QUESTION
Can you settle with the insurance company if you had rear ended auto collision?
Asked on Feb 28th, 2014 on Personal Injury - California
More details to this question:
My friends were rear ended 2 weeks ago in an auto accident. They both are having some problems from the accident and seeing a doctor should they settle with the insurance company and get an attorney?
19 ANSWERS
The victims in the accident should not settle until they are recovered from the accident and/or have a definitive future prognosis. Any settlement will be for past, present and future damages so if you are not fully recovered 2 weeks post accident, you should wait. You should definitely consult with an attorney to help you through this.
Answered on Mar 06th, 2014 at 9:33 AM
Edwin K. Niles
An independent study showed that claimants did better with an attorney.
Answered on Mar 05th, 2014 at 9:30 AM
Ronald A. Steinberg
They should consult with a lawyer.
Answered on Mar 04th, 2014 at 2:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They should confer with an attorney BEFORE they settle.
Answered on Mar 04th, 2014 at 2:52 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Your friends should not talk to or attempt to settle without a lawyer.
Answered on Mar 04th, 2014 at 2:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If it is clear liability, get the best medical care you can and see a PI lawyer right away and let him in on what you are doing for treatment. He may have ideas about experts to see.
Answered on Mar 03rd, 2014 at 5:18 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can always try to settle with the insurance company directly, but they undoubtedly will take advantage of your non-representation and low-ball you on an offer to settle. An attorney in all likelihood will get you more money, but then you have to balance out that fact with the deduction for paying attorney's fees. If they are minors it's usually 25% whereas most attorneys charge 33% for an adult.
Answered on Mar 03rd, 2014 at 5:18 PM
3 Awards
Your friends should definitely get an attorney. There are several claims which arise from the accident. First, there is a PIP (Personal Injury Protection) or "No Fault" claim. This includes initial medical bills, lost wages, essential services and rehab expenses. There is also a liability claim which includes compensation for past and future medical expenses, past and future lost wages, compensatory damages, pain, suffering and disability, and loss of consortium. There is also potentially an underinsured motorist claim. There are several time limits which are very important. These include time limits for making a claim, for getting the case settled, for filing suit if the case isn't settled in time, and for obtaining service of process. Missing any of the time limits can permanently eliminate any claim you otherwise would have so it is important that we get on this without delay.
Answered on Mar 03rd, 2014 at 5:17 PM
Thomas Edward Gates
They should never settle while still under treatment. To do so puts them in a position to self pay future related medical costs. Depending upon the extent of your injuries, you may want to retain an attorney.
Answered on Mar 03rd, 2014 at 5:16 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Don't settle until you know for sure that there are no residual injury problems. Keep the insurance company at bay until you know their injured medical condition for certain.
Answered on Mar 03rd, 2014 at 5:15 PM
James Eugene Hasser
They should not settle until they reach maximum improvement in their conditions. It never hurts to consult a lawyer. If they want to consult one, they should look for an experienced injury lawyer.
Answered on Mar 03rd, 2014 at 5:15 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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They should not settle with the insurance company if they are still treating with a doctor for their injuries. Whether they hire an attorney or not is their decision but they should discuss their options with an attorney so that they do not make a mistake with the insurance adjuster that can't be fixed. The adjuster wants to close the case as quickly as possible and pay as little as possible. That is his job. The injured party wants to make sure that their injury is treated properly and that they are compensated fairly. The two competing interests are in conflict and therefore your friends should not be in a hurry and should talk to a lawyer and about the do's and don'ts before making a mistake that will benefit only the insurance company.
Answered on Mar 03rd, 2014 at 5:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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They should wait to settle until they know that either all of their injuries have been resolved or know that they cannot be resolved in the near future. It wouldn't hurt to talk with an attorney. However, whether an attorney is warranted depends on the severity of the injuries.
Answered on Mar 03rd, 2014 at 5:14 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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It all depends. If the damage is very minor and injuries are not significant they can settle with the insurance. However,insurance companies are not generous and they will pay the least. If an attorney is involved there is a better likelihood that they will step up to the plate since they know that attorneys will vigorously pursue the claim.
Answered on Mar 03rd, 2014 at 5:13 PM
4 Awards
Your friends can only settle one time with the insurer. Since they are still having issues, they need to seriously consider whether they should wait until their medical situation resolves. The insurer has adjustors trained to negotiate in a manner that saves them money. If your friends are not trained and experienced negotiators, they are at a disadvantage without an attorney.
Answered on Mar 03rd, 2014 at 5:04 PM
They should not settle until their medical condition stabilizes. Whether they need an attorney will depend upon whether their injuries are very minor or not. Supposedly using an attorney results in three times the recovery as not, but the 1/3 attorney fee has to be large enough to make it worthwhile to put the time in on the case. Property damage can be settled without the attorney but an attorney will not charge for that recovery so you might as well let him/her handle it if you are going to hire someone.
Answered on Mar 03rd, 2014 at 4:43 PM
1 Award
They are probably better off to get a lawyer to represent them and make sure they are receiving adequate compensation for their injuries.
Answered on Mar 03rd, 2014 at 4:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes they should get an attorney. Way, way too soon to even think about settling, for reasons too complex to get into here. You are a good friend to be finding out about this for them.
Answered on Mar 03rd, 2014 at 4:43 PM
They shouldn't settle until they know the nature and extent of their injuries. To get maximum settlement they need to retain an attorney.
Answered on Mar 03rd, 2014 at 4:42 PM