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Car accident, lawsuit?

Posted by Anonymous
  • 9 Replies

Ok, so I was in a car accident on Thursday. She ran a red light and hit me, completely destroyed my car. No extreme damage to me, some shoulder issues that will need PT and it looks like my eye socket is going to have to be x-rayed again, but aside from that lots of bumps and bruises.

Anyway, our insurance has been handling the legalities up until today. We didn't think she had insurance but they contacted us today because they found her policy and the insurance mentioned settling. The hospital and doctor bills are already getting high just in the estimates, so I'm thankful for that.

But the problem is the car. We purchased a vehicle that was made in the same year, has a near identical KBB value, and has nearly the same amount of miles that our vehicle had at the point where we were before the car was totaled. When we purchased our car, we had less credit open and were able to get a great interest rate on the loan. On this car, we now have a second loan and a mortgage, so the interest rate was higher, that and the sale price of the car ended up putting us in a loan nearly 10K more than our original loan.

A lawyer friend of mine brought up the possibility of suing for the remaining loan cost considering the new car loan would have been completely unnecessary had she not hit our car (recent service records from last month show our car was still in pristine condition, as we have it checked and serviced regularly). She's not a traffic attorney, she deals in criminal cases, but she said she remember overhearing something similar happening in a friends case.

Obviously we have yet to retain an attorney, everyone I've had the chance to speak too wanted me to get the police report and go to my follow up appointments before retaining them to make sure that it was necessary. I'm just curious if anyone has heard of or been through something similar.

Posted by Anonymous on Mar. 17, 2014 at 7:42 PM
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Replies (1-9):
by Anonymous 2 on Mar. 17, 2014 at 7:43 PM
Lawyer up. Like yesterday.
by Anonymous 2 on Mar. 17, 2014 at 7:45 PM
1 mom liked this
And erase this shit if you're about to start a lawsuit.
by Anonymous 3 on Mar. 17, 2014 at 7:47 PM
.Get a lawyer ASAP and do not under any circumstances talk to her insurance. They can make it sound like you settled even b4 your bills are paid. I repeat call a lawyer
by on Mar. 17, 2014 at 7:48 PM
You can take it to civil court but even if it rules in your favor doesnt mean she will pay.

Good luck.
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by on Mar. 17, 2014 at 7:51 PM

 I have. I would say get a good auto accident attorney and see if you have a case befoe you settle anything. Don't say anything to the insurance companies until you speak to an attorney.

by Anonymous 1 - Original Poster on Mar. 17, 2014 at 7:51 PM

As I said, we already spoke to lawyers. We have one that we plan to work with but we didn't even get the official police report until today, so we couldn't retain without one. The lawyer we spoke too didn't want us to retain them until we saw what kind of cost we were looking at versus what the insurance wanted to settle for because their fee is 1/3 of the settlement cost (as are all other accident attorneys here). She wanted us to be sure we actually needed to sue the insurance for a larger settlement. I'm only getting the estimates and everything in today, and we still haven't heard from her insurance on what they want to offer in regards to a settlement. So I've been waiting to call back until I had all the info she requested.

Quoting Anonymous: Lawyer up. Like yesterday.

by Gold Member on Mar. 17, 2014 at 7:52 PM

  Get a lawyer who specializes in Bodily injury.  Do not try anything without legal help.  Get a copy of your policy copied and give to your lawyer.  Do not talk to the claims without a lawyer.

by kid crack dealer on Mar. 17, 2014 at 7:52 PM
Your loan & credit issues aren't the other party's problem. You are supposed to be paid for the vehicle's worth & your injuries. If the insurance is already paying those things, a lawyer won't want to mess with it because there's nothing in it for them & even if you do find a lawyer to take it, you could end up in the hole since you would have already gotten what you were entitled to & if they only get you the same as you were going to get minus their fee, you just lost money. I've seen many people end up on the losing end trying to get more than they are entitled to.
by on Mar. 17, 2014 at 7:56 PM
Are you not letting your insurance deal with her insurance? They will fight for you without retaining a lawyer. If the try to low ball you, that's when you get a lawyer.
Additionally, they can't settle with you until you sign stating you accept their offer. It has to be in writing, not verbal. So they can't do anything or claim you settled, contrary to what other posters have said.
I'm sorry you were in the accident. Best of luck to you.
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