Auto accident question - laywer or no?
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Elder User
Joined: Jun 2004
Posts: 513
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From: Zimmerman, MN
Auto accident question - laywer or no?
Howdy all,
Was rear-ended last Thursday by a drunk driver. Wife's car totalled (96 chev corsica).
Questions for the crowd:
- Although neither of us were injured to the point of needing medical attention at the scene, should be get a laywer? He has insurance.
- Anyone ever attend the court hearing for someone that hit them? He was 3 times the legal limit, second DUI, and fled the scene of the accident (possible felony here in MN).
Would love to hear back from others that have gone through this.
Was rear-ended last Thursday by a drunk driver. Wife's car totalled (96 chev corsica).
Questions for the crowd:
- Although neither of us were injured to the point of needing medical attention at the scene, should be get a laywer? He has insurance.
- Anyone ever attend the court hearing for someone that hit them? He was 3 times the legal limit, second DUI, and fled the scene of the accident (possible felony here in MN).
Would love to hear back from others that have gone through this.
Elder User
Joined: Jul 2005
Posts: 966
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From: Hudson Florida.
I'm 99% sure he'll get substantial trouble without needing a lawyer in the mix to deal with him. if he's got insurance, thats a good thing, his rates are gonna go through the roof, if they dont terminate his policy after this one.
Fleet Mechanic
Joined: Aug 2005
Posts: 1,689
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Is there any way you can go to the doctor and get AN 'injury' checked out? Maybe get the wife some therapeutic massages for a few years to deal with the accident? If it was a normal accident, i would never think about trying to get everything out of a person, but for a drunk driver, i would do everything in my power to get every dime of everything they ever owned. My parents used to do paralegal work and knew a whole list of doctors and chiropractors that would work up nice injuries for some of these types of situations. There is no excuse to willingly put everyone's life in danger because of drinking. I have been drunk a few times, and NEVER thought to myself "hey, i can hardly stand up, i think ill just go ahead and drive home". Its unacceptable and inexcusable.
Last edited by ag-ford-4x4; Dec 19, 2005 at 12:50 PM.
Posting Guru
Joined: Jun 2004
Posts: 1,371
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From: just outside of Phila.
ag-ford's right....I say burn him. Don't go in looking for millions, maybe just your car's worth. Someone like this doesn't deserve anymore breaks, since God already made sure he lived through the accident. Glad to hear everyone is OK, but this guy learning his lesson now may save someone else in the future.
Elder User
Joined: Aug 2003
Posts: 621
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From: near pittsburgh pa
Originally Posted by ag-ford-4x4
Is there any way you can go to the doctor and get AN 'injury' checked out? Maybe get the wife some therapeutic massages for a few years to deal with the accident? If it was a normal accident, i would never think about trying to get everything out of a person, but for a drunk driver, i would do everything in my power to get every dime of everything they ever owned. My parents used to do paralegal work and knew a whole list of doctors and chiropractors that would work up nice injuries for some of these types of situations. There is no excuse to willingly put everyone's life in danger because of drinking. I have been drunk a few times, and NEVER thought to myself "hey, i can hardly stand up, i think ill just go ahead and drive home". Its unacceptable and inexcusable.
I would talk to police and make sure they know of all his past and to make sure they press the law to the fullest!
You should be compenstated for your car, if any legit injuries they should be taken care of. Trying to make him pay for his drunkness is the laws job! If you fake anything to hit "him in the wallet" can turn out to be fraud! Jail time for you! Maybe you will share cells with him, beating the snot out of him will probably mean more time for you.
Insurance companies I have found to be very fair, I would always listen to what they are going to do before calling a lying, cheating,,,,er I mean lawyer!
I do not agree to drunk driving and if he is not handled properly, join MADD or like groups and get the laws changed with enforcement!
You didn't really say why you thought you should get a lawyer. What do you think you will gain with one?
Senior User
Joined: Oct 2005
Posts: 140
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Most insurance companies anymore have a "under the intoxication of alcohol or other un-controlled sustance" clause. What that means is if they are drunk or high on narcotics (NOT prescribed), then they will not cover the situation. If this is indeed his 2nd offense, he will probably get jail time & here in the state of Michigan, the only insurance he will be able to get is thru the state itself. That insurance is VERY expensive. I would check to see if the other driver did have that clause before I contact a lawyer.
Post Fiend
Joined: Jul 2003
Posts: 11,945
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From: Spokane, WA
He may need a lawyer for the ticket portion of his accident to avoid losing his license and all that fun stuff. His insurance company will take care of you just fine. As was mentioned, make sure you at least go in for a doctor's inspection if you haven't already. If you have PIP coverage take your policy number and claim number in, they will pay for everything and then get reimbursed via his insurance. If medical problems arise from the wreck later you could be entitled to a settlement for pain and suffering. That may be the point where you'll want to get a lawyer, if his insurance company does not want to compensate you in a resonable manner for the injury sustained from the accident. My experience, however, has been that often times the lawyer will get more money from the insurance company but the extra dollars go in his pocket. You can sometimes settle out of court with the insurance company with no lawyer involved and get about the same amount of money. It will really depend on the degree of your injury, if any.
