Here in NJ, we have no-fault insurance system. In most situations, medical bills are paid by your own insurance company, no matter who was at fault. Only when there is a "pain and suffering" lawsuit (which must meet certain thresholds) does the insurance company go to battle.
(A recent example .... my 19 year old son, who is a college student but still officially lives at home, who does not have a insurance policy of his own (drives my vehicles) ..... was a passenger sitting in a car at a red light. Another vehicle crashes into the back of that car. So, he is not in my car, and it was the fault of still another car ... but, my insurance company paid his medical bills.)
Anyway, your insurance company will be defending itself/you against liability. My same son was in another accident when he was 17. The other driver got an ambulance chasing lawyer, and for 3 years now my insurnace company has said no to any liability payouts, keeping me informed of any legal proceedings. That other driver has changed lawyers 3 times, trying to wear down my insurance company's lawyers.
Insurance fraud is a huge problem, you insurnace company will not lay down. Have them explain the situation to you.
One other thing to keep in mind is that the other driver's insurance company may be trying to find out if you've claimed injury against your insurance so they can be prepared for you to file a claim against the other driver's policy. Happens a lot...testing the waters so to speak. The intersection cameras will be a big boost for you if they were functional at the time and the recording data, etc. was correct with regard to time, date, etc. I always keep a disposable camera in my vehicles just in case and my cell phone has a camera as well as being able to be used to record video. It's great to get a witness statement on video too.
Like others have said, retaining a good attorney now would probably be a good idea. In addition to other reasons mentioned above, an attorney can expedite the process of obtaining all of the field notes, diagrams, and witness statements the investigating officer has. Additionally, requests and / or subpeonaes for records from an attorney tend to get government wheels turning a little faster when retrieving data from the traffic cams. You may also want to mention to the attorney about getting any statistical data regarding accidents at that particular intersection that is available.
There are a number of things that an attorney can do that the layperson can't. Talk to your insurance company also and find out if they plan to use their attorney to represent you and the insurance company. More than likely, their attorney will only be looking out for the insurance company's interests and not yours so it would pay in the long run to retain your own. After all, you are looking out for your best interests and need to have an attorney that will do the same.
__________________ John
2005 F-250 SD Lariat CC 4x4 6.0 PSD Torqshift
2007 GMC Yukon Denali
Thanks a bunch for all he helpful input. If i haven't said it enough, I appreciate it. Found a list of attorneys in my area and will be back in touch with the insurance company on Monday. I'm a big fan of "c.y.a." Will keep you posted if anything gets weird. :-)
That'll be cool if it's available. If it is - use it. You pay for all of that with part of your tuition and fees every year anyway. What are you going to school for? (It can be tough to make time for school, work and women... or just one in my case... and then have to make extra time to put your rig back together.)
Like others have said, retaining a good attorney now would probably be a good idea. In addition to other reasons mentioned above, an attorney can expedite the process of obtaining all of the field notes, diagrams, and witness statements the investigating officer has. Additionally, requests and / or subpeonaes for records from an attorney tend to get government wheels turning a little faster when retrieving data from the traffic cams. You may also want to mention to the attorney about getting any statistical data regarding accidents at that particular intersection that is available.
That is going to cost ALOT of money.
Quote:
There are a number of things that an attorney can do that the layperson can't. Talk to your insurance company also and find out if they plan to use their attorney to represent you and the insurance company. More than likely, their attorney will only be looking out for the insurance company's interests and not yours so it would pay in the long run to retain your own. After all, you are looking out for your best interests and need to have an attorney that will do the same.
Aren't the insurance company's interests and your interests .... the same? That's why we have insurance. If you are found liable, its your insurance company that is going to pay the big bucks (up to the limits of your policy). The insurance company, with their contracted lawyers, are ready to go to battle for you (and them). As soon as you get them the accident report (some insurance companies will even go to the police themsevles and get an accident report if another driver's insurnace company has indicated their may be a liabilty claim against them), your insurance company will be dissecting that report --- to protect the policy (you).
