Drunk Driving accident. My sister needs a lawyer

[mazspeed]

Ok, this is the story. My sister was hit in a drunk driving accident a few days ago in Bakersfield California. My dad and I bought her a 1997 Volvo 850 turbo a few months ago and I just got done putting $3750 into it for maintenance, but what happened was that she came up here to visit and get some stuff out of storage and go back to San Clemente. During her trip she was nailed by a drunk driver and totaled her car and put her in the hospital with minor injuries. Thing is I have been supporting my sister though her alcohol issues herself and is working pay check to paycheck and I pretty much pay for her rent and living expencises and whatnot so she doesn't have or make much money. She had to get a rental car and go back to work and such. Problem is, the drunk driver totaled her car, and their insurance company is trying to quickly strong arm my sister into not getting a lawyer, which is the first thing I told her to do. The lady who hit her has a prior and is fully covered, and was arrested at the scene, but also damaged 2 other cars in the process. My question is, does anyone know an attorney in her area, and does anyone have any knowledge of what she can expect as far as insurance and legal issues? Not exactly car talk, but I thought I would ask it here.

[tyoneal]

Get the police report and contact her/you insurence and ask for advice. If they won't get the ball rolling and help then try these other avenues.

It shouldn't hurt her insurence if it wasn't her fault. She might be able to get a rental car paid by the guilty party, or she might have that insurence option herself.

If you can't get anywhere,

Get a Personal Injury Lawyer.

They also handle property damage.

Will her (The Drunk) insurence fix her car? If not, mention to them the next time they hear from you it will be through your attorney if they want to play games.

It is not unusual for your company to fix the car then work to get paid by the other company. This way you don't have to mess with it.

Keep all reciepts from the Hospital and don't sign anything.

Keep and/or find all recent reciepts for improvements on her car, otherwise the other insurence company will try and short her based on the Average un-freshened car price.

If they start dragging thier feet, make sure see starts documenting any, "neck pain, Headaches, dizzyness etc." Go to some doctors and then visit a personal injury Lawyer. He can review the insurence policies of both people and determine the easiest way to collect the money necessary to get the car fixed. The first visit is usually free. Many Lawyer will work on a 66.6/33.3 Split with the client for injuries, and getting the car fix can be a free benefit for you.

Be carefull about saying anything on the phone to thier insurence company they do record in most instances, and seriously have her checked out medically. I was a bit flip before about headaches etc, but injuries don't always show up immediately. I know this from personal experience.

See if any of this can get you started.

I am not an attorney, nor do I play one on TV, but my wife an I have spent the last 27 months dealing with this crap.

Hope this helps.

tyoneal

[Smack_talker]

You can call the Bar assoc of calif and have them recommend a attorney in your area. The other way is to start calling and meeting with injury attorneys out of the phone book. That can be kinda of a crap shoot. I called one that a friend has used with success. Good Luck and I hope your sis is ok.

[almcbri]

Keep good records! and begin figuring expenses for everything! drive time to the chiroprator, Dr's, massage therapy-mileage and compensation for time spent at the Dr's instead of work. She missed work, which would involve compensation, etc. If you document well, Insurance companies will give you a better settlement when trying to settle a claim.
Don't let the Insurance companies push you around when trying to settle this case. Be firm and direct when dealing with Insurance companies.
Good luck! It sucks!

[Ummgawa]

Get referrals from someone for a very expensive lawyer in a Big time firm. Why? Because the Insurance Company will know that you mean business!! Bi outfits have contingency lawyers also, so don't be intimidated by the Hi rise offices and nice furniture. They pay rent by helping folks like yourself (and your sister)

[Smack_talker]

The first thing your sis needs to do is Get her own attorney and Dont talk to your ins adjuster

[TravisB]

Coming from insurance perspective.......we would rather deal with attorneys. And most BI reps are not intimidated by claimants getting an attorney, insurance companies have attorneys on retainer. What insurance are we dealing with?

As far as the cash you speant on maintenance.....unless it was major items i.e. trans, engine, rear end it will be considered normal maintenance and the car would be expected to be in running condition so they wont reimburse for smaller minatenance items. I do agree get an attorney and get some BI(bodily injury) money because you will probably loose money on the car. The at fault insurance will have to pay for her rental for a reasonable amount of time but if you draw out the claims process they can take her out of the car. If neede I can look up some california state laws on the car value and see what you can expect.

[TravisB]

The first thing your sis needs to do is Get her own attorney and Dont talk to your ins adjuster

She could talk to her ins adjuster! her insurance is not at fault.......but when the at fault insurance adjuster calls just tell them you will be getting an attorney and your attorney will send a letter of rep. That will be needed before the process can begin.

