My wife was recently involved in a traffic accident. She was doing between 65-70 mph. when a couple in a pickup crossed the interstate wihtout yielding. She smashed right into their side. Almost killed the couple in the pickup. My wife received a dislocated elbow, sprained wrist, and lots of deep bruises from the seat belt. The couple in the pickup did have insurance so I suppose that they will pay for all the damages and medical bills. Neither one of us have ever been in a two car collusion before so we are not sure just what all to expect from their insurance. So I guess my question is should we hire a lawyer? Is there a set amount the insurance company can give or will they try to get by with as little as they can? I've heard of people that received 40, 50 thousand dollars due to an accident, but I didn't know if that came from the insurance company or the people at fault. I wouldn't mind taking that much from a insurance company but I don't think I would personally sue the people at fault for an accident that almost took their lives. Anybody out there know how this works?

-- r.h. in okla. (rhays@sstelco.com), October 07, 2001

Answers

By ALL MEANS, hire an attorney. And actually, you won't even have to hire one ... there are many that will take the case and receive a percentage of the settlement. Concerning the settlement, it's the insurance company that will be paying, not the couple, and you can bet the insurance co. will try to get out of it with as little pay- out as possible. If you haven't already, DO NOT sign anything without the advice of an attorney. We've been through this a couple times and wouldn't think of approaching any kind of a settlement or signing anything without a lawyers adivce. Hope that helps - good luck! Glad to hear you and yours are okay and that the other people involved made it, too.

-- Phil in KS (pemccoy@yahoo.com), October 07, 2001.

r.h., Phil gave you great advice. The only thing I might add would be to do some research on hiring an attorney who does this kind of work on a regular basis. Ask around for referrals. I'm glad everyone's OK. I hope this helps.

-- Gary in Indiana (gk6854@aol.com), October 07, 2001.

I have been a paralegal for 15 years. Our firm specialized in bankruptcy and personal injury so I know from which I speak. With those types of injuries you definately need to hire an attorney. Here's why:

How much money is available depends on two things. First, how much coverage the other driver has. When you purchase insurance you have a maximum amount that it will pay. Most people tend to only carry $10,000 to $20,000 worth of insurance (which is way too low). That means that if the other driver only carried $10,000 that would be the TOTAL amount of claim you could recieve for medical payments, loss of wages, permanant injury, etc. However, here is the catch....they will not tender that amount automatically. You have to be treating regulary with a doctor and even then, they often will only pay a portion of the medical bills. You have to "prove" the amount of medical bills totals that amount. Often the insurance company does not feel that the doctor's treatment was "nesessary".

Secondly, the other person also has to have coverage available for repairs to your car. If the adjuster totals your car and your car is not paid for you may have some problems because 9 times out of 10 the "Blue Book" value of the vehicle is not enough to pay the loan off. The Blue Book is all the insurance company has to pay.

Thirdly, you may have money available from your own insurance company if you carry unisured motorist. Most people think that unisured motorist pays only if you are hit by someone who does not have insurance; however, what people don't know is that it is also "under" insured motorist coverage. Anyone out there who doesn't have this, really should call thier agent and get that coverage! Very important. Let's say your medial bills come to $16,000 and the other person only has insurance up to $10,000. Your insurance company will pay the other $6,000. It will NOT, however, if you don't have "unisured motorist" coverage.

All the foregoing is just an overview. It is very very complicated and you really need an attorney because the insurance companies are not just going to turn over the money or pay your bills. You will need someone to fight for them.

Very important, remember this: NO insurance company (even your own) is on your side!! They may seem real nice and wanting to help, but thier job is NOT to part with one dime they can hang on to! If your injuries seem bad, as your wife's do, then the insuarance company may offer you what seems like a large cash settlement early on. Do NOT accept it!! You will be so surprised at what shows up later on and no insurance company will pay for future medical after a settlement.

Another thing, is that you hear of people being sued. In general, except in uninsured motorist cases, the insurance company is NOT the one sued, it is the individual who hit you. Thier insurance company will hire an attorney and funds from thier insurance company will be available (up to thier policy amount); however, if you win the lawsuit, you have to collect against the person who hit you. This is very very difficult. That person would have to have assets you could get. In most states, your homestead property and anything jointly owned is not attachable. It all sounds good on paper, but in reality, in most instances unless you are hit by Bill Gates, you won't see ANY money other than from the insurance companies and remember - they aren't parting with it! That is why you need the attorney!

