I can guarantee you, Greg, that you had the wrong attorney. Find a solid attorney who will charge by the hour. You do not have to get a personal injury attorney.

I'm sorry, though, if they are trying to get the extra statements, they are definitely trying to get out of paying you, or trying to force your own insurance to pay for your damages (which could make your rates go up). Sure you might get lucky if you do this on your own, but you will be fighting professionals.

I am an attorney (not a personal injury attorney), and yet I guarantee you that I would hire an attorney to represent me if I were in your shoes. That should tell you something.

 

Pat, this is Chris Brown. Sorry to hear about your children I am glad they are all OK (versus what could have happened.)

1) Get an attorney now
2) The only thing you should be telling the other carrier is the name of your agent and attorney, and also by the way, that your three children are in pain.

Good luck.

 

DO NOT TALK TO THEM!

Get an attorney and only talk to them with the attorney present. I had a life changing motorcycle accident a few years ago which I still haven't fully recovered, and still got royally screwed even with an attorney, without the attorney, I would have got super screwed. By the way, the accident wasn't my fault.

 

Thx again to all.
Chris, how are you doing? Got another race car yet?
pm coming..

 

I agree completely. It was a learning experience for me and I would definitely approach it differently next time. But hopefully, there won't be a next time...

 

Thanks for all the advice. I know this isn't exactly a rennlist forum topic...
I'll let you know how I come out. Shame that a handshake and honesty aren't enough anymore.
Many people are trying to find a way for someone else to pay for their stupidity or mistakes IMHO!!!

 

Your insurance company has a legal department. Refer any calls to them so you don't have to incur any expense in legal representation. If I were in your shoes, I wouldn't say a word to anyone except the police and my insurance company.

 

but . . . but . . . . the lawyers for the insurance company represent the INSURANCE COMPANY . . . not you. Although you share some common interests with your insurance company, they are not looking out for your best interests: they are looking to reduce their payout . . . and that is all they care about.

Under the circumstances, it is highly, highly adviseable to get your own attorney who has no incentives other than to represent you. You do not have to hire a personal injury attorney, but a good attorney (whether a PI attorney or not), most likely will put you in a better position than you will be without one. A great attorney will convince the other person's insurance company to settle for an amount that covers all of your legitimate costs, including the attorney's fees.

 

My point is that the other party's insurance company is calling you. If they want to talk to somebody, they should be talking to your insurance company and therefore the legal department. I wouldn't bother with getting my own attorney involved (and I have a firm on retainer) unless I were brought into the subject, which at this point is not the case.

 

Wise words from an IP attorney. I thought we didn't have any legal knowledge beyond words like "anticipation" or "prior art."

 

They are trying to take repeated statements from his son! You can't get any more brought into the subject than that.

If this were a routine matter with no contest of fault, no medical injuries, and no efforts by the other insurance company to interview you repeatedly, then sure, rely on your insurance company to handle it, or handle it yourself.

The repeated attempts to interview should be a big, big red flag.

 

[ot]Sections 102, 103, 112...reduced to practice...skilled in the art...

Just to add to the list.[/ot]

TD is spot on. The gang that should be sending you flowers so you don't sue them is trying to set you up. That's outrageous; they need to be spanked.

The best investment you can make is to pay a good attorney for the one hour's time it will take them to compose a simple letter.

 

You aren't reading my replies. If the other insurance company is asking for statements, tell them to talk to your insurance company and their legal team. Plain and simple. They can ask you 100 times, but there's no legal requirement for you to even answer their call. Just because somebody asks you a question doesn't mean anything in my mind -- just another facet of this litigious world we live in.

 

I am reading your replies.

If the other insurance company is asking for statements, why would you refer them to attorneys who are representing the best interests of your insurance company rather than your best interests? Don't kid yourself. The attorneys who represent your insurance company are loyal to the insurance company . . . not you, the insured.

My point is that it is helpful to have counsel who is loyal to you, not counsel who is loyal to your insurance company, which might, or might not, have similar interests.

 

I think we are closer together on this issue than one might think. To me if the insurance company is asking, I don't hold much credibility to that. Heck, why wouldn't they try to bolster their case by trying to take advantage of you? Not illegal, though perhaps immoral. So, my point remains -- "Go pound sand" is one response, "Talk to my insurance company and their legal department" is another. Now if somebody "credible" was asking questions (the court), then I'd take a different approach. Until there's some sort of claim, there really isn't much you can spend your time and independent legal money on, is there?