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Need Advice Legal-Gaf on an Auto-Accident

Lum1n3s

Member
Sooooo, I have some questions GAF. I got into an auto-accident today in the afternoon, I was rear-ended by some guy while we were at a redlight at an intersection. I was the first car at the light in the middle lane to go straight and the guy who hit me was behind me waiting as well. My girlfriend happened to be with me and while we were waiting at the light we were eating some chik-fil-a waffle fries with some of that yummy cheese dip.

During that time the light to turn left on the left lane turned green while ours was red. Welp I'm guessing the guy behind us thought the middle one was green and decided to accelerate. He ended up hitting us pretty hard and made that damn cheese spill on my right hand which was piping hot. I end up getting out and the driver asked if we were okay which we were at the moment minus getting burned by the cheese. I told him we would call the cops which I did and they came right away. Due to no one being injured atm even though I told him I got burned he said he didn't need to file a report and could just exchange information. I made sure to take pics of the burn and the accident before he made us drive off to the side so we could give each other's info. After doing all that we drove our separate ways and that was that.

I ended up calling his insurance for the claim and told them exactly what happened. I told them only about the burn at that time and that I would be going to the Urgent Care if it kept on hurting which it did. The guy told me to fax all bills I would receive and that I would most likely get compensated for that and any pain and junk since he was at fault. A while after I made the call though my back right neck started to hurt as well as my left wrist. When I went to the Urgent Care they did an x-ray and found that my wrist was sprained and put a splint on it. As to the burn they said that I should still feel pain and that if anything it should go away and as for the neck to follow up with my primary care doctor in a week.

(TL:DR - Was at a stop light, car rear-ended us, they're at fault, got burned on my arm with cheese and filed a claim with only that but now I find out I have a sprain and neck is hurting)

So questions are

1) Should I send all bills in a timely manner or just hold on to them?
2) Should I call them back to add what I had already told them in my statement such as my sprain and possible neck injury?
3) Should I hire an injury lawyer and if so when?
4) How should I generally go about this?

Thanks for any advice and PS this sucked typing it with one hand
 

Cracklox

Member
Do you have your own insurance? Things will usually play out a lot quicker. 99% of companies consider the other party at fault as pretty cut and dry with a rear ender, so it shouldn't affect your rating with them, or they shouldn't ask for any excess.

As for specifics, def keep the bills, and let them (the other insurance, or yours) know of the further developments with your sprain etc. They'll let you know what you need to do. Where I'm from, personal injury is handled separately from property, so you may need to go else where to have that sorted out. They'll be able to point you in the right direction though.

I wouldn't think you would need an injury lawyer either, unless they start to make things difficult. And that's where it comes back to using your own insurance if you can. Being their customer, they should look after you in a more timely manner
 
Most personal injury attorneys have free consultations and work on a contingency fee, so you don't pay anything if you don't get anything. Don't ask the internet for legal advice.
 
I AM NOT A LAWYER.

Contact your own insurance and let them deal with his insurance. You need two claims.

1. Loss of Automobile.
2. Accident Benefit for personal injury.

Accident Benefit is completely separate than your automobile accident. You can always call insurance and tell them it hurts now and that it wasn't hurting yesterday.

Again, start two separate claims. Good luck.

P.S. FUCK LAWYERS. Especially free* ones who don't charge unless you win the case (which is usually 10% of winnings going to you and the rest going to him and physiotherapist, just for filing simple paperworks that you can do yourself). You don't need a lawyer unless you're hurt bad and you need some big compensation, like 6 figures due to loss of job or serious unrecoverable injury. They'll always make you ripoff the other guy or your own insurance, and will make you lie that you can't work or you got stress or you got injuries that don't really exist. And it's fraud.

Source: I just had an accident two months ago and I'm tired of my lawyer, and I'm about to get rid of him to directly settle with the insurance company. I can't fake it if I feel better after two months, and he is telling me to start faking it for the next two years (FUCK. THAT).
 

Lum1n3s

Member
Do you have your own insurance? Things will usually play out a lot quicker. 99% of companies consider the other party at fault as pretty cut and dry with a rear ender, so it shouldn't affect your rating with them, or they shouldn't ask for any excess.

As for specifics, def keep the bills, and let them (the other insurance, or yours) know of the further developments with your sprain etc. They'll let you know what you need to do. Where I'm from, personal injury is handled separately from property, so you may need to go else where to have that sorted out. They'll be able to point you in the right direction though.

