Have you ever hired an attorney after a car accident? Advice please...

[Macaela25]

Let me say outright that I'm not looking for legal advice here...that's why I'm hiring an attorney. I'm interested in any experience ya'll might have had with hiring an attorney after you've been involved in a car accident - what to expect, how things work, etc. I've never had to deal with this before.

Long story short, without giving too many details:

Both children and I were involved in an accident yesterday where it is 100% definitely the other drivers fault - luckily a police officer watched the whole thing from about 10 fe'et away. My car is totalled, I sustained multiple injuries and my poor 5 year old broke out a window with the side of his face...his jaw may be fractured.

I'm contacting an attorney because the other driver made some very strange statements at the scene to EMS, and because her insurance company refuses to return our calls. I missed work today due to mine and DS' injury, and I need a rental car if I'm able to go to work on Monday.

Anyhow, how does this all work? I understand that we don't pay and they take a % of any settlement, but beyond that...I just want to be careful as my sister was badly injured in an accident years ago and she still has major neck problems.

[434Teresa]

It only being day one I think you need to wait a few days. One reason you need to see where all your medical needs are going to take you first. Call your insurance and have them help you get a rental car, they will get the money back for the other women later. Tell them that they wont take or return your calls.

With what happen to me..It took me 3 years to settle then I got no more money than what the person insurance offered me after the lawyer got his part and some of the medical bills had went to my health insurance instead of to the persons car insurance and I had to pay all that back out of the settlement that I got. I did not know this at the time I agreed to settle with them........now they paid fine to fix the truck that I was driving at the time...I was hit in the rear end at a dead stop, I looked up and saw that the van was not stopping and wham it was to late..My back left a indent in the bed of the truck behind the drivers seat. He told them that I stopped all of a sudden but when I looked up and saw him comming he was talking on a cell phone/he was near 70 years old. There was road work going on they had me stopped waiting on the other side of the cars to go by for it was down to one lane..

[crecian]

if you think you will be needing an attorney then do NOT speak to the other person's insurance rep about anything other then obtaining a rental vehicle...they will want to ask you how you and any passengers are feeling and if you went to the doctor/hospital, but do not answer those questions...just tell them that your attorney will be in touch with them concerning those matters. I hope you and your passengers have already been to the ER, that is the first thing that should have happened, if not get to a doctor asap and contact an attorney first thing Monday to handle everything other than the rental car issue for you.
I want to stress again not to answer any questions from the other person's insurance company...it can and will be used against you.
Best of luck to you and your little one!

[crecian]

another thing to keep in mind is that if your child does suffer longer term damage than what is initially thought and you have already settled the case your child does have 7 years after turning 18 to bring his/her own lawsuit, so keep all paperwork on this case as long as you may need to.

[joshmamabear]

I'm sorry to hear of your accident. How long does it take for police report to be released in your area? Have you called your insurance company? If you have a local insurance agent, let them be the one to contact the other party's insurance to discuss. The contents of the police report in cases can make or break your case depending on how well it is written (or badly written in certain cases). It will determine whose insurance pays for damages.

Did you take your own pictures @ the scene of accident? I know how difficult it is to keep your composure in times like this but presence of mind to take pictures before the cops move vehicles may work in your favor should there be question on who is to blame for the accident. Pictures don't lie. I hope your insurance agent helps you at this time and be your advocate.

regarding the lawyer, I have a friend who hired a lawyer when she felt the offer for her vehicle that was totalled was too low; she ended up with an even lower net amount. This was because the lawyer wanted her to lie and complain about "injuries" as part of their strategy to get more money from the insurance company. She refused to lie under oath so she had to give 25% of the original offer to her. She lost instead of gaining more money

[Macaela25]

We've done everything on our end that needs to be done with insurance - I've called our adjuster this morning and told him he needs to get us a rental car. We don't have an agent.

A client of mine happened to be standing on the corner and witnessed the whole thing and I saw him taking pictures. I'm hoping the police officer who was sitting a few feet away had his video camera running or at least turned it on briefly to film the aftermath.

[Macaela25]

We found more bruises on our DS...ugh.

Bumping for advice/experience!

[ilove2$hop]

my sister was rear-ended by guess who....a cop. lol she also hired an attorney and it was settled....BUT she said the pain and suffering is not worth ANY money in the world....she wishes it would go away, her neck and back pains...

it took awhile to settle...and her car was replaced. but the physical scars, pain and suffering are still there...

Hope everything goes well!!

[motherofmolly]

one thing to remember, with any injury or surgery, you will never be the same. you will never be 100%.

dont talk to the other peoples insurance what so ever. they will call. tell them to talk to your adjuster only or your lawyer. nothing else.

most car accident lawyers will talk to you without money up front. ask around and find a lawyer that someone you know knows. talk to them before hand. you want one who gets paid based on the settlement.

[3timesoccermom]

Was the other driver given a citation?

When a lady pulled out and broadsided my Hubs last December she was not given a ticket even though she totaled Hubs' truck and nearly killed a couple on a motorcycle.

A girl hit my daughter in her truck on 9 1 11 and a cop came to the scene but did not give the other girl a citation even though she stated several times that it was her fault (she turned right on red and hit my daughter in the passenger side door in broad daylight). The family said they would pay but I sent them 4 estimates a week ago and have heard nothing back. The problem I'll have is if they don't pay since there was no citation issued fault can be given to either driver so their insurance is likely to fight/deny the claim. We only have liability on the vehicle because of its age.

The cop at the scene convinced the girls they didn't need an accident report (they are only 19) so he could get out of doing the freaking paperwork.

Anyway, sorry about your accident and hope you and your little one are ok in the long run.