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I was in an accident where my auto was totaled and the

Hello, my name is*****...

Hello, my name is***** was in an accident where my auto was totaled and the airbag deployed. It was determined that the other party was at fault. I have since suffered severe lower back pain, I have seen several doctors. One diagnosed it as a lower back whip lash which I had never heard of. I am seeking advise on what I should do. The other insurance company (Liberty Mutual) has not offered a settlement as of yet. The accident occurred on 01/05/2018

Lawyer's Assistant: In what state did the injury take place? And do you have medical records or other documentation?

The ACCIDENT OCCURRED IN MARTINEZ. CALIF. MY INSURER IS KAISER. THEY HAVE ALL OF THE RECORDS.

Lawyer's Assistant: Has anything been filed? If so, what?

A POLICE REPORT WAS FILED AT THE TIME OF THE ACCIDENT. THE OTHER INSURANCE COMPANY HAS INTERVIEWED ME, ALONG WITH MY COMPANY(AAA)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I HAVE BEEN IN SEVERE PAIN SINCE THE ACCIDENT.

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Answered in 6 minutes by:
3/27/2018
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,885
Experience: General practitioner with diverse legal experience.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

This sounds like a serious accident. I would STRONGLY recommend retaining a local attorney before proceeding any further. Even when liability is not disputed, injury claims are extremely complex and, I assure you, the insurance companies are working to gather information to justify paying you as little on your claim as they possibly can. Remember, that's how insurance companies make money--by taking in more in premiums than they pay out on claims. They will act like your friend, but trust me they are not.

There are also complex issues involving subrogation rights when you have private health insurance. What I mean by that is your health insurance company will be entitlted to reimbursement for what they paid on your behalf when you settle your injury claim with the at fault driver's insurance. Knowing how to handle your health insurance subrogation rights is a crucial part of any personal injury claim and something that an experienced attorney is in the best position to do. Finally, insurance companies will not respect your claim if you don't have an attorney. They simply won't take you seriously as they know that you are inacapable of litigation your case effectively without counsel, and that is your sole recourse in the event you are disatisfied with their settlement offer. Basically, without the credible threat of a lawsuit you have no real leverage to negotiate your claim.

Personal injury attorneys work on a contingency basis, meaning they accept a portion of your recovery as their fee instead of being paid by the hour. Usually this percent is 33-40%, but keep in mind that having an attorney will almost certainly result in a much larger settlement, so the cost of representation truly pays for itself.

I would strongly recommend NOT speaking to the insurance companies any further before you retain a lawyer. That should definitely be your next step here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,885
Experience: General practitioner with diverse legal experience.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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