• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

She was at fault

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jcshores

Junior Member
What is the name of your state? Florida

I will be as brief as possible. Understand that these will be the key points and I will leave information out. But, in a nutshell...
Sitting at a red light Sept 17, 2006, 2130 hrs. I was rear ended. She did not attempt to stop or swerve to miss me so it is evident she was either not paying attention or she had it in for me or my little Santa Fe. She WAS ticketed. She was also driving a car registered to a VERY large corporation and had just left a pool party, her swim suit was still wet. The trooper on the scene didn't feel as though she was drunk, just completely stupid (her words).
I sustained, head, neck, and lower back injuries as well as tingling and weakness in my right arm which all to this day still bother me. I al;so get frequent migraines directly related to the neck injuries. At this point I must tell you, I suffered from low back pain before the accident but comparison MRI's prove conclusively that the prior injury was aggravated.
On to the problem...I hired a law firm from 1-800-ASK GARY to represent me and other than their habit of taking days to return calls and emails all was going fine until recently when the attorney took over the case from the assistants.
They had told me from the beginning that once all was finished (Dr reports, therapy, etc) a file would be constructed and a "demand package" (DP) would be fwd'd to the opposing insurance adjuster. From there they would have 30 days from receipt of the packet to reply with an offer.
ON the 30th day, at my request, the atty called the adjuster's office and discovered that she had not only left on vacation but had turned over the "DP" to the company because the amount was too high for her authority. It has now been 42 days since they 1st received the DP and still no word. My atty hardly returns calls, will not "pester" anyone into an answer and accepts "we'll get back to you next week" from the opposition knowing they will not "get back" I needed a pit bull I got a ****er spaniel (no offense to spaniels!) that was my fault for choosing them BUT don't I the victim, deserve compensation, and doesn't my atty need to work for that? I have been out of pocket since November. All but $300 of my PIP went to expenses accrued during treatment and therapy, which means EVERYONE else has gotten paid but me, I received one check for $300 early on. They fixed my car, but that's it. And why would an insurance adjuster turn the case over to the insured (the company) for authorization? That makes no sense to me.
Sorry it went on so long but that is the basics and the meat of the matter.
Thank you all.
 


ecmst12

Senior Member
The adjuster would have had to turn the package over to her supervisor for approval, if it was too high for her to approve herself. The supervisor may not have gotten to it yet. Injury settlements DO NOT happen quickly, nor should you expect them to.
 

JustAPal00

Senior Member
You probably should have done a better job searching for a lawyer. The one with the biggest ad or the catchiest phone number isn't usually the best. He wants to settle out of court at all costs, and your best interest is not his best interest. It takes time and money to go to court, and his profit margin is better if he settles. The insurance company knows this and will drag it out as long as they can trying to force you into pressuring your attorney to settle for less.
 

ecmst12

Senior Member
In all cases, your gain is your atty's gain also. If you end up going to court, you lose money too. Your atty gets to recoup all his fees even before his contingency percentage is taken out - he loses nothing except time by going to court.
 

JustAPal00

Senior Member
ecmst12 that's not exactly correct! He will have to expend much more of his own resources to go to court than he would have to to just write a few letters and settle. A lot goes into preparing a case to take it to court that he will not be able to recoup if he has to go that rout. Sure he can recover his direct expenses but not his time and his staffs time. Their are PI attorneys that are known by the insurance companies as easy settles because they never want to get into court. That's why when you are looking for a PI attorney you need to do quite a bit of research, not doing so can be a very costly mistake!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top