[TravisB]

If they aren't willing to cooperate, a threat to the state Insurance board is always a good way to get attention. !


This is a good way to make them laugh.......sorry but this doesn't work

[almcbri]

This is a good way to make them laugh.......sorry but this doesn't work

lol, alright man. You gotta be right. Seemed to work well in my case.

[TravisB]

lol, alright man. You gotta be right. Seemed to work well in my case.


well all it requires us to do is answer your complaint and usually we answer it to them the same way we do to you. It does create more paperwork for us but thats about it in the long run........I am glad it worked well for you though........and who knows in cali it may work real well:unibrow:

[mazspeed]

Hey guys thank you all for your advice. I will have her get an attorney as soon as possible, in fact already advised her on it. Thanks again guys for the advice. I will review all that's said and send it too her as what she should do.

[HILROD]

Also make sure you keep all the records and reciepts for anything done to the car. They have to add any recent work to the cost of the car. They may tell you different, but the adjusters will out and out lie.

[DriverzInc]

My lawyer friend is unbelievable. He's a criminal justice attorney. His phone number is 951-840-5865, and his hame is Reza. He owns his own firm, he'll take good care of you. He was very instrumental in incorporating my business, but he specializes in cases like yours. Call him, and tell him I referred you.

[TravisB]

Also make sure you keep all the records and reciepts for anything done to the car. They have to add any recent work to the cost of the car. They may tell you different, but the adjusters will out and out lie.

This is common belief......adjusters will lie that is. But basically most policys read the the vehicle is supposed to be good working condition and if it takes recent maintenance for it to be in this condition then we are not obligated to add any value to the car. There is room for additions to the settlement price if the engine, trans, or rear end have been replaced.......but these are usually the only concessions made.

[mazspeed]

This is common belief......adjusters will lie that is. But basically most policys read the the vehicle is supposed to be good working condition and if it takes recent maintenance for it to be in this condition then we are not obligated to add any value to the car. There is room for additions to the settlement price if the engine, trans, or rear end have been replaced.......but these are usually the only concessions made.

Well this is true but my sister is scared that she's going to lose out over this thing that was not her fault. She get's hit and injured by a drunk driver and their insurance company is going to cover next to nothing. That's certainly not going to fly with me at all. Ill pay for a lawsuit for my sister just despite what the insurance company thinks it's going to do, which is screw someone else.

[TravisB]

Hey good thinking.... Just assume you are going to get screwed! That's a good way to go into this.just remember you will not out attorney any insurance company be reasonable and get what you deserve if you go in with the attitude you have now you will lose!

[mazspeed]

Hey good thinking.... Just assume you are going to get screwed! That's a good way to go into this.just remember you will not out attorney any insurance company be reasonable and get what you deserve if you go in with the attitude you have now you will lose!

Yeah I think I have to go in thinking she's going to get screwed, but I have every intention of having an attorney sue the other party. I would normally not do this, but this lady was really drunk and physically fought with the police officers after the accident. So I won't mind screwing with someone like this, for what she has put my sister though. Plus I just put $3750 into her car to fix other problems, so now I'm mad.

[RussMS]

Your anger is justified. Drunk driving is never acceptaable. I would be mad as h3ll too.

Insurance companies will try to follow a standard operating procedure based on policy limits and NADA (or other standard values.) They will offer a settlement at some point if they have not already. If you do not feel as if you have been made whole (in roughly the same position as you were prior to the accident), don't accept it.

Sometime they will start with a lowball number. That is where the receipts can make a big difference. Try to get a list of all moneys spent for the maintenance you spent on the car, her original purchase price, and all the receipts you can to back it up. You may need this to support your position either in a negotiation or in court.

Be prepared to sue the insurance company and the driver for the difference between what they offer and what makes you whole. In many cases, to avoid the cost of the legal battle they will settle for an amount above what the original offer was. It may not be all you are seeking, but enough to avoid further hassle.

In the same way that they will low-ball the number, you may want to highball yours. That way if a meet in the middle compromise is worked out, you will be where you wanted to be in the first place.

Good luck to you and your sister

[TravisB]

Yeah I think I have to go in thinking she's going to get screwed, but I have every intention of having an attorney sue the other party. I would normally not do this, but this lady was really drunk and physically fought with the police officers after the accident. So I won't mind screwing with someone like this, for what she has put my sister though. Plus I just put $3750 into her car to fix other problems, so now I'm mad.


