car accident advice

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Olds33
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car accident advice

Post by Olds33 »

Hello, looking for advice. My parents (age 65+) were recently involved in a car accident on a double lane highway in which they were driving on the highway and another driver drove through the stop sign of the intersecting road, crossed the first lane and t boned their vehicle on the far lane. Their air bags went off and they ended up in the ditch. Police were there and they were taken to the local ER and evaluated with scans and released the same day. Both were very sore and from what I am aware the only significant injury is a chipped bone in my mom's wrist. Thankfully they are both overall doing OK. The other driver was uninjured and I understand was issued some citations by the police officer. My dad is telling me they have some kind of total vehicle replacement policy for their own car insurance. My understanding is that the other driver was insured/unimpaired. This is in MN. My dad is asking if they should talk to a lawyer? Are there specific things they should do at this point or watch out for? They have been in touch with the police officer and their insurance company. Thanks in advance.
miamivice
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Re: car accident advice

Post by miamivice »

From my personal experience, it would be avisable to work with an attorney to handle the claim. There will be some bodily injury and recovery due to the chipped wrist and an attorney will help them get a more fair (i.e., larger) settlement than would be possible otherwise. Again, this is based on my personal experience.

There is no rush to settle or rush to find an attorney right now. That can take time and the vehicle can be likely be repaired separate of closing out the bodily injury claim, so he can take his time to research and find a good one.
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Cheez-It Guy
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Re: car accident advice

Post by Cheez-It Guy »

Is getting an attorney really better? If so, how so?

I have a relative who used to work as an insurance adjuster, and her take (now in retirement) was that people should just work directly with the insurance company, and that the claim would be the same, but if you have an attorney involved, of course they'd take their cut of the same pie. Might seem like biased advice given that she worked in the industry, but this is the same advice she gave my parents who were involved in an accident a couple years ago. She had nothing to gain by not giving them the best possible advice.

It takes time and patience to work with the insurance company and to provide all of the needed supporting documentation, so I can see how an attorney might be better for people who are poorly organized or might be in a severe cash crunch and need an annoying lawyer to push it along to settlement more quickly.

I'm somewhat open to having my mind changed about this, but it's probably too late in the case of my parents.

It was comical (and sad) how quickly personal injury lawyers pounced on them once they accident report was posted by the highway patrol. Seems like they got about 10 separate mailings very quickly after the accident. One delivered with next day service on a Saturday. Thick glossy folders, pamphlets, and mini-books about personal injury. They all went to paper recycling, except that one or more included a pre-printed copy of the accident report, which they saved for their files and avoided needing to print their own copy. It's got to be unreal how much these firms spend on this crap.
miamivice
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Re: car accident advice

Post by miamivice »

Cheez-It Guy wrote: Sun Jun 20, 2021 12:12 pm Is getting an attorney really better? If so, how so?

I have a relative who used to work as an insurance adjuster, and her take (now in retirement) was that people should just work directly with the insurance company, and that the claim would be the same, but if you have an attorney involved, of course they'd take their cut of the same pie. Might seem like biased advice given that she worked in the industry, but this is the same advice she gave my parents who were involved in an accident a couple years ago. She had nothing to gain by not giving them the best possible advice.
I only have my personal experience to go from. I can't say more at the current time unfortunately.
BruDude
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Re: car accident advice

Post by BruDude »

A chipped bone is probably worth $25-50k on an injury claim. Friend of mine was in an accident and broke a finger, got $50k settlement. Would have been more but that was the max coverage and the driver had no assets so they just settled on that. She didn’t want to get a lawyer until I told her to because she was fine, but now she has another $33k or so after fees. Definitely talk to a lawyer or two at the very least and see what they say.
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Cheez-It Guy
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Re: car accident advice

Post by Cheez-It Guy »

miamivice wrote: Sun Jun 20, 2021 12:34 pm
Cheez-It Guy wrote: Sun Jun 20, 2021 12:12 pm Is getting an attorney really better? If so, how so?

I have a relative who used to work as an insurance adjuster, and her take (now in retirement) was that people should just work directly with the insurance company, and that the claim would be the same, but if you have an attorney involved, of course they'd take their cut of the same pie. Might seem like biased advice given that she worked in the industry, but this is the same advice she gave my parents who were involved in an accident a couple years ago. She had nothing to gain by not giving them the best possible advice.
I only have my personal experience to go from. I can't say more at the current time unfortunately.
OK. You just seemed confident that a lawyer would be better and would result in a higher settlement, and I wanted to understand why and what makes it better. Do you have personal experience both with and without, or only with?

