ATV Florida Forum

General => Open Discussion => Topic started by: Fox17 on October 02, 2008, 11:25:44 AM



Title: need some legal help
Post by: Fox17 on October 02, 2008, 11:25:44 AM
ok, we were in a car accident the other night in which the other driver was at fault. both trucks totaled. both people in the other truck are in very critical condition so there was a homocide investigation. i had insurance but not full coverage. they supposedly have full coverage. both trucks are still under the hold for the investigation. it cost me 25 bucks every day plus towing and all for it to be there. the hold will be lifted friday.

so, should i move it and hope to get reimbursed from their insurance or leave it and them pay for it?

when should i hear from their insurance company?


Title: Re: need some legal help
Post by: Fox17 on October 02, 2008, 11:40:57 AM
well, just talked to their insurance. they are gonna have the truck towed to their place when the hold is lifted and they will appraise it and make an offer on it. so, we'll see what happens from there. is there any other advice someone can give me regarding this stuff?


Title: Re: need some legal help
Post by: trx#9 on October 02, 2008, 12:10:18 PM
If they have full coverage your back should all of a sudden start hurting. ;)


Title: Re: need some legal help
Post by: asmart82 on October 02, 2008, 12:30:27 PM
Don't forget your neck too!  8)


Title: Re: need some legal help
Post by: MedicMudder on October 02, 2008, 12:37:10 PM
Have you talked to your Ins agent?? If not you need to.The Ins co will try to low ball you,go to nada.com,kelly Blue Book,
kbbk.com to get value on your truck.Check with ins co to see if they have a lawyer you can talk to.Good luck,send me a pm if you have any more questions(a good friend of mine izz a badd az$## lawyer)


Title: Re: need some legal help
Post by: trx#9 on October 02, 2008, 12:40:08 PM
I know an original reality lawyer. ;D


Title: Re: need some legal help
Post by: Fox17 on October 02, 2008, 12:59:43 PM
Have you talked to your Ins agent?? If not you need to.The Ins co will try to low ball you,go to nada.com,kelly Blue Book,
kbbk.com to get value on your truck.Check with ins co to see if they have a lawyer you can talk to.Good luck,send me a pm if you have any more questions(a good friend of mine izz a badd az$## lawyer)

well, my insurance is on my parents and my dad has been talking to the 2 insurance companies. ive already got the kbb and nada guides printed and sitting beside me. the state trooper said not to accept the first offer from the insurance company. he said you can get alot more. im going to the chiropractor tomorrow too. my mom wants us to at least get it noted that we were hurting and went. my neck is still a little sore. my sister is still sore too. i dont know if they will help but i have over $2k worth of recipts from repairs and mods to the truck. all documented and dated within the last year and a half. im definitely going after their insurance company. my uncle is a state attorney so ive been getting some advice from him.


Title: Re: need some legal help
Post by: MedicMudder on October 02, 2008, 01:04:00 PM
Good luck,glad you was not hurt bad.


Title: Re: need some legal help
Post by: Anoriginal on October 02, 2008, 01:17:43 PM
Sent you a PM  ;)


Title: Re: need some legal help
Post by: cheropride on October 02, 2008, 05:01:24 PM
Sent you a PM  ;)

Leave it to a lawyer to pm ya..... Just kidding....  Couldn't resist ;)

Seriously...  Sounds like a serious accident, glad that you are okay. 

As for the insurance, absolutely don't take first take.  Another thing to consider was the condition of your truck prior to the accident.  If you have any pictures of it, showing the condition that it was in, could help.  They are always going to go for the lowest amount. 

My other advise...  It's okay to go to a DC (Chiropractor), but that can't make a diagnosis.  What I mean by that is, they can say yea, you have an a Cervical Sprain, but it won't hold up for an insurance company....  You will need a diagnosis for a MD, trust me on this.  Not only was I Paralegal in my younger days....  I also was a Med-Legal Claims Analyst for an Insurance Company.  I had to have a Medical Report from a Dr/MD or a DO, but not a DC.  The MD can refer to treatment to a DC, but the DC can not diagnosis... 

It sounds as if it was a very serious accident, and you surely want to be checked over medically.  But some further advise, if an attorney contacts you and says, your entitled to $10,000 or more - Keep in mind several factors, most of that ends of going to the doctors' and lawyers...  Believe it or not, here's where the uninsured motorist provision comes in.  Do you have health insurance?  If you don't or you are not under your parents policy, this will surely get eat up any settlement...

Let's say you end up w/ say $5,000.00 in medical expense to the doctors, 80% will be paid by the auto-carrier, the other 20% will be either paid by your "health insurance" or 20% out of the settlement... I wont even get into the limits, cuz that can get confusing, esp when you are not at fault.  But the bottom line is this.  Insurance is 80/20 when it comes to medical payments.  And there is the question to what their carrier limits are.  And this don't even get into the "lawyers" percentage, and on top of their percentage they get their reimbursement for expense.  I have seen ppl come in w/moderate injuries, and be told that they could get a settlement of say $50,000.00; and by the time the doctors and lawyers take their HUGE bite, they might walk out w/$5,000, if they are lucky.... 

My point is this.  Becareful, and be very cautious of attorney's offerening you the moon.  No offense to any attorney's on this forum, but when it comes to auto, most of the attorney's are in w/the doctor's and it just one big freaking scam....  So ended my paralegal career, and I went to work for the insurance company....

Bottom line is this, go to a Medical Doctor, whether it be your primary care doctor.  He can order all the necessary test, ie xray's, ect, again, DC can't, and a DC/Chiropractor's DX will not hold much weight if any to an insurance carrier.....

But I am glad you are okay!  That is seriously, above all else, that is most important here.  Trucks, they can be replaced, you not being the one nor your sister, the one in the hospital in critical condition, that can not be replaced.



Title: Re: need some legal help
Post by: CABLEGUY1 on October 02, 2008, 05:38:14 PM
If they have full coverage your back should all of a sudden start hurting. ;)

You seem like a nice kid.Dont try to defraud the insurance company if you are not hurt. People with that mentality and the worker comp scammers are part of the reason that insurance rates are through the roof.Not to mention the fact that it's dishonest. If your hurt that's one thing or if your just getting checked in case you have an issue in the future that's fine,but to have a "all of a sudden " back ache just to get paid is what low lifes do. That's not much different than the old slip and fall scam. Carma will come back to get you. You should be compensated for your vehicle and your inconvienance but don't lie and say you were injured if you werent. Good things happen to good people.