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Senior User
Joined: Dec 2005
Posts: 433
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From: Houston, TX
Echoing others thoughts - lawyers take a large chunk of any money they generate. Unless the insurance company is being extremely unreasonable you don't need one. Insurance companies expect to pay out claims and usually do a decent job of doing just that. Take a firm, but polite, stance on what you feel your damages are worth and as long as it is reasonable you should have no problem getting it. How do I know? I work for an insurance company, I do property but have friends that work on the auto side. It's not our money and we don't mind paying it out as long as it is reasonable. Good luck.
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Elder User
Joined: Jun 2004
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From: Zimmerman, MN
Hey dkstuck,
I hope you aren't assuming something here that wasn't written by me. If you are, we all know what "assume" will get you.
As far as getting a lawyer, I want to make sure that we're covered for anything we may need, now and in the future. 5 months from now I don't want to find out my back is screwed up from the accident, and not be covered. Spending time dealing with insurance companies, police departments, et al, should that also be covered as time I will not get back? I would like to think so seeing as how it was his stupidity and general disregard for life (his and anyone else he may have hit) that created this issue.
I hope you aren't assuming something here that wasn't written by me. If you are, we all know what "assume" will get you.
As far as getting a lawyer, I want to make sure that we're covered for anything we may need, now and in the future. 5 months from now I don't want to find out my back is screwed up from the accident, and not be covered. Spending time dealing with insurance companies, police departments, et al, should that also be covered as time I will not get back? I would like to think so seeing as how it was his stupidity and general disregard for life (his and anyone else he may have hit) that created this issue.
Posting Guru
Joined: Oct 2001
Posts: 1,509
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From: Northern Massachusetts
if you have full insurance on your car then go through your insurance company as his will try to cheap you out! that's why we pay insurance, let the companies haggle out the money!
Elder User
Joined: Aug 2003
Posts: 621
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From: near pittsburgh pa
rangerxlt02, not saying bad on you. If you think injury may have been had, get it checked out. I was not there. I would not find a doctor to work out a injury for you, just your family doctor, and go from there. I am no doctor, but think if injury did occur, you would've felt it by now.
Lawyers have for the most part, their wallet at best interest! TXPSD said it the way I feel. As long as insurance handles you well, no need for a lawyer. No expert here either, but if way down the road something crops up, it will be hard to prove from this inncident.
I do not like drunk drivers, and have called police to report such driving!
Glad you did come through accident ok. And this drunk driver does need to be dealt with for sure, with 3 times the limit and second time, he is a problem!
Lawyers have for the most part, their wallet at best interest! TXPSD said it the way I feel. As long as insurance handles you well, no need for a lawyer. No expert here either, but if way down the road something crops up, it will be hard to prove from this inncident.
I do not like drunk drivers, and have called police to report such driving!
Glad you did come through accident ok. And this drunk driver does need to be dealt with for sure, with 3 times the limit and second time, he is a problem!
Post Fiend
Joined: Jul 2003
Posts: 11,945
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From: Spokane, WA
Originally Posted by dkstuck
I am no doctor, but think if injury did occur, you would've felt it by now.
I was in a car that got rearended about 5 years ago. The damage to the car was fairly minimal but I had some intense pain in my neck for a couple years. It took a LOT of treatment to get things back the way they were before. 2 weeks ago I got slammed by a semi. Now I've got nerve damage in my left arm. These things are never fun, just take your time and make sure you're okay. You don't want to get stuck with the medical bills down the road for an injury someone else caused you.
Senior User
Joined: Dec 2005
Posts: 433
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From: Houston, TX
Jake, if this sounds condescending, I'm sorry, it's not meant to be. I think you are confusing the two aspects of our court system: civil and criminal. Yes, the drunk will have a lawyer, to fight the criminal charges filed by the district attorney and to try to weasel out of the jail time he deserves. This would have no bearing whatsoever on rangerxlt02 at all. He will be settling with the drunk's insurance company and likely will not need a lawyer to get a fair settlement. If for some reason, however, the insurance company is not negotiating in good faith then rangerxlt02 may need a lawyer to to negotiate with the company for him with the last resort being to go to civil court. In that case the drunk and his lawyer would not be involved in any way shape or form. Just a little FYI from your friendly neigborhood ex-cop and current insurance adjuster.
Post Fiend
Joined: Jul 2003
Posts: 11,945
Likes: 3
From: Spokane, WA
As long as the DUI driver was insured his lawyer will have nothing to do with this. The lawyer that he personally retains will be for the tickets, fines, etc that are related to his drunk driving. Assuming the DUI driver was cited and found responsible for the collision RangerXLT should never have to talk to that driver again or deal with him, lawyer or no lawyer. Now it is between him (RangerXLT) and the drunk's insurance company. They will reimburse you for the vehicle and medical bills associated with the accident. If you sustain injury and seek financial compensation then the insurance company's lawyers may become involved at which point you'd have to deal with them or get your own attorney and let him deal with them.