Thanks!
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Lee_WSP
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Re: car accident advice

Post by Lee_WSP »

Cheez-It Guy wrote: Sun Jun 20, 2021 12:12 pm Is getting an attorney really better? If so, how so?
You don't know what you don't know and the vast majority of people do not possess the skillset necessary to prove and negotiate a favorable settlement.
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Cheez-It Guy
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Re: car accident advice

Post by Cheez-It Guy »

But the internet DOES know. And a person can educate themselves, one would think. What does it matter if you get a lawyer when you're stuck with minimum coverage policy limits for the at-fault party? Parents received a bodily injury settlement at the policy limit and now working on a supplementary claim through their underinsured motorist coverage. How would the insertion of an intermediary improve the outcome?
GmanJeff
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Re: car accident advice

Post by GmanJeff »

Cheez-It Guy wrote: Sun Jun 20, 2021 4:11 pm But the internet DOES know. And a person can educate themselves, one would think. What does it matter if you get a lawyer when you're stuck with minimum coverage policy limits for the at-fault party? Parents received a bodily injury settlement at the policy limit and now working on a supplementary claim through their underinsured motorist coverage. How would the insertion of an intermediary improve the outcome?
The policy limits are not necessarily the maximum amount of an award. Experienced counsel will know how to determine if additional assets may be available currently or into the future, and will know how to reach them. Plaintiffs need not always settle for policy limits.

A consultation with a qualified personal injury attorney typically costs nothing.
123
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Re: car accident advice

Post by 123 »

Olds33 wrote: Sun Jun 20, 2021 11:51 am ...My parents (age 65+) were recently involved in a car accident on a double lane highway in which they were driving on the highway and another driver drove through the stop sign of the intersecting road...
When older people are involved in accidents I would be in no rush to reach any quick settlement for injuries. It could take 3 to 6 months for some conditions that were aggravated by the accident to be apparent. Many conditions that are are natural results of aging are advanced, accelerated, and aggravated a considerable amount by accidents. Something like kidney damage/impairment might not up until a routine blood test taken as part of a physical six months after an accident. Neck injuries might cause pain or stiffness within a month or two. Don't rush to accept an "all clear" opinion by a physician soon after an accident.
The closest helping hand is at the end of your own arm.
Big Dog
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Re: car accident advice

Post by Big Dog »

for a broken/chipped bone, your parent(s) should be receiving some $ for pain and suffering. An attorney can obtain maximum reimbursement; otherwise, the insurance adjuster will try to low-ball them. (And yes, as the swelling subsides, they might find additional muscle-skeletal injury.)
Broken Man 1999
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Re: car accident advice

Post by Broken Man 1999 »

Lee_WSP wrote: Sun Jun 20, 2021 4:04 pm
Cheez-It Guy wrote: Sun Jun 20, 2021 12:12 pm Is getting an attorney really better? If so, how so?
You don't know what you don't know and the vast majority of people do not possess the skillset necessary to prove and negotiate a favorable settlement.
Yep!

DW and I surely didn't have the skillset to navigate a settlement.

It took over 4 years for my accident settlement to be completed. The young man who hit us had $20,000, liabi!ity, of which I received $15,000, there were riders in his car who split the remaining $5,000.

My TOTAL settlement was far greater. My attorney found other, deeper pockets to plumb. And, these deeper pockets seemed eager to be plumbed with a negotiated settlement prior to going to trial.

Without our attorney's guidance, DW would have settled for the $15,000. Fortunately my former boss at MegaCorp helped DW find our attorney, prior to her making a terrible mistake. I was no help to DW, everything was on her shoulders.

If there is a lawyer sitting across a table from you, it is a good idea to have one by your side looking out for your interests. And, I would think there is always a lawyer representing the other party.

Injuries don't always manifest themselves immediately. No reason to settle quickly, though there will most likely be pressure for the injured to do so. DON'T!

Broken Man 1999
“If I cannot drink Bourbon and smoke cigars in Heaven then I shall not go." - Mark Twain
7eight9
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Re: car accident advice

Post by 7eight9 »

A man who is his own lawyer has a fool for a client.
I guess it all could be much worse. | They could be warming up my hearse.
Mr. Rumples
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Re: car accident advice

Post by Mr. Rumples »

As noted, it takes a while sometimes for soft tissue damage to appear. The other concern might be help around the house. Even changing sheets could be a chore.
"History is the memory of time, the life of the dead and the happiness of the living." Captain John Smith 1580-1631
miamivice
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Re: car accident advice

Post by miamivice »

Cheez-It Guy wrote: Sun Jun 20, 2021 4:11 pm But the internet DOES know. And a person can educate themselves, one would think. What does it matter if you get a lawyer when you're stuck with minimum coverage policy limits for the at-fault party? Parents received a bodily injury settlement at the policy limit and now working on a supplementary claim through their underinsured motorist coverage. How would the insertion of an intermediary improve the outcome?
There is no reason the other parties insurance has to offer to settle at a reasonable value. They can offer some wacky low ball number. Say $2,000 for a claim worth $100k. There is nothing you can do if they do not offer a reasonable settlement value, short of a lawsuit or threat of a lawsuit, both which need an attorney. With an attorney, you have the option to sue them which may cause the insurance adjuster to either express more willingness to settle (i.e., more reasonable number) or a jury can decide how much the other party is responsible for.

As soon as the other party is sued (keep in mind you sue the person causing the accident, not the insurance company), they put a lot of pressure on their insurance company to offer a reasonable settlement value. This can grease the skids to help both parties agree on a reasonable settlement value.

All of this would be more convincing if I could tell my personal story but I don't believe that I am at liberty to tell my personal story....so the hypothetical made up example above will have to suffice.
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