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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We were in a car accident last friday. The other driver was

Customer Question

We were in a car accident last friday. The other driver was at fault in the accident. It happened early in the morning. After trying to track down the other persons insurance we finally received a that evening. When we returned the adjusters call he was
out. So we left him a message because it said he would be in on saturday. We received a return call around 3 pm saturday. He said the report would be in on Monday and he would call us back. He took my husband's statement while he had him on the phone. Monday
we don't hear from him. Tuesday someone comes out and decided the car was totaled. We don't hear from the guy tuesday. Wednesday nothing either. The man who looked at the car tuesday said he would get us numbers by thursday. We still hear nothing. I write
a long email to the company thursday around 3 about how upset I was with the way they handled it. We get a call Friday afternoon and they said they just received the police report. (Which I know is a lie bc it is available 24 to 48 hours after an accident.)
We had been asking for a rental all week because we both work seperate jobs and we have a child we have to get to daycare for the summer. Friday at 4 he says ok we made a reservation for you to pick up a car but they are out of cars until monday or tuesday.
We have gone 9 days now with no car for my husband to drive. He missed a day of work Friday and Saturday and sunday. I missed work Friday for having to go to the accident make sure my family was ok and take my child to the er where we spent 2 hours to make
sure she had no injuries as the impact hit where she was sitting and the whole rearend of the car. It is ridiculous. The other driver was at fault and we have been inconvenienced with no help from them. Should we just hire a lawyer since they want to keep
messing around? Side note. Last night we received an email from them wanting us to sign some papers to pay her hospital bill and give her 500.00 for her pain suffering or something like that. I told my husband nit to sign anything. It has nothing to do with
money.....I want to be treated fair and not like we were the ones at fault. And they have been so hard to deal with and get a call back or anything!
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this. Can you please tell me what state this is in?
Customer: replied 1 year ago.
Nc
Expert:  Ely replied 1 year ago.
I am very sorry for your situation. Please understand how this works. Once someone hits you and they have insurance, the insurance is liable for the judgment that you'd get against the driver if you sue them (in limited amount, but usually pretty high). Ergo, to avoid paying out huge sums from a judgment where their driver is likely responsible, the insurance company likes to settle the claim to avoid litigation. Once an agreement is reached, you sign a release and waive your rights to sue in exchange for the payout.
But, how does one reach that settlement? The insurance adjuster. The adjuster's job is to make you miserable. They will ignore you, confuse you, and ask for redundant and seemingly needless paperwork in an effort to talk you into a small settlement or have you give up all-together. And remember, statute of limitations usually only gives you a limited time to file suit, which is 3 years per NC §1-52. They know this; they hope you do not. If you miss the 3 years mark, you can no longer file against their driver, which means they do not even have to work with you.
What they are offering should at least cover:
1) all medical bills;
2) all bills for vehicle repair;
3) missed work; and
4) pain and suffering.
Not that they have to, but because they know that you'll at least get that in Court. The last one (pain and suffering) is the wild card, and there is where they will try to avoid paying much.
An attorney usually cuts through this malarkey since the adjuster knows counsel does not put up with this and WILL file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely). Then a settlement is usually reached. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
So yes, someone in your situation wants to get an attorney because otherwise you may be settling for a lot less.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
It's just so frustrating. They hit us, they totaled our car. We went from 2 cars to 1. They are treating us like the ones at fault. I am very disheartened by the way we have been treated. They were able to drive their car off, but yet we have been stuck sharing a car for the last 8 days. It's an inconvenience and if they don't wanna talk to us and be fair and just then I supposed we just need to retain council.
Expert:  Ely replied 1 year ago.
Yes, very much, because otherwise the adjuster will continue to play this game with you. This is their job.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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