Eighty_nine Posted October 23, 2015 Share Posted October 23, 2015 (edited) I'm going to keep this short and not explain the whole thing in excruciating detail. I was rear-ended the other day-- not my fault (kind of obvious). I was sitting w. my blinker on waiting to turn left and the guy smashed into us, hard. he claims he was going 25 but i find that doubtful. he did, however, immediately admit fault in the accident and repeated several times that it was his fault. my insurance company decided i was not at fault & i chose to let the other guys insurance company pay for my car expenses, assuming they also find him liable. he was working when he hit me, driving a rent-a-center van. new york state is no-fault when it comes to medical, so my insurance is currently covering our medical expenses. my roommate (who was in the car with me) and i have both been in pain on and off since the accident-- went to urgent care the next day, doctor took xrays for me but not for my roommate. xrays didn't show anything major. pain was worst last night, dr. provided hydrocodone rx that has helped a lot. as soon as it wears off the pain generally starts again. a lot of damage to car, but it's probably not totaled. I occasionally have shooting pains and tingling in my arm, making me worry a disc is out of place. so.... do I get a lawyer? I don't understand this whole process. Edited October 23, 2015 by lissvarna Link to post Share on other sites
carhill Posted October 23, 2015 Share Posted October 23, 2015 Generally, the party rear-ending another motorist is deemed liable for not controlling their vehicle. Since you have medical issues, some of which may not become fully developed for awhile, I'd suggest an attorney. I recently went through this where my pickup was totaled by someone who ran a stop sign at full road speed and, fortunately, I was uninjured but my best friend took a pretty hard hit since he was on the side the car hit. In dealing with his health insurer it was their attorney who suggested he get a contingency lawyer and go after both my insurer and the party at fault's insurer. That's what's in process now. Heh, the health insurer wants their money back from his shoulder surgery, not an insubstantial amount. If pain and suffering is involved, the lawyer suggested two times medical as typical. I don't recall his take but usually it's 35-40% of gross award. Whatever you do, don't sign off on any claim settlement. I only did with regard to my stuff so they'd reimburse me for the replacement truck I bought. Other than that, the medical/liability side was left open. Link to post Share on other sites
jen1447 Posted October 23, 2015 Share Posted October 23, 2015 You could. Look for the most reputable personal injury firm in NY. The going rate is typically 1/3 of the settlement. The likelihood is you'd get substantially more via suit or negotiation on the part of an attorney vs. a settlement with your or the driver's insurance company, but you'd have to weigh that against what you pay out for representation. Generally it's worth it. Most firms that specialize in this field will give you free consultations, so it's not like you have to load in immediately if you call. They'll also tell you if you really have a case or not (and decline to represent or refer you to someone else if you don't or if it's weak). Link to post Share on other sites
Clarence_Boddicker Posted October 23, 2015 Share Posted October 23, 2015 Dunno about down under, but in America you have to be careful with what you do, so you don't damage your ability to win a claim. In the US, most personal injury attorneys work on a contingency basis. You get a free initial consultation & they decide if your case is worth taking. The charge a set % if they win. Usually it's like 25% if settled out of court & 33% + "costs" if they have to go to court. If they lose you owe nothing. The bad thing is the medical bills. Usually they come off the top, after the attorney fees. Sometimes the attorney can negotiate the medical bills down a bit. Link to post Share on other sites
MightyPen Posted October 23, 2015 Share Posted October 23, 2015 Yes, talk to a personal injury attorney. They will work on a contingency, probably 30-40%. Basically you don't pay them anything. They get paid out of the settlement. There is NO down side to you hiring an attorney. I STRONGLY suggest you hire one. Insurance companies take advantage of people all the time. 1 Link to post Share on other sites
d0nnivain Posted October 23, 2015 Share Posted October 23, 2015 Especially because you say you don't understand the process, it would be best for you to talk to someone who does. Link to post Share on other sites
Author Eighty_nine Posted October 23, 2015 Author Share Posted October 23, 2015 The bad thing is the medical bills. Usually they come off the top, after the attorney fees. Sometimes the attorney can negotiate the medical bills down a bit. so let's say an attorney settled at 10,000-- first his 1/3 fee would come out, then medical expenses, then anything left is paid to the plantiff? i think that might not be worth it then; I thought medical bills would be paid separately and regardless of whether or not an attorney was involved. It sounds like you're saying if they ruled against me, I wouldn't get my medical bills paid. That seems like a big risk.... helpful to know that. And I'm in new york state. Link to post Share on other sites
carhill Posted October 23, 2015 Share Posted October 23, 2015 Most suits settle. The insurance industry has a game they play with this. It's all worked out by beancounters and actuaries. The lawyers get together, crunch the numbers, make sure they all make enough, do the deal and move on. A judge is always a crapshoot and, heh, the judge just might have an axe to grind with an insurance company Link to post Share on other sites