You will be so surprised at how the medical bills mount up! You are also entitled for compensation for any permanant impairment you recieve. Despite what you hear, most states don't recognize "pain and suffering" or limit the value of it.

Remember this also. The process of getting a settlement is VERY VERY VERY slow!! When you hire an attorney, there is a process that needs to take place and it is painfully slow because you don't want to accept any settlement until you know what your full injuries are (which is when you reach MMI - maximum medical improvement). MMI can occur in 4 month for some people or not for a year or more in others - especially in instances of broken bones where therepy is needed. Also, negotiations take a long time. Don't be surprised if the process takes a year to 3 years.

As I said, the whole process is VERY complicated and you really need the advise of an attorney. Don't take advice from ANYONE else. Everyone's experiences are differant and every insurance company is differant! Don't listen to this one or that one. Even the advice from a paralegal is not "legal advice". Remember, only an attorney can give legal advice. Get professional advice. It will not cost you anything to speak to an attorney. And don't hire an attorney who wants any money up front at any time. Most all personal injury attorneys work on a percentage basis (usually in the neighborhood of 33-35%) of your total settlement. But remember, you will be getting much more of a settlement than you would have without the attorney.

The thing to watch when you hire your attorney is the "costs". An attorney is charged for every medical record he requests (sometimes costing over $100 or more), has expenses in long distance calls, deposition fees, etc. Those costs can add up. Keep checking with your attorney on how high the costs are getting. Those costs are in addition to the attorneys fees. A ligitimate attorney will only charge you back his actual costs. Beware of attorneys who try to make a profit on the costs. The attorney you choose should have a good track record of good size settlements without going to trial; however, should have significant trial experience in case that becomes nessesary.

Lastly, it is also IMPERATIVE you don't give any information to the other insurance company other than the facts and avoid a recored statement until you see an attorney. Even to your own insurance company. If you must do this, be very generic in your answers. Be sure and say things like, "well, I had a dislocated elbow, sprained wrist, and lots of deep bruises from the seat belt, but I may also have other injuries yet to be determined".

Best of luck and I hope your wife improves soon!

-- Karen (db0421@yahoo.com), October 07, 2001.

r.h.....my son had the same exact accident but a 40 MPH. Car totalled and injuries for 3 young men. Heres how the math worked out for him. He lost a 2 yr old honda civic which was barely broken in. He had payed 3000 down along with 24, 203 dollar payments (8000 so far). He put 2000 down on a replacement vehicle , and the new payment fo 60 months will be 230 (30 additional per month.) Thats 5500 for 2 years at 230 per month to get back where he was, and another 1100 (30 times 36)to pay extra to pay off the loan. This is over 16,000 more for him to pay than he would have had this youngster not pulled in front of him. You better bet he neede a lawyer, and yes they will have to sue the other driver. Unfortunately this is the only way for him to recover. Good luck to you.

-- rick K (rick_122@hotmail.com), October 07, 2001.

WAIT a minute!!!!! What makes you intitled to anything beyound the replacement price of the car, medical, lost wages and incdental cost.

You dont have a right to some big dollar payoff because you were in an accident. You should be sure that your car is covered, a rental car in the interm. You should make sure that ALL (including any dectables) your medical bills are met and make sure there are no issues that could be long term. Doenst sound like it from the injuries you described. You should also be paid for any lost wages while your wife is recovering and maybe even some of your wages if your taking time off to take care of her.

YOU DONT have a right to money for being in the accidents. This is the problem with the US, why you pay thousands of dollars a year in, insurance. People seem to think they are entited to a big dollar payoff.

The fact that the other couple almost died should not affect what you get

I hesitate to say hire an attorney, because they will want to due nothing but sue for all they money they can milk out of the insurance company and couple. The inssurance company however tend to give you so little and taking so long to get anything done that you may have to. Wait to see what the offer is from the insurance co. Then before you sign get an attorney to know what your signing.

-- Gary (gws@redbird.net), October 07, 2001.

Hmm...

Sounds like Gary works for the insurance industry, who incidentally will not hesitate to screw you out of every penny that you may have coming.

According to Gary your pain and suffering, inconvenience, possible time off work and so on have no value (this is only good for the bottom line profits of the insurance company).