I wouldn't think you would need an injury lawyer either, unless they start to make things difficult. And that's where it comes back to using your own insurance if you can. Being their customer, they should look after you in a more timely manner
Ah I see, so like I was driving my gf's car and the car is insured with liberty mutual so would I go through that insurance or my own car insurance? The funny thing is the person's car insurance is the same one I have which is Statefarm lol
 

Alxjn

Member
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Burn is your fault.
 
Ah I see, so like I was driving my gf's car and the car is insured with liberty mutual so would I go through that insurance or my own car insurance? The funny thing is the person's car insurance is the same one I have which is Statefarm lol

Are you an authorized driver on your girlfriend's car? If so, definitely go through them.
 
Are you an authorized driver on your girlfriend's car? If so, definitely go through them.

I AM NOT A LAWYER.

You don't need to authorize ANYONE to get claim. As long as the vehicle is insured, you are covered. Insurance doesn't just cover the primary or secondary driver, but anyone else that the primary owner allows to drive or ride at the time of the accident. Insurance loves making extra money by forcing you to add additional drivers in the household, or scaring you to sign that no one else will drive the vehicle.
 

Lum1n3s

Member
Are you an authorized driver on your girlfriend's car? If so, definitely go through them.
Sadly I am not, but the guy's insurance which I'm going through said he's at fault.

You need two claims.

1. Loss of Automobile.
2. Accident Benefit for personal injury.

Accident Benefit is completely separate than your automobile accident. You can always call insurance and tell them it hurts now and that it wasn't hurting yesterday.

Again, start two separate claims. Good luck.

P.S. FUCK LAWYERS. Especially free* ones who don't charge unless you win the case (which is usually 10% of winnings going to you and he rest going to him and physiotherapist). You don't need a lawyer unless you're hurt bad and you need some big compensation, like 6 figures due to loss of job or serious unrecoverable injury. They'll always make you ripoff the other guy or your own insurance, and will make you lie that you can't work or you got stress or you got injuries that don't really exist. And it's fraud.

Source: I just had an accident two months ago and I'm tired of my lawyer, and I'm about to get rid of him to directly settle with the insurance company. I can't fake it if I feel better after two months.
True that, that's some fucked up stuff. I definitely don't want to go down that route.
 
Unless the burn hampered your ability to work or left gruesome scars, toss that idea out the window and don't be a jackass.

As for the wrist, keep the bills and make copies for your insurance to deal with. Send them the copies, let them sort it out. Same with car damages.
 
Your GF has the policy for the car in her name and should contact her insurance representative and let them know about the accident. They'll take it from there, including dealing with your medical expenses by working with the other insurance company.

The insurance agents do this for a living and will handle the situation for you instead of you having to get advice from people on the internet.

Speaking of advice from people on the internet, stop eating in your car in city traffic (or congested freeway traffic, for that matter). It's distracting and dangerous.
 
P.S. FUCK LAWYERS. Especially free* ones who don't charge unless you win the case (which is usually 10% of winnings going to you and the rest going to him and physiotherapist, just for filing simple paperworks that you can do yourself)

In California, contingency fees are usually between 35 and 40 percent. If your attorney took 90 percent of the pay out, I would consult your state bar because it's a violation of most states' professional conduct rules prohibiting unreasonable fees. I would also report the attorney you worked with if they in fact split fees with a therapist as that is also a big no-no.

Or maybe you're making stuff up, who knows.
 
In California, contingency fees are usually between 35 and 40 percent. If your attorney took 90 percent of the pay out, I would consult your state bar because it's a violation of most states' professional conduct rules prohibiting unreasonable fees. I would also report the attorney you worked with if they in fact split fees with a therapist as that is also a big no-no.

Or maybe you're making stuff up, who knows.

Yeah, it's a bit of both exaggerating and reality. Lawyer will take 40 percent. Physiotherapist will take another 30-40 percent over years. After everything is done and years of your time wasted, you're better off working hard and earning hard.

Again, unless you're seriously injured or want to stay home pretending you're hurt and don't mind bumming around, it's not worth it.
 

Lum1n3s

Member
Your GF has the policy for the car in her name and should contact her insurance representative and let them know about the accident. They'll take it from there, including dealing with your medical expenses by working with the other insurance company.

