Fender Bender... should i lawyer up?

[HotCarl]

Long story short, guy hit me from behind leaving a Kohls parking lot saturday afternoon. It was a relatively slow accident, more of just a bump really. Everyone was ok so there was no need to call the police. We exchanged information and went on our way. No less then two hours later their insurance agent calls me asking for information, what happened, if I was going to seek medical treatment, etc... I was vague on somethings because I wasn't sure if I should be talking to him.

 

My main concern is that the car is repaired, there is literally just some paint transfer so a new bumper cover would be needed. But I don't want to get fleeced here. Should I lawyer up?

[Clifford Automotive]

You were hit from behind. Did his insurance company confirm the hit during the conversation?

 

I would say he's gone beyond what most people do when they hit someone. He didn't need to contact his insurance company, unless he had plans to repair his vehicle through them.

 

So to answer your question.... No

[RC K9]

I would keep a medical claim open. Once you tell them no, you can't go back and do anything about it.

 

Did they admit their client was at fault? The last guy that hit me determined rather quickly that it was their client at fault.

 

Did you take pics of the scene?

[Flyin Miata]

I would keep a medical claim open. Once you tell them no, you can't go back and do anything about it.

 

Did they admit their client was at fault? The last guy that hit me determined rather quickly that it was their client at fault.

 

Did you take pics of the scene?

 

Not 100% true on that first part. You can say you aren't hurt the first day, but it's well known that you might not notice pain until a day or two after. If you call back and say you started noticing pain it isn't like they're just going to say "well you said no yesterday so we aren't going to pay now."

 

If you want to be safe, just say you'd like to take a few days to see how you feel and go from there. Lawyers generally only get involved in the injury portion of a claim, and if you just have some minor neck/back pain you can probably still handle it without a lawyer. Obviously the decision is yours.

 

If you have other questions, PM me.

[99ta]

I would keep a medical claim open. Once you tell them no, you can't go back and do anything about it.

 

Did they admit their client was at fault? The last guy that hit me determined rather quickly that it was their client at fault.

 

Did you take pics of the scene?

 

Not true. you can open a Bodily injury claim at any time. once you take payment or sign a release you can't go back.

 

no need for lawyer. sounds like its going as it should.

[HAOLE]

Working with PI for 15 years I would say more often than not an attorney will do nothing but cost you 33% of your case. There are exceptions to this however. If liability is in question or injuries are extensive, then a good PI attorney is worth his/her weight in gold. They attorney in the end will have a better chance negotiating with doctors and hospitals to lower bills, therefore freeing up more case for the injured party (and themselves).

 

Just keep in mind, couple of things. PI claims settle low for the most part. Gone are the days that you would see 3x medical bills. Now cases settle in the 1.5x medical bills. Of course nothing is set in stone. Much of the time the doctors notes, accident description and supporting evidence such as x-ray, MRI, CT, computerized ROM testing are critical in demonstrating injury.

 

Cases with low property damage are also used against the claimant. There is a false perception that property damage equates injury (The insurance companies exploit this misconception to the juries). With the construction of modern vehicles, they are able to absorb a great deal of force without much damage. This is due to the federal bumper impact requirements. This has a negative effect though. The energy that would be absorbed through ride down is transferred to the occupants causing increased injury at lower speeds. The up side is, the vehicles now are constructed to crumple at higher speeds in a controlled predictable manner. This means lives are saved. So in effect it is a trade off between increased lower speed injuries and saving lives at high speeds.

 

I will add this, if your not really hurt, dont go try to make a case out of nothing. This drives up insurance cost and can lead to fraud allegations. The insurance companies take that serious and may videotape you when you least expect it. If you are hurt, get yourself looked at.

[Mensan]

My main concern is that the car is repaired, there is literally just some paint transfer so a new bumper cover would be needed. But I don't want to get fleeced here. Should I lawyer up?

 

Working with PI for 15 years I would say more often than not an attorney will do nothing but cost you 33% of your case. There are exceptions to this however. If liability is in question or injuries are extensive, then a good PI attorney is worth his/her weight in gold. They attorney in the end will have a better chance negotiating with doctors and hospitals to lower bills, therefore freeing up more case for the injured party (and themselves).

 

Just keep in mind, couple of things. PI claims settle low for the most part. Gone are the days that you would see 3x medical bills. Now cases settle in the 1.5x medical bills. Of course nothing is set in stone. Much of the time the doctors notes, accident description and supporting evidence such as x-ray, MRI, CT, computerized ROM testing are critical in demonstrating injury.

 

Cases with low property damage are also used against the claimant. There is a false perception that property damage equates injury (The insurance companies exploit this misconception to the juries). With the construction of modern vehicles, they are able to absorb a great deal of force without much damage. This is due to the federal bumper impact requirements. This has a negative effect though. The energy that would be absorbed through ride down is transferred to the occupants causing increased injury at lower speeds. The up side is, the vehicles now are constructed to crumple at higher speeds in a controlled predictable manner. This means lives are saved. So in effect it is a trade off between increased lower speed injuries and saving lives at high speeds.

 

I will add this, if your not really hurt, dont go try to make a case out of nothing. This drives up insurance cost and can lead to fraud allegations. The insurance companies take that serious and may videotape you when you least expect it. If you are hurt, get yourself looked at.

 

He pretty much hit the nail on the head...For anyone looking for injury advice. However, since the OP wants advice on repairing his car, this advice is misplaced and useless. Like a chiropractor. Or anyone advocating that people refuse vaccinations for children.