Has the insurance disclosed what her PD limits are? Does she have insurance? IF you could PM me more info about the settlement I can help you......

[Payton King]

but I am a State Farm Insurance agent and my wife use to be an auto claim adjuster. I deal with this on a daily basis. Some of the information you have received is correct and some is not. Each claim is different based on the merits of the case.

1. Don't be so quick to jump to get an attny. A claim is worth what a claim is worth. IE a $3000 car is worth $3000. An attny cannot get you any more money, he can however take 33% of your $3000 the that would have been paid anyway. Same thing on the bodily injury side.

2. As bad as it is to be hit by a drunk driver, the person is not anymore liable than if they were not paying attention and ran a red light. In other words, there will be no punitive awards for bodily injury just because they were drunk (they will not give you more money.)

3. Back on the car settlement...car is expected to be in good working order. If the vehicle is worth $3000 and you do $3000 worth of maintance on it...still worth $3000. State Farm will start with top NADA value and deduct for condition, mileage, etc. Most other companies do the same. They will also do a market survey sometimes, what that year, make and model is selling for in the area to arrive a price.

I do not know the extent of her injuries, but they will owe for doctor bills, follow ups, etc. She will be entitled to some pain and suffering but there is no rule of thumb on that amount. Depending on the company, they may not pay the bills until all of them have been submitted and she signs a release, so don't be shocked. Lots of other stuff in this category (bodily injury) but with out more info hard to get specific.

Personally, I would try and work it out with the insurance company first and only get a lawyer as a last resort. I have seen too many cases where the insurance company was going to pay $10,000, person gets a lawyer, they still pay $10,000, but the lawyer gets $3000 and the claimant gets $7000.

I would be happy to speak with you if you like and I will try and give you the best advice that I can. 704-846-7511 I feel for your sister and what she is having to go through.

Payton

[TravisB]

but I am a State Farm Insurance agent and my wife use to be an auto claim adjuster. I deal with this on a daily basis. Some of the information you have received is correct and some is not. Each claim is different based on the merits of the case.

1. Don't be so quick to jump to get an attny. A claim is worth what a claim is worth. IE a $3000 car is worth $3000. An attny cannot get you any more money, he can however take 33% of your $3000 the that would have been paid anyway. Same thing on the bodily injury side.

2. As bad as it is to be hit by a drunk driver, the person is not anymore liable than if they were not paying attention and ran a red light. In other words, there will be no punitive awards for bodily injury just because they were drunk (they will not give you more money.)

3. Back on the car settlement...car is expected to be in good working order. If the vehicle is worth $3000 and you do $3000 worth of maintance on it...still worth $3000. State Farm will start with top NADA value and deduct for condition, mileage, etc. Most other companies do the same. They will also do a market survey sometimes, what that year, make and model is selling for in the area to arrive a price.

I do not know the extent of her injuries, but they will owe for doctor bills, follow ups, etc. She will be entitled to some pain and suffering but there is no rule of thumb on that amount. Depending on the company, they may not pay the bills until all of them have been submitted and she signs a release, so don't be shocked. Lots of other stuff in this category (bodily injury) but with out more info hard to get specific.

Personally, I would try and work it out with the insurance company first and only get a lawyer as a last resort. I have seen too many cases where the insurance company was going to pay $10,000, person gets a lawyer, they still pay $10,000, but the lawyer gets $3000 and the claimant gets $7000.

I would be happy to speak with you if you like and I will try and give you the best advice that I can. 704-846-7511 I feel for your sister and what she is having to go through.

Payton


very very very well said..........

[Lcamino]

I had a pretty bad accident and I did learn some interesting things about the whole process.

1. As long as the driver pledes no contest it doesn't matter what happened, it cant be used against her in court (at least not for your civil case). The signed statement taken by the police however can be used in court.

2. I did get a lawyer but I had pretty extensive injuries, brain injury, fractured skull, several broken bones, etc It took over a year before anyone started paying any bills. The medical people want their money now! A lawyer can keep the bill collectors happy while you get your case sorted out. I agree with what was said earlier about the value of a vehichle. It is what it is and if that is the only issue than a lawyer probably wouldn't be much help. The other reason I got a lawyer was because no one was charged with the accident so I needed someone to prove who was at fault. I was not going to leave that up to some claims adjuster.

[tyoneal]

To All:

Another thing I thought I might add is:

When buying your insurence you need to make sure that you have plenty of PIP (Personal Injury Protection)

Many policys have $1500-$2500 worth. Whick wn't get you anywhere if you hav extensive injuries.