Judging from what you have posted it is fairly obvious that you need some help in knowing what your rights are here. For instance you do not have any way to know if your wifes injuries will heal completely and properly. If they do not she has a right to compensation for that. The only place that you can get the proper legal advice is from a lawyer, the sooner the better.

Forget about what you may heave heard, forget about what we say on countryside, and for gods sake forget about what Gary has to say, and just get a real lawyer right now.

-- Ed Copp (OH) (edcopp@yahoo.com), October 07, 2001.

Gary doesn't have to work for an insurance company to protest the fact that we live within a corrupt SYSTEM. And, yes his solution to receive compensation only for damages is just. When I was a young driver hardly anybody had insurance. People settled up as best they could and were moral about it.

However, today we are caught in a system of third party security (insurance for everything) and third party fighters (lawyers). Things are not settled individually much less morally anymnore. So yes, a lawyer is required. And since you can't depend on an insurance company to settle justly, more has to be fought for than would otherwise be required. The process has to be followed. Its an expensive an unjust, immoral process. The insurance companies were corrupted, the legal systems is obviously corrupted, and it follows that our own mindsets change to accomodate to the corrupt system.

Get a lawyer. Get what you can. Charge all your bills, lost time, car replacement, etc. against whatever settlement you get. If at the end of the day there is money left over one can return the balance to the insurance company or give it to your church. That would really be hard to do but it would be a moral act.

WAIT a minute!!!!! What makes you intitled to anything beyound the replacement price of the car, medical, lost wages and incdental cost. You dont have a right to some big dollar payoff because you were in an accident. You should be sure that your car is covered, a rental car in the interm. You should make sure that ALL (including any dectables) your medical bills are met and make sure there are no issues that could be long term. Doenst sound like it from the injuries you described. You should also be paid for any lost wages while your wife is recovering and maybe even some of your wages if your taking time off to take care of her.

YOU DONT have a right to money for being in the accidents. This is the problem with the US, why you pay thousands of dollars a year in, insurance. People seem to think they are entited to a big dollar payoff.

The fact that the other couple almost died should not affect what you get

I hesitate to say hire an attorney, because they will want to due nothing but sue for all they money they can milk out of the insurance company and couple. The inssurance company however tend to give you so little and taking so long to get anything done that you may have to. Wait to see what the offer is from the insurance co. Then before you sign get an attorney to know what your signing.

-- Gary (gws@redbird.net), October 07, 2001.

---------------------------------------------------------------------- ----------

Hmm... Sounds like Gary works for the insurance industry, who incidentally will not hesitate to screw you out of every penny that you may have coming.

According to Gary your pain and suffering, inconvenience, possible time off work and so on have no value (this is only good for the bottom line profits of the insurance company).

Judging from what you have posted it is fairly obvious that you need some help in knowing what your rights are here. For instance you do not have any way to know if your wifes injuries will heal completely and properly. If they do not she has a right to compensation for that. The only place that you can get the proper legal advice is from a lawyer, the sooner the better.

Forget about what you may heave heard, forget about what we say on countryside, and for gods sake forget about what Gary has to say, and just get a real lawyer right now.

-- Ed Copp (OH) (edcopp@yahoo.com), October 07, 2001.

-- charles (clb@dixienet.com), October 07, 2001.

Sorry Ed, and R.H., but I'm with Gary on this one. R.H. states in his post that "I wouldn't mind taking that much from a insurance company but I don't think I would personally sue the people at fault". Well, you are either entitled to compensation or you are not! Going after the insurance company just because you think that they have deep pockets in unconscionable. Yes, your wife should have ALL of her medical expenses covered, including any in the foreseeable future, so if you think there is even a chance that she will need ongoing care then you should not settle now. Although, from your description, a "dislocated elbow, sprained wrist, and lots of deep bruises" does not sound like something that will have long-lasting effects on her health, but hey, I'm not a doctor. Your wife should be compensated for repairs to or replacement of the vehicle she was driving, as well as any out of pocket expenses incurred while she is without a vehicle (car rental, etc). And, as Gary said, your wife should be compensated for any lost wages she might suffer. BUT THAT'S IT!!! Insurance is NOT an entitlement, it is NOT the lottery or the sweepstakes, and it is NOT intended for people looking to profit from accidents. It sounds as if this was truly an ACCIDENT, so why would you turn around and sue some poor couple who by your own admission almost died in it? I would think that you would be so thankful that no one, your wife included, was killed that you would just get on with your lives and forget about tying to profit from this incident. Yes, hire a lawyer if you think you need help collecting what you are legitimitely due, but forget about the rest. All people like you do is drive up the insurance rates for the rest of us who are responsible, because believe me, at the end of the day, the insurance company will make their profit no matter how much they pay out in claims- they simply make up the difference in higher premiums. Actually, your attitude seems at odds with that which one usually associates with homesteaders and self-sufficient people- that of self-reliance, pride, integrity, honesty, morals and values, etc. If you need money, go get a job, but please forget about trying to milk the insurance company. I sure hope that you do not find an attorney who encourages you to go ahead with this nonsense, though I am sure there are plenty ot there who would.

