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]

Originally Posted by Smack_talker

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]

Originally Posted by Andrew McBride

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]

Originally Posted by TravisB

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.