When I had a bad accident it took 13 months before I received a dime of insurence money. If you raise your PIP to $10,000 maybe as high as $30,000 will go a long way in helping make your short term bills while everything is getting organized finacially.

Also, make sure your policy is at least a 500/500/20,000<---(PIP)

Therefore if you are alone and you are hit by someone with 20k of insurence you won't go broke trying to get your life back together.

Many people have policys that are 100/300/(PIP) What that means is you have 300k worth of insurence, however it's a maximum per person of 100k with a cap of 300k for everyone inclusively.

Where as if your policy is 500/500/(PIP) if you are along you are covered for the full 500k. Most of my time in a car is spent alone, this makes sense.

I raised my levels from 100/300/1500, to 500/500/20,000. I raised my deductable from $1000 to $2000 and my premiums went down!!

Please check this out, it could have a profound impact on you if God forbid you are in a serious accident.

My bills quickly hit $400k and so far they are around $650k and climbing.

If you have acquired any assets to speak of you should also buy an "Umbrella" policy, which will save your butt if something terrible happens and you are sued. They are cheap and for $2,000,000 of extra insurence it only cost $200-$300 per year.

Anyone disagree with this??

I've been through a tough time and I had to learn the hard way. I think I've got things pretty well covered now.

Ty O'Neal

[Payton King]

The level of bodily injury really makes a huge difference in cases. In Lcamino's case you better get a lawyer and it sounds the same way in tyoneal.

I have people wanting to contact lawyers when there is no damage or minimal damage to their car. I guess they think if they get hit they just won the lottery.

Since I do this for a living I could go on and on on coverages and why. Just know that if you cause bodily injury or property damage to someone else, you are responsible for the damage whether you have enough insurance or not. IE. if you have $50,000 limits and do $400,000 worth of damage ,your insurance company will pay the $50,000 and the claimant will come after you for the rest.

[TravisB]

The level of bodily injury really makes a huge difference in cases. In Lcamino's case you better get a lawyer and it sounds the same way in tyoneal.

I have people wanting to contact lawyers when there is no damage or minimal damage to their car. I guess they think if they get hit they just won the lottery.

Since I do this for a living I could go on and on on coverages and why. Just know that if you cause bodily injury or property damage to someone else, you are responsible for the damage whether you have enough insurance or not. IE. if you have $50,000 limits and do $400,000 worth of damage ,your insurance company will pay the $50,000 and the claimant will come after you for the rest.


thats why you should always have enough insurance to cover your assets.:thumbsup:

[[email protected]]

but I am a State Farm Insurance agent and my wife use to be an auto claim adjuster. I deal with this on a daily basis. Some of the information you have received is correct and some is not. Each claim is different based on the merits of the case.

1. Don't be so quick to jump to get an attny. A claim is worth what a claim is worth. IE a $3000 car is worth $3000. An attny cannot get you any more money, he can however take 33% of your $3000 the that would have been paid anyway. Same thing on the bodily injury side.

2. As bad as it is to be hit by a drunk driver, the person is not anymore liable than if they were not paying attention and ran a red light. In other words, there will be no punitive awards for bodily injury just because they were drunk (they will not give you more money.)

3. Back on the car settlement...car is expected to be in good working order. If the vehicle is worth $3000 and you do $3000 worth of maintance on it...still worth $3000. State Farm will start with top NADA value and deduct for condition, mileage, etc. Most other companies do the same. They will also do a market survey sometimes, what that year, make and model is selling for in the area to arrive a price.

I do not know the extent of her injuries, but they will owe for doctor bills, follow ups, etc. She will be entitled to some pain and suffering but there is no rule of thumb on that amount. Depending on the company, they may not pay the bills until all of them have been submitted and she signs a release, so don't be shocked. Lots of other stuff in this category (bodily injury) but with out more info hard to get specific.

Personally, I would try and work it out with the insurance company first and only get a lawyer as a last resort. I have seen too many cases where the insurance company was going to pay $10,000, person gets a lawyer, they still pay $10,000, but the lawyer gets $3000 and the claimant gets $7000.

I would be happy to speak with you if you like and I will try and give you the best advice that I can. 704-846-7511 I feel for your sister and what she is having to go through.

Payton

The best thing to take out of that is
"a car is worth what it's worth"

Work with your agent, but I wouldn't bother with a lawyer. Very well written post above.

[mazspeed]

Thanks guys. Something I will relay to my sister. I did have her talk to an attorny from Jon Henson, but I'm not sure what she is going to do. I will copy and paste these posts for her though.

Thanks
Mike