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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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My wife was stopped, and waiting for traffick to clear so she

Customer Question

My wife was stopped, and waiting for traffick to clear so she could turn left. While waiting a teenager who was texting on her phone while driving, rear ended my wife. She never hit the brake pedal. Needless to say that my wifes car was totaled. This was the teenagers second rearend wreck within 30 days. Both parties are insured with Allstate. We concluded that the pain and suffering that was endured by my wife for her injuries is worth $20000.00. Allstate only wants to pay out $10000.00.
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

If the Allstate adjuster is not willing to pay more than $100,000, then you need to get a local attorney that specializes in personal injury to help you.

BizAttorney :

However be aware, you may be overvaluing your case and if you get an attorney involved, then the attorney will likely take 1/3 of the total so if you do win $20,000 in 1-3 years from now, then you will only $14,000. So you need to determine if you want $10,000 now without a fight or $14,000 later after a fight.

BizAttorney :

You may talk to a local attorney and the attorney values the case at more than $20,000 though too, so it could go either way.

BizAttorney :

The ultimate answer to your question is that you can't force an adjuster to pay more. The adjuster can only go up to a certain limit and then the amount will only increase with litigation.

Customer:

All we want is the $20,000; and any attorney can keep whatever they can get over that amount.

BizAttorney :

I understand, then you should go to a local attorney and find one that will take your amount. There is always the risk that you won't get as much as they are offering though.

Customer:

Remember, this was the teenage girls 2nd wreck in less than 30 days.

BizAttorney :

I agree that her past will help your cause.

BizAttorney :

Any you may have undervalued your damages.

BizAttorney :

And

Customer:

If I am reading this correctly; if we don't take the $10000; then we won't get anything??!!

BizAttorney :

No no, if you don't take the $10,000, then you leave your damages in the hand of a jury and NOTHING is certain.

Customer:

Allstate has all of the doctors reports, including proof that she had a concussion.

Customer:

Are saying that a traffick accident can go to a jury trial??

BizAttorney :

That is great for you. If there is any potential future surgery, then that will rack up the damages.

BizAttorney :

Yes, a traffic accident can go to a jury trial, but it will likely only be on the damage portion as fault is usually found as a matter of law.

Customer:

But we must then aquire an attorney to get this to go to trial?

BizAttorney :

Yes, you would, unless you want to bring suit on your own, which you can.

Customer:

Would that then be considered small claims court or what???

BizAttorney :

No, it would be in a higher court since it is above $10,000 in damages.

Customer:

How would one go about doing that? procedure? forms? etc?

BizAttorney :

There are no forms for a negligence action against someone. It is very fact specific.

Customer:

Would I file suit against Allstate or the other party?

BizAttorney :

The other party.

Customer:

Then that appears that Allstate gets away free, without having to pay anything.

BizAttorney :

No, they will provide the insured with a defense. So they will not only have to pay attorneys to defend it, then they will have to pay you the settlement amount.

BizAttorney :

It is much costlier in litigation, than to outright settle.

Customer:

So, a properly worded "threat" that we would want to take this to trial, may cause the Allstate adjuster to rethink his offer, and go up some on the settlement amount.

BizAttorney :

Yes that is correct. However, the adjuster can only go up to a certain dollar amount each claim.

BizAttorney :

Anything above that amount, can only be obtained in litigation.

Customer:

Is it possible that through litigation the settlement amount would end up being less than the $10,000 that is being offered now?

BizAttorney :

Yes, that is always a risk.

Customer:

OK. My wife had to take her pain medicine so that she could sleep. I will talk with her about this in the morning.

BizAttorney :

Sounds good. Good luck and have a good night! Please leave me feedback so that I can continue to help others.

Customer:

Yes sir.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I cannot leave a tip or a bonus, as I have been unemployed for 2 years now. My wife was involved in 2 auto wrecks that totaled 2 vehicles in 6 months. They were not her fault. We have no money for an attorney. We just barely have money to buy food. We nned some help that would not cost anything. Thanks for your advice. Regards, Steve Valdetero

Expert:  BizAttorney replied 1 year ago.
No problem at all. Have a great night and please come back if you have additional questions.

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