-- Elizabeth (ekfla@aol.com), October 07, 2001.

Elizabeth,

AMEN, agree with you completely. If you want to win the lottery, buy a ticket, don't try to screw someone else to get it.

Talk to you later.

-- Bob in WI (bjwick@hotmail.com), October 07, 2001.

Been through this scenario too. A word to the wise. Yes you need an attorney to insure that you get what the law says you are entitled to as the insurance companies will not willingly part with a dime. They'll look for all the loopholes. Also be very careful what attorney you select. Not all are honest. When my family was hit (and we were parked at the time so there was no doubt who was at fault) we had the insurance company (our own insurance company) pay two separate attorneys off under the table leaving us high and dry without even our medical bills paid. It wasn't until by the grace of God we encountered a third attorney who was willing to untangle the mess that we got any compensation and by that time the statute of limitations on my husbands and my claims had lapsed as the previous attorneys did not properly file things in a timely manner. My daughter is the only one to recover for her injuries and got her bills paid. We ended up bankrupt from unpaid medical bills. It has taken us a lifetime to recover as we both had quite serious injuries. This is the reason I have become involved with PrePaid Legal Services as that is the only organization I've found that puts a system of checks and balances on the attorney so he has to do his job properly. Once bitten, twice shy I guess. I'll get off my box now, thank you. Wish you and your wife well. And yes injuries can show up years later if they involve pinched nerves. By the way, it took us 12 years before we got that settlement for our daughter. keep on trucking.

-- Sandra Nelson (Magin@starband.net), October 07, 2001.

The problem is that the insurance companies generally will NOT pay for all the medical bills, repairs on your auto, and lost wages. It is not screwing someone, it is just getting compensated for your loss. If you have a permanent injury - in other words, you are not physically the same as you were before the accident (can't function in your job, constant pain, etc.) why do you think you should not be compensated for that. All those who think you are screwing someone else obviously have never been seriously injured in an accident.

I am no advocate of getting more than your injuries - after all, it is an "accident". No one woke up that day and decided to injury someone else; nonetheless, you don't know what it is like unless you have been personally injured.

Just speak to an attorney. You are under no obligation to hire him/her.

-- Karen (db0421@yahoo.com), October 07, 2001.

So far in my life I've been involved in a total of 4 car accidents (wan't at fault in any of them) If you don't know your rights you definately should get an attorney. However, make sure that you stay involved in the process and know what they are doing on your behalf. After the worst accident (left with permanent back injuries) I ended up negotiating the payoff on my totaled pickup directly with the other party and got $1000 more for it than my own insurance company was willing to give me. This accident took place 2 weeks before our wedding and we had to cancel our honeymoon due to our injuries. Did we think we should be compensated for that, you better believe it!

Don't be quick to settle either as any dislocated joint has the potential to cause problems for a long time - not to mention the increased likelyhood of developing arthuritis in that joint.

Finally, just because the crash almost took their lives is not a reason for them to avoid compensating your wife for the disruption in her life (and yours too for that matter). Motor vehicles are lethal weapons that kill thousands of people every year. Most "accidents" could have been avoided if the driver was paying better attention (driving, road conditions, vehicle condition etc.)

I wish you both the best of luck and a speedy recovery to your wife. Jane

-- Jane (jwagman@mail.com), October 07, 2001.

I'm with Gary. Why won't your Insurance Cmpany take care of it for you. And if you was driving without Insurance - - Shame on You!

-- Mel Kelly (melkelly@webtv.net), October 07, 2001.

