will ins co. stonewall when lawyer involved?

[keniz138]

What is the name of your state?

Rhode Island

Wife was rear-ended in cut & dry high speed collision. Car is totalled, her neck and back are hurting and she is currently receiving PT.

A few days ago, she was really feeling like she was getting the run-around from the other party's insurance company...so she contacted a PI attorney that she will be meeting with shortly.

In the meantime, the other party's insurance company has contacted her and informed her that they will be accepting full liability.

Question: Does getting a lawyer involved at this point "gum up the works" or does it help things go more smoothly in terms of being adequately compensated for things such as lost wages, physical therapy, etc...?

[teflon_jones]

Getting the lawyer involved is going to cost you more than you receive. Your wife is not going to get much, and the lawyer is going to take a big % of that! If you haven't signed any agreements with them yet, cut them out of the equation.

[Lynx 36]

I agree, this injury won't net you much in the way of pain and suffering. A lawyer will take a 1/3 of that if they are involved.

[keniz138]

hmmm....if an attorney works on a contingency basis of 1/3 of pain and suffering....how is this going to cost more than we receive? Arent things like property damage, lost wages, rental car, PT payments all separate from pain and suffering? just curious.

and I don't think my initial inquiry has been addressed yet....?

[Lynx 36]

Quote: "Arent things like property damage, lost wages, rental car, PT payments all separate from pain and suffering? just curious."

Maybe, maybe not. It depends on what your lawyer is handling here. Car rental fall under property damage. Lost wages, pain and suffering, and medical bills are paid under the bodily injury section of the policy. This is the area most lawyers will handle.

I've settled w/ people where they still owe meds b/c their atty took 1/3 of their settlement and it wasn't enough to cover all their bills. Since you now have an atty, the insurance company, instead of paying you, will send the check to your atty to make sure they get paid first, then whatever is left the atty will then pay you.

Sorry but whiplash and muscle soreness is very minor and won't get you much f/ pain and suffering. I wouldn't get greedy or your about to see the dark side of hiring a PI atty f/ minor crap such as this. Your call though.

[keniz138]

Not being greedy...situation with other ins. co. appearing nebulous....protecting interests. Believe me, not looking for a handout.

[teflon_jones]

Originally Posted by keniz138

hmmm....if an attorney works on a contingency basis of 1/3 of pain and suffering....how is this going to cost more than we receive? Arent things like property damage, lost wages, rental car, PT payments all separate from pain and suffering? just curious.

and I don't think my initial inquiry has been addressed yet....?

What I was trying to say is that you're not going to get very much for pain and suffering, so why bother involving a lawyer and give them 1/3 of that not very much? The other things you list are all represent bills that you'll have to pay, so it's no money in your pocket. So considering that you'll get very little for P&S, and the lawyer will take 1/3 of it, you're going to end up with less than if you don't involve the lawyer. From the extent of your wife's injuries as you've represented, you'll be lucky to get a couple of thousand for P&S.

[Emperor's_Spork]

My state: Massachusetts

I think the intent of the first question is, will the inclusion of a lawyer generally encourage insurance companies to speed things up or stonewall and deny. Assume for arguements sake, the lawyer is a brother-in-law, and will not be taking any fee at all...as in my case.