The insurance agents do this for a living and will handle the situation for you instead of you having to get advice from people on the internet.

Speaking of advice from people on the internet, stop eating in your car in city traffic (or congested freeway traffic, for that matter). It's distracting and dangerous.
It wasn't really in the city, more like a rural intersection lol. Plus we did it when the light was red otherwise I don't really like eating while we drive.

That is their job.

Wait... so I talked with the rep from the guy's insurance and he said just to take it to any of their repair places and they would cover any repairs and would be given with a warranty... so should I just call her insurance back to make them take care of it?
 
Why would you contact his insurance? They represent him not you.
Yep. You always take information so your insurance can bill their insurance, not so you can start a claim with them. Your insurance has more pull on this instead of trying to negotiate with the losing party.

Wait... so I talked with the rep from the guy's insurance and he said just to take it to any of their repair places and they would cover any repairs and would be given with a warranty... so should I just call her insurance back to make them take care of it?

See here's the thing. If you have a mechanic, you're more than welcome to take it to him and bill them. If not, your insurance (avoid talking to his insurance ASAP) will not only get you a rental for 30 days and take care of your injuries but will also recommend you the top mechanic that will fix the car... all while directly billing the guy' insurance


Straight up tell your girlfriend's insurance that you want them to represent you. They'll do everything.
 

Lum1n3s

Member
Yep. You always take information so your insurance can bill their insurance, not so you can start a claim with them. Your insurance has more pull on this instead of trying to negotiate with the losing party.



See here's the thing. If you have a mechanic, you're more than welcome to take it to him and bill them. If not, your insurance (avoid talking to his insurance ASAP) will not only get you a rental for 30 days and take care of your injuries but will also recommend you the top mechanic that will fix the car... all while directly billing the guy' insurance


Straight up tell your girlfriend's insurance that you want them to represent you. They'll do everything.
Doesn't that mean that she would have to pay a deductible at the time of submitting it all through her? How would that work?
 

Cracklox

Member
Ah I see, so like I was driving my gf's car and the car is insured with liberty mutual so would I go through that insurance or my own car insurance? The funny thing is the person's car insurance is the same one I have which is Statefarm lol

Yup they should, although I see further on they say to go through the other persons insurance, which doesn't sound right.

Is the policy comprehensive coverage? Or just 3rd party? If it's the latter then I can understand

Oh I should probably specify the NOT LAWYER part as well, but I have worked in insurance for a few years, and for a time of that, I was doing lodging claims for people who went through very simliar stuff. So I am semi- qualified in that sense, though in your part of the world they may handle some things differently
 

zeemumu

Member
Send your bills as soon as possible. If they claimed fault with a rear end you have nothing to worry about. But it's best not to drag your heels on it.
 

Cracklox

Member
Doesn't that mean that she would have to pay a deductible at the time of submitting it all through her? How would that work?

Nah, USUALLY not in a cut and dry rear end accident. Your insurance company say " No worries kind sir. No fault there. Leave it with us and we'll recover the costs from the other party'. Which is usually their insurance, of if not they'll go after them directly.

Probably 70-80% of claims that get lodged are of a similar nature. Little rear enders. Its when red lights, and lane merging and things like that come into play when things get messy
 
Source: I just had an accident two months ago and I'm tired of my lawyer, and I'm about to get rid of him to directly settle with the insurance company. I can't fake it if I feel better after two months, and he is telling me to start faking it for the next two years (FUCK. THAT).

Good luck with that, bro. I'm sure the contingency agreement prevents this or puts you on the hook for hourly fees if you drop them (ours do).

In California, contingency fees are usually between 35 and 40 percent. If your attorney took 90 percent of the pay out, I would consult your state bar because it's a violation of most states' professional conduct rules prohibiting unreasonable fees. I would also report the attorney you worked with if they in fact split fees with a therapist as that is also a big no-no.

Or maybe you're making stuff up, who knows.

Yeah, seems very high, but costs are usually deducted from plaintiff's portion. Could be a lot of costs (doctor fees), potentially, but maybe because of a small recovery it is a large portion. Or could be bullshit. Dude sounds angry.
 

Zoe

Member
Your injuries may not be severe enough too generate any interest ​from personal injury lawyers.

Why would you contact his insurance? They represent him not you.

That is their job.

I've never filed an accident through my own insurance. When it's clear-cut who's at fault and the other guy's limits are high enough, you don't really need to.
 
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