The big problem is that instead of it being "driver A vs. driver B" looking for a fair settlement under the law, it becomes "well, let's get the lawyers and see if we can find out how rich they are, and base our lawsuit on that". This is totally unfair. Put yourself in the at- fault party's shoes for a moment. Maybe you have assets, maybe you don't, but what the jury or judge awards should not take that into consideration at all. I don't know if there are "standard" monetary awards for certain injuries, but it might help streamline things a bit if there were.

It is a fact that most people are grossly underinsured (they get the state minimum which has not kept up with inflation or worse, post a bond) or are driving without insurance at all. At the very least, if you are involved in an accident without having some insurance yourself, you should lose your license and not be allowed to own, drive or purchase a car for three years (most accident records cover that long a period). If caught driving without a license, you go to jail. If your relatives (or others who know you) are allowing you you drive their cars (stupid on their part), they should get punished too.

Drastic? Perhaps, but it might keep some dangerous drivers off the road.

-- GT (nospam@nospam.com), October 07, 2001.

We are not looking to get rich off of this wreck. We just want to make sure we get what is rightfully ours. We don't hold it against the other people, I'm sure they wouldn't have done it to intentionally hurt themselves or my wife. The only way I would sue another person is if it was intentional and I knew that I could prove it. But I really feel that the insurance company should give us the max. My wife is suffering more than just physical conditions, she is also experiencing mental conditions and depression. The first two nights she couldn't sleep cause everytime she closed her eyes she could see herself crashing into the pickup. She says she can still see the woman setting on the passinger side looking straight ahead unaware that she is about to get hit hard. Also she is afraid that she is going to lose her brand new job that she has been working at for the last 8 weeks. She is still on her 3 month probation period and she uses her hands a lot. It's been the first good paying job that she has really liked and enjoyed working at. Also one thing we have been concerned about is that her mother was involved in a wreck several years ago with what was thought minor injuries and she is now suffering from upper spinal spasms which her doctor thinks is due to her accident. It wasn't her fault either and she only received the value amount for her car plus $2,500 for personal injury. And to this date she has spent a lot more than $2,500 for medical.

-- r.h. in okla. (rhays@sstelco.com), October 07, 2001.

Ed, I dont work for the insurance system, but R.H. was asking about payment for damages done during the accident. He said he just wanted to know how much he gets. Its not a lottery. You get what you deserve. As I stated in my last message, you should get compenesation for lost wages, time off from work, long term issues, but you shouold not get extra's just because you had an accident.

-- Gary (gws@redbird.net), October 08, 2001.

Hi r.h.

I'm really sorry to hear of your family's recent accident. . . from the sound of it, your wife really seems to have lucked out as far as bodily injury. I was in a car accident five years ago, and though I received no permanent injuries, everytime I came to that intersection was real paranoid. I think most of us who do get involved in these accidents feel the same way, but we pull out of it eventually.

I have to agree with many of the previous posts. . . GET a lawyer involved and don't sign anything without getting his / her advice. You don't know who is involved in the insurances, who not only know each other already, but are also likely trying to get out of paying large amounts on both sides. The other drivers insurance will likely try to get a quick settlement to get you out of their hair quickly.

As far as getting rich over insurance claims, I don't know. When it comes to getting more than you deserve, it always seems like a future event makes it come out even in the end. Sort of 'What comes around goes around', I guess.

Again, I hope your family can get this put behind quickly.

-- j.r. guerra (jrguerra@boultinghousesimpson.com), October 08, 2001.

Excuse me, I can't keep track of these things, since it isn't my country, but I thought there was an open-road speed limit in the USA which was lower than "65-70 mph" - like maybe as much as 15 mph lower. Is that the case? If so, what is it? Where does that leave someone who left crossing traffic that much less time to see approaching traffic than the law says they were entitled to, before she T-boned them? If my impression is correct, that is.

-- Don Armstrong (from Australia) (darmst@yahoo.com.au), October 08, 2001.

This post brings up some interesting questions about insurance. For all of you who bash insurance companies for wanting to minimize their costs I ask what are they in business for? Certainly it must be to maximize profits for thier shareholders or owners by keeping costs (payouts) down. How many of you shop for insurance only based on the cheapest rates. Are you not contributing to the very problems you decry? No, I don't work for an insurance co. I do have a very good relationship with the agent who handles my car, house, farm and a small life policy. I do pay a bit more for my insurance than if I shopped by price alone, but my agent has been there to help me through a couple of claims which I think were settled very satisfactorily for both me and the co. he works for. I also see him weekly at school events where our children attend and at many community events. I'll support him with a few more of my dollars as a community asset and know he'll be there when I need him. Possibly another case of you get what you pay for.