Being that both had the same company, the insurance company's interest is in it's own best interest. They alone will be paying out to both sides if they can't find a way to get out of it. Their job is make money, not give it away.
I don't know how it is there, but we have lawyers who say on their commercials they only bill you if you win. Then they pad any settlements to take care of their end so they are sure to get it. It's worth talking to a couple anyway, just to have a feel for you like and who you think will work the hardest for you if you need them.
Aren't the insurance company's interests and your interests .... the same? That's why we have insurance. If you are found liable, its your insurance company that is going to pay the big bucks (up to the limits of your policy). The insurance company, with their contracted lawyers, are ready to go to battle for you (and them). As soon as you get them the accident report (some insurance companies will even go to the police themsevles and get an accident report if another driver's insurnace company has indicated their may be a liabilty claim against them), your insurance company will be dissecting that report --- to protect the policy (you).
Talk to your insurance company.
That's what I think anyway.
It won't necessarily cost a lot of money. Most attornies give free consultations if you look at their ads and / or take the time to do some research. On top of that, what price exactly would you put on protecting your family and your assets? You may be forgetting that any award above the coverage amount of the policy is coming out of the pocket of the insured. If you are insured to an amount of say $250,000 and the plaintiff is awarded $1,000,000, where does the additional $750,000 come from? Hmmm, let's think about it for a second. Bingo...the insured.
The insurance company is like any other money making venture...they're out there for profit and are not necessarily looking out for your interests....they look out for themselves. Every penny they don't pay out is a penny saved. They aren't just going to fork out cash because you've been a good customer all these years...they are going to save wherever they can...period. I've dealt with enough of them to know.
To the OP....bottom line is do you feel comfortable with the Insurance company looking out for you or would you rather look out for yourself. Remember, an ounce of prevention is worth a pound of cure.
__________________ John
2005 F-250 SD Lariat CC 4x4 6.0 PSD Torqshift
2007 GMC Yukon Denali
We both had Allstate, which is probably why the insurance adjuster came back with an estimate of about 50% what two local shops quoted me. They sent another person out to re-evaluate, but haven't heard anything yet.
That is typical of allstate, they screwed a lot of people here after katrina, and they try to stall for time and hope you get frustrated and take any settlement. They also send out more than one adjuster if you complain, and they pass the buck back and forth. There is no such thing as replacement cost, I had it and they depriciated my 2 yr. old house. If you have allstate homeowners ins. I highly recommend you switch in case you ever have to make a claim, I have spoke to many, many people here, and they all say the same thing.
__________________
2008 ford f-250 cc 5.4 super duty , raider hi rise camper top with thule ladder racks, front winch bumper top gun, rear bumper top gun,12,000 lb. winch, 98 gal. aux tank, on board 12 volt puma air compressor w/10gal tank and 50' auto hose reel,1000 amp 2nd battery,1,000,2,500,6,000 watt power inverters, 9" hid lights, running boards, air horns by hadley, xm radio, fac. 6 cd nav. center, air bags, cb,2-4'12volt flourescent lights in back.
Lots of advice here. Though I was a claims adjustor for GEICO .... both liabilty and auto damage ... I won't argue.
Be very carefull how you go about consulting with a lawyer ... you may lose legal representation from your insurance carrier (by law, not company policy) ... but I'm sure everyone knows that.
You might try talking to your insurance company first, after they have the accident info and examine it, to see what the situation is. You've already paid them to get what is contractually and legally yours. You can always get a lawyer later, after the insurance is done, if its needed.
Good luck to you ... and be very careful with a lawyer. Maybe you have an adjustor in the family, or friend of the family, that could guide you with the pitfalls of taking matters into your own hands, before it is the correct time to do so, and the truth about lawsuits.
Glad you were not hurt ... that must of been some hit.
Take your time for a settlement, all insurance companies go on the idea you need some wheels righ now. After about a month of you calling and what ever, they get tired of you not rolling over. It's happend a few times in my family. I usually came out more than I had asked for. But you do need a good statement from the officer.
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