jen1447 Posted October 23, 2015 Share Posted October 23, 2015 so let's say an attorney settled at 10,000-- first his 1/3 fee would come out, then medical expenses, then anything left is paid to the plantiff? i think that might not be worth it then; I thought medical bills would be paid separately and regardless of whether or not an attorney was involved. It sounds like you're saying if they ruled against me, I wouldn't get my medical bills paid. That seems like a big risk.... helpful to know that. And I'm in new york state. No, medical expenses are generally what you're filing suit for, as well as pain and suffering and other damages, et al. Civil suits always seek awards for damages from something. So your medical expenses would be part of the settlement. The costs you'd be responsible for are nominal and would be more or less 'waived' if you won. The firm likely wouldn't even collect them if you lost, particularly if you go with a highly reputable one. (The reason there are generally costs mentioned at all is bc in many states it's illegal for law firms to advertise with a "no cost" tagline - probably bc that gives the impression you pay nothing, which isn't so. You'll pay 1/3 of the award. What you won't likely pay in the end are filing fees, investigator fees, etc., even tho you're technically on the hook for them. Those are the "costs.") Really, just Google 'personal injury law firm' in your city/state and call the best looking one and they'll explain it to you. Link to post Share on other sites
Ms. Faust Posted October 23, 2015 Share Posted October 23, 2015 A friend of mine was recently rear ended by someone who was texting and driving (she was stopped at a red light). He hit her hard enough that both of their cars were totaled. She hired an attorney and is suing for pain and suffering and loss of wages. She is expecting it to drag out for a while, but is thinking that she will get a decent payout. Link to post Share on other sites
Author Eighty_nine Posted October 24, 2015 Author Share Posted October 24, 2015 thanks guys..this has been very helpful. One more question. My roommate was in the car with me and is also experiencing a lot of pain. Should she want to file a lawsuit also, would it be a separate case or part of mine? Anyone know? Link to post Share on other sites
Clarence_Boddicker Posted October 24, 2015 Share Posted October 24, 2015 That would be a separate claim. I forgot to mention a lot hinges on the policy limits of the at fault driver. He might have the minimum coverage & be broke. Stuff like that will factor into the attorney's decision to take your case. Link to post Share on other sites
Tayla Posted October 24, 2015 Share Posted October 24, 2015 thanks guys..this has been very helpful. One more question. My roommate was in the car with me and is also experiencing a lot of pain. Should she want to file a lawsuit also, would it be a separate case or part of mine? Anyone know? you can both file together in the lawsuit. you both have separate insurance file claims for medical or losses. Two separate answers for two distinct issues. Link to post Share on other sites
Author Eighty_nine Posted October 24, 2015 Author Share Posted October 24, 2015 That would be a separate claim. I forgot to mention a lot hinges on the policy limits of the at fault driver. He might have the minimum coverage & be broke. Stuff like that will factor into the attorney's decision to take your case. He was working and driving a Rent-A-Center van, so we'd be suing their insurance, not his. Link to post Share on other sites
d0nnivain Posted October 24, 2015 Share Posted October 24, 2015 It's actually more complicated then you understand. You would sue the other driver & his employer. The insurance policy for the van would be primary. There is a possibility that other policies could come into play. Your roommate / passenger would have a separate attorney & would sue the other driver & you as her host driver. Your insurance company would hire a lawyer for you & you would have the lawyer you hired to pursue your claim. Both of you would have to prove that your injuries satisfy NY's tort threshold, which may or may not apply depending on whether the vehicle that hit you is considered a commercial vehicle and what the provisions of your own insurance policy require. There are too many variables here for anybody to give you accurate legal advice without reviewing a number of documents including but not limited to the police report, your auto policy, the other car's policy and your medical records. Stop trying to get legal advice from people who are not NY lawyers. 1 Link to post Share on other sites
Author Eighty_nine Posted October 24, 2015 Author Share Posted October 24, 2015 (edited) It's actually more complicated then you understand. You would sue the other driver & his employer. The insurance policy for the van would be primary. There is a possibility that other policies could come into play. Your roommate / passenger would have a separate attorney & would sue the other driver & you as her host driver. Your insurance company would hire a lawyer for you & you would have the lawyer you hired to pursue your claim. Both of you would have to prove that your injuries satisfy NY's tort threshold, which may or may not apply depending on whether the vehicle that hit you is considered a commercial vehicle and what the provisions of your own insurance policy require. There are too many variables here for anybody to give you accurate legal advice without reviewing a number of documents including but not limited to the police report, your auto policy, the other car's policy and your medical records. Stop trying to get legal advice from people who are not NY lawyers. Don't appreciation your condesention nor your assumption that it's "more complicated than I understand"; this is not a board full of experts on various subjects. This is a board where people share their opinions and experiences. It's like you going to the "dating" forum and telling people to stop trying to get advice from people who aren't sociologists or experts in human behavior. Really unnecessary post. I do understand that it's possible the individuals insurance company could be Involved is well. I am also discussing this with a NYS lawyer. He's wanting to represent both my roommate and myself; obviously in any case she would not sue me as the accident was not my fault (I doubt she'd sue me even if it was my fault). Again I understand that no advice anyone gives here should just be blindly taken as fact. I'm in consistent pain, anxious about this whole process, just looking for outside input. Nothing wrong with that. Thanks everyone for sharing your advice/expiences. Edited October 24, 2015 by lissvarna Link to post Share on other sites
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