-- ray s. (mmoetc@yahoo.com), October 08, 2001.

Don, there are many freeways in this country where the posted limit is 70mph. It was changed from Nixons little conservation measure a few years ago.

R.H., Karen's answer was great. I worked in Personal Injury as well, and can add a few things to her comprehensive answer. Make sure the attorney you get is not a procrastinator. If you get someone who spends his career putting out fires, sometimes they don't have time to do the job they should for you.

Also, keep a DAILY journal of the ways this accident has affected your life. Like, "couldn't sleep last night because of car accident dreams. Couldn't stay awake at work today because of lack of sleep." That type of thing. A detailed journal will make it much easier for a judge or jury to get in touch with your suffering.

And don't embellish ANYTHING for ANYBODY. The truth is plenty good enough. If the doctor asks if something hurts and it doesn't, say it doesn't. They have a lot of trick questions, so just be honest.

Tell your attorney everything. Even if that includes things you may think will hurt your case like, "Well, I did have a beer (or two or three) before I drove home." or "Well, I was pretty tired and wasn't paying attention that well." or "I did injure this arm playing ball when I was a kid." These are things your attorney NEEDS to know. It's pretty much certain that everything will come out in the three years or so your case is being pursued, and you don't want your attorney to have any surprises coming from the opposing side. It can put him in a very weak position and cost you a great deal of money, even the whole case sometimes, if you lose your credibility.

Again, be honest and volunteer ANYTHING you think might possibly be related as soon as you think of it. Your attorney is going to put a great deal of time into your case, and it will help him to evaluate it accurately if you can tell him everything up front.

As to all of you who say R.H. should not try to win the lottery, it would appear to me that you have never tried to get money from an insurance company. They will pay you only what they absolutely have to, and their liar-for-hire doctors will help them cheat you out of just compensation which, by the way, does include compensation for mental and emotional as well as physical pain and suffering, along with all that other stuff listed earlier.

In case someone thinks we're trying to take advantage of the poor insurance companies, I invite them to check the bottom lines on some of those companies. We are the ones who PAY for this compensation, in advance. Essentially, we're betting we will get hurt and the insurance company takes odds on our bet. If they have to pay out now and then, and they almost invariably do it kicking and screaming the while, well, it's not like they're not doing handsomely in spite of the occasional pay out. Enough tirade.

R.H., I wish you the best of luck.

-- Laura Jensen (lauraj@seedlaw.com), October 08, 2001.

Also don't forget about your insurance company as well, even though you were not at fault. PIP, (personal injury protection) is written into all liability insurance, in fact you have to give permission for it to be taken off. It will pay all your personal injury claim and yes you can then go on to also collect from their insurance. It sounds all high and noble not to sue for extra or not to sue at all. Point being the claims adjuster for their insurance company will get a percentage as a bonus of what they get you NOT to collect. When it comes to the claim on your vehicle, find similar cars in the paper, simply tell them NO if you don't like their settlement, a personal injury attorney will not sue on your behalf for your vehicle, just your body, pain and suffering. Vicki

-- Vicki McGaugh TX (vickilonesomedoe@hotmail.com), October 08, 2001.

Hi, I'm glad to hear your wife is okay.

No fault insurance will pick up all medical bills. They will pay for chiropractic, too, should your wife need it. If the hospital and doctors try to recover from you any fees not paid by no fault, they are breaking the law. The medical practitioners must accept the no fault payments without trying to seek further payment from you.

We were in an accident last year (thank God we are fine), and we suffered some minor injuries. The insurance company representing the other guy came to our home and tried to get us to sign for a settlement. Yes, they will try to get away with giving you nothing if they can. Once you sign you give up your rights to sue.

In New York State, you can only recover damages for scarring, fractures (a dislocation would fall under this type of injury), and other physical injuries that leave permanent impairment. You cannot sue for emotional damages. None of us had fractures or scarring, so we settled one our own, without an attorney. However, we did consult an attorney before settling. The other insurance company also paid our deductible.

My advice to you is see an attorney to discuss your rights, and avoid signing anything until you have received legal advice and are in a rational state to make decisions. The worst thing to do is to make decisions right after a traumatic event. Good luck.

