you have to ask these questions, you probably should hire a PI lawyer you trust.
Do you work a full time job? Will you have time to draft a whole demand letter (and do you even know what a pre-suit PI demand letter entails?), hop on phone calls with the adjuster, negotiate medical expenses, etc.?
Keep in mind that claims adjusters do extensive background searches on the claimants, and by not having a firm rep you, they will likely not negotiate the same with a claimant who just happens to be a lawyer vs a PI law firm. Medical expenses may not be reduced as much as if an atty was requesting/negotiating the reduction. Also - since you’re collecting from your own UM policy, there may be some intricacies on handling these types of claims that only a PI atty really knows how to handle.
Is this atty your friend/colleague? See if they will reduce their fee to 30% and that you will assist in any way you can (I.e. providing any/all requested info and docs promptly and in an organized fashion that makes it easier on your atty, being diligent with your treatment, etc.).
You’re an atty so I’m sure you understand that attys are worthy of their fees, but I’m also sure you feel like you can handle the claim since you are also an atty. But it’s like saying you’ll have your criminal atty brother help you on an immigration matter. We all know that never bodes well.
Just throwing a random # out there - a $30k settlement means at 30%, your atty would get $9k. Is that worth it to you to have this matter completely off your books and you get to enjoy just being a client? Or do you want to handle your own case in an area of law you aren’t familiar with?
My boyfriend handles total loss claims. The best way to handle this is to get yourself checked out at the hospital. They all know the chiro thing is a scam, so that won't help you much. In fact, if you continue to go to treatment, it could slow down their ability to process your medical claim.
Do your own research regarding the value of your car. They generally look at comp sales in your area for the last 3 months or so. They have some discretion when it comes to negotiation. Usually, it is a few thousand dollars if you can provide your own evidence that the car is worth more. Don't factor in the price of after-market parts if you added a fin or spoilers after purchase.
In his experience, attorneys rarely add value to the total offer, so it may not be worth it to hire someone to represent you.
Yikes I read this post again, and must precaution against it even more. Like, it’s completely terrible advice. In fact, it’s literally the opposite of what you should do. But that makes sense, as the advice is coming from someone’s bf who handles total loss claims, aka works for the insurance company and doesn’t want you to get penny.
What state?
What insurance company, if you don’t mind me asking?
But regardless of your answer - hire the PI atty.
To note - it’s not about “I don’t want to sue them.” It’s just like most other matters - the initial stage is not litigation, but it always begins with the “threat” of litigation. Demand letters, cease and desist letters, etc.
It’s the pure “threat” aka “idea” that litigation is a possibility if they don’t attempt to negotiate and resolve in good faith.
Plus, unfortunately, litigators know that sometimes it takes the act of filing the suit to get them to take your claim more seriously. Of course, it depends on our injuries.
But again, only a PI atty will be able to give you the proper advice on how to proceed with your case. I can guarantee that they will demand you seek medical treatment. Why? Because it’s a personal injury claim meaning they need some sort of DAMAGESSSSSSSSS. This includes pain and suffering and all other “non-economical” damages. But do you know how to properly make a claim for these? A PI atty does.
If it’s for the property damage only you should be able to handle this yourself. Though there are lawyers that handle PD on contingency.
If you’re hurt hire a PI firm/lawyer.
For any matter you go to a lawyer or firm for they should reduce your legal fee by ⅓ as a professional courtesy. That’s what we do.
ID attorney here. To echo what has already been said, hire a PI attorney if you are looking to maximize recovery on your UM claim. There is in fact some nuance on PI claims, especially on UM. The PI Attorney should know what types of damages are recoverable in your jurisdiction, they should be able to look at your insurance coverage and see if you have any stacking options within your policies, the PI attorney should have contacts with treaters that you should visit and follow the treaters recommendations to maximize the "medical expenses" side of any claim.
Get an attorney- UM-UIM claims are treated as essentially a contract claim in which the litigant might be bound to arbitrate. Have a history of treatment so go to a doctor.