soltino

This point is probably moot in this case but please be careful in what you post in a public Forum as it may come back to bite you; especially in a High Dollar litigation.

tino

JE928Sx4.

I haven't posted anything that I wouldn't say in court with my hand on abible. I lost a great car and was hurt to boot. I'm not looking to get rich, just get myself back to where I was before the idiot plowed into my rear.

1981 Shark

JE,

Is your insurance company doing anything to assist you? If your agent is worth his salt, he should be willing to advise you during this process.

-dmk

Red UFO

My insurance 'progressive' says they wouldn't do anything after a accident unless I pay the deductible first, then if I 'win' I'll get it back. Even with full coverage after your hit, its up to you to deal with the other insurance company.

The only way they get involved is, if you hit the other guy and they are forced to payout. They are a bunch of SOB, and screwed me over when a lady hit my truck then lied to the insurance company about her testimony. I cused out progressive really, really good. That was my only payment in the end was cussin'

JE928Sx4.

Nada. I only had liability for that car. I've never been in an accident in 25 years of driving til the bitch slammed into me. I can buy a nice S4 for the money I've saved on that.

They want to give me about $6K total foir the car if I keep it or not. TIME FOR A LAWSUIT!!!!

Ron_H

JE:

Please don't take this as personal or in any way meant to insult you. I have walked the road you are about to walk. Please listen to Tino, and please be prepared for abandoning all belief in righteousness and truth and honesty and honor. The system is adversarial and amoral. Being right won't insure a win for you. Once you decide to step into that legal arena, you will be accused of being the most dastardly and perverted animal on the planet. Your own attorney will try to convince you not to fight, but to settle. You must not trust anyone alive but yourself. Your own insurance company won't remember your name. You will find your financial resources taxed unless you have unlimited funds, for the system can be manipulated to drag the process out for months or years at your expense. I am not saying not to do it, for it IS righteous. Just be prepared for a fight and some hurt. And be prepared to lose, because you might, despite all standards of decency. Remember that insurance companies cannot lose; it is impossible for them to lose in the end because then everyone would not have access to insurance. All they need to do is raise everyone's rates if they lose more money than they take in and they can raise them because they can't go out of business. They will spend outrageous sums of money to beat you to set an example, and pass it on to everyone else. They will pay the most evil people to attack everything about you. They will accuse you of things that will make you want to punch them out on the spot and you will hate like you haven't hated before. You are right and that is anathema to them and they will throw everything at you they can.

With that being said, give 'em hell !!!

docmirror

JE,

I've hesitated getting involved with the discussion so far, but I think I should set your expectation before you sue the insurance company. Now that you've talked with them, the adjusters, and the claims folks, you have a file open with their insurer. Everything you've discussed has notes in the file, while it may not be verbatim, you can be assured it will be slanted toward their company, and not your view of the situation.

Basically, your losses aren't enough to interest a mouthpiece on a contingent basis. Even if you win, some day way in the future, and are awarded treble damages(Very unlikely), the total will still be about $30-35k. Then, 33% of that (or more) will go to the mouthpiece, which is only about $10k. And this is a high end estimate. If you were in a hospital, with tubes coming out of your body, missing work @ $200/day, supporting 6 kids, and in constant pain, you might have a good chance at getting a lawyer to take it. So, that means you are paying by the hour for your lawyer to haggle with their staff of lawyers. There's no shortage of lawyers in your area, but a decent one will charge $200-250/hr for non-court, and higher for court time. It would be easy with discovery, motions, delays, and trial to spend $10,000 on fees before you get a verdict.

Then, you get to try to collect. Yet more delays, more fees, etc. The insurance company will then offer to "negotiated setlement", after having lost in court. Who know's what you'll get? I tried this about nine years ago, and the two guys that listened to me told me, "you didn't get hurt enough, your car value is determined by a third party estimator and isn't subject to much wiggle, and the insurer will grind you until you quit". Both were willing to take the case, for a retainer of $2000 minimum, and an expectation of triple that to take it all the way.

Sorry, but it's a real hassle. Next time I get hit, I'm not talking to ANYONE without a badge on. Anyone can talk to my lawyer. You're beyond that point now.....

Red UFO

Then file a civil suit against the woman to make up the rest.

Ron_H

Doc's experience is about right; the attorney will want money up front with no guarantee of a win. Guess who gets to pay for the jury? Guess who doesn't give a hoot about you? If you guessed your attorney, you are correct. Mine forgot to file some papers on time and jeopardized my entire case which I had worked to build for 2 years. I couldn't present my expert witnesses in court because of his ineptness, which he could have remedied by filing a motion for relief due to excuseable neglect. I was the one who told him to do that, and he put that off until it was too late. *****. And we were "personal friends". Sheesh!!! And I don't want to tell you how much I had already paid him. I should have known because he was a former prosecutor.

As I said before, I have some dolls and some pins in my drawer and....well, you can figure the rest. It may not put me whole, but it helps me to sleep at night.

JE928Sx4.

Already have a line on a lawyer that will take it. He wins, and no $$$$ up front. I can wait. Besides, they know what it will take to settle. They know they will loose.

I have the adjuster on a phone message to me saying that If I was insured with them they WOULD pay the full value and not based on a salvage title. But since I'm not with them, I'm screwed. Time for a law suit.

JE928Sx4.

The bad thing is it might put the kebash on getting this baby.

soltino

Not sure you would want to say this in a Court of Law:

"...So I have no idea what $$ amount they are going to try to settle with me for. I'm guessing I'll be going for the make-up on the medical. This may take some time."

Even with the Smiley at the end this could be interpreted against you.

You have posted the above more than once, and without the Smiley. (-%

Probably not too likely in this case but if 100Ks were involved you would already have a Lawyer who would advise you not to post in this way, and most likely you would not, even without that advice.


tino

goliver

By making up on the amount with the medical i'm sure JE meant as I did when I posted that I/he would do w/o treatment to be able to get the car back in order and just live with the pain.

Regards,

soltino

A Lawyer would then ask; why would you not seek appropriate medical treatment when that would be paid for by her insurance, and would be reflected in any Pain and Suffering Award?

tino

goliver

The best remedy for the "pain" (in this case severe emotional distress at losing a valued Porsche that the insurance bastards undervalued) is repairning/replacement of the vehicle.