-- amy (acook@in4web.com), October 08, 2001.

r.h.,

I don't think there's anyone on this thread who doesn't want you to be fairly compensated, it is just that we disagree on what is "fair" and how it is decided, and by whom.

It is easy to think one should get "the max" but what is "the max" anyway? Your coverage amounts? Theirs? Well, they're better off than I am so of course they should pay more? Should Bill Gates have to pay a million for an accident that Joe Blow would only have to pay out $50,000 for? No. That's what I'm talking about, and I think others too are concerned along the same lines.

One can get insurance for just about any amount these days, but most get the cheapest, just enough to be road legal, like ray s. pointed out. And I have yet to see someone without insurance ever spend time in jail. To be honest, you're fortunate in that they at least have some insurance to go after.

Judgement-proof people may get a judgement lodged against them, but unless they win a real lottery or inherit money (which means you or your lawyer have to keep track of them), neither you nor your lawyer will ever see a dime. And even if you prevail against this couple, what's to stop them from going bankrupt or becoming homeless (a million-dollar judgement could well be depressing), again leaving you with no compensation? Just another thing to think about, and why we all should have our own fallback plan (insurance, rainy day fund, whatever).

Laura also made some good points, but remember, if you can keep a log, so can the insurance company. They do lose some money every year in fraudulent claims, and they will check to make sure. It is not unheard of to try to go back and find out about someone's sick leave record to see if you have prior injuries or a history of being a sick leave abuser. Also, you never know if someone's videotaping you to make sure you have bona fide injuries. In other words, with the injuries you said your wife has, she ought not to be out playing tennis.

I hope both insurance companies come through for you. I think it depends a lot on the company. While it is true that they are out for themselves, (what business isn't?) some are much, much worse than others. And it is true that with higher court awards these days, everyone's (well, at least those who HAVE insurance) premiums go up. You may get a better amount with an attorney, or you may not, and if you don't, do you then go after the lawyer for malpractice? That's an even dicier proposition, because it is very difficult to find a lawyer that will sue another one.

Please keep us posted.

-- GT (nospam@nospam.com), October 08, 2001.

R.H., I'm sorry to hear about the accident. Is your wife doing better? She sent me a beef jerky recipe recently - I'm looking forward to trying it out soon.

Granted, I didn't read all of the posts on this (not enough time in the day!), but I just wanted to offer a hopefully brief opinion. I did used to work for an insurance company, and one reason they are so tight is that there are so many people out there who DO want to get rich off of minor injuries. For the most part, the adjusters I worked with were honest and actually concerned about the injuries of the involved parties. I also have friends who are lawyers, and they too are honest and work hard to get what their clients deserve.

My advice is: seek out a lawyer on your own, don't go with one of those who send you letters or call you, because from what I have seen, they are usually not the type of person you would actually want on your side. Look for a lawyer you feel you can trust; don't be afraid to check them out with the bar association, and I can probably get you the number for the Tulsa Bar Assoc. if you think you want it (my husband has a cousin who is a paralegal for a Tulsa law firm). Good luck, and my prayers are with you all.

-- Christine in OK (cljford@aol.com), October 09, 2001.

RH, I worked for a Personal Injury clinic in the early 90's. If you don't want to get ripped off a lawyer is fine but don't go for those big name firms. I had to work closely with all those lawyers in Oklahoma City and I can tell you out of 50 I trusted about 2 of them. The main thing to remember is not to sign off on anything with the insurance company until ALL of your wife's injuries are healed and all of the damage to your car is taken care of or your car is replaced. Some people don't believe in suing others but the insurance companies will rip you off in a heart beat if they think you don't know how to deal with them. If you need names of some trustworthy lawyers in OK let me know. I'll be glad to give you names. Best Wishes for your wife's recovery, most car accident injuries like that are long and painful journeys back to health!

-- Vickie in OK (ouvickie@hotmail.com), October 09, 2001.

I normally doin't respond to much! I had to on this one. If most people only knew. Hire an attorney only as a last resort Most ins. companies will settly fairly some won't but if this one offers you a fair settlement the attorney walks away with a portion of your money that you would have gotten anyhow. Wait to see what they offer and how quickly then negociate. If not satisfied then talk to your agent {in person} ask his advise. Last resort hire attorney. Hope every one in accident recovers property and health. Coaltrain

-- coaltrain (prairierose91@hotmail.com), October 09, 2001.