Drunk Driving accident. My sister needs a lawyer

[HILROD]

Also make sure you keep all the records and reciepts for anything done to the car. They have to add any recent work to the cost of the car. They may tell you different, but the adjusters will out and out lie.

[TravisB]

Originally Posted by HILROD

Also make sure you keep all the records and reciepts for anything done to the car. They have to add any recent work to the cost of the car. They may tell you different, but the adjusters will out and out lie.

This is common belief......adjusters will lie that is. But basically most policys read the the vehicle is supposed to be good working condition and if it takes recent maintenance for it to be in this condition then we are not obligated to add any value to the car. There is room for additions to the settlement price if the engine, trans, or rear end have been replaced.......but these are usually the only concessions made.

[mazspeed]

Originally Posted by TravisB

This is common belief......adjusters will lie that is. But basically most policys read the the vehicle is supposed to be good working condition and if it takes recent maintenance for it to be in this condition then we are not obligated to add any value to the car. There is room for additions to the settlement price if the engine, trans, or rear end have been replaced.......but these are usually the only concessions made.

Well this is true but my sister is scared that she's going to lose out over this thing that was not her fault. She get's hit and injured by a drunk driver and their insurance company is going to cover next to nothing. That's certainly not going to fly with me at all. Ill pay for a lawsuit for my sister just despite what the insurance company thinks it's going to do, which is screw someone else.

[TravisB]

Hey good thinking.... Just assume you are going to get screwed! That's a good way to go into this.just remember you will not out attorney any insurance company be reasonable and get what you deserve if you go in with the attitude you have now you will lose!

[mazspeed]

Originally Posted by TravisB

Hey good thinking.... Just assume you are going to get screwed! That's a good way to go into this.just remember you will not out attorney any insurance company be reasonable and get what you deserve if you go in with the attitude you have now you will lose!

Yeah I think I have to go in thinking she's going to get screwed, but I have every intention of having an attorney sue the other party. I would normally not do this, but this lady was really drunk and physically fought with the police officers after the accident. So I won't mind screwing with someone like this, for what she has put my sister though. Plus I just put $3750 into her car to fix other problems, so now I'm mad.

[RussMS]

Your anger is justified. Drunk driving is never acceptaable. I would be mad as h3ll too.

Insurance companies will try to follow a standard operating procedure based on policy limits and NADA (or other standard values.) They will offer a settlement at some point if they have not already. If you do not feel as if you have been made whole (in roughly the same position as you were prior to the accident), don't accept it.

Sometime they will start with a lowball number. That is where the receipts can make a big difference. Try to get a list of all moneys spent for the maintenance you spent on the car, her original purchase price, and all the receipts you can to back it up. You may need this to support your position either in a negotiation or in court.

Be prepared to sue the insurance company and the driver for the difference between what they offer and what makes you whole. In many cases, to avoid the cost of the legal battle they will settle for an amount above what the original offer was. It may not be all you are seeking, but enough to avoid further hassle.

In the same way that they will low-ball the number, you may want to highball yours. That way if a meet in the middle compromise is worked out, you will be where you wanted to be in the first place.

Good luck to you and your sister

[TravisB]

Originally Posted by mazspeed

Yeah I think I have to go in thinking she's going to get screwed, but I have every intention of having an attorney sue the other party. I would normally not do this, but this lady was really drunk and physically fought with the police officers after the accident. So I won't mind screwing with someone like this, for what she has put my sister though. Plus I just put $3750 into her car to fix other problems, so now I'm mad.

Has the insurance disclosed what her PD limits are? Does she have insurance? IF you could PM me more info about the settlement I can help you......

[Payton King]

but I am a State Farm Insurance agent and my wife use to be an auto claim adjuster. I deal with this on a daily basis. Some of the information you have received is correct and some is not. Each claim is different based on the merits of the case.

1. Don't be so quick to jump to get an attny. A claim is worth what a claim is worth. IE a $3000 car is worth $3000. An attny cannot get you any more money, he can however take 33% of your $3000 the that would have been paid anyway. Same thing on the bodily injury side.

2. As bad as it is to be hit by a drunk driver, the person is not anymore liable than if they were not paying attention and ran a red light. In other words, there will be no punitive awards for bodily injury just because they were drunk (they will not give you more money.)

3. Back on the car settlement...car is expected to be in good working order. If the vehicle is worth $3000 and you do $3000 worth of maintance on it...still worth $3000. State Farm will start with top NADA value and deduct for condition, mileage, etc. Most other companies do the same. They will also do a market survey sometimes, what that year, make and model is selling for in the area to arrive a price.

I do not know the extent of her injuries, but they will owe for doctor bills, follow ups, etc. She will be entitled to some pain and suffering but there is no rule of thumb on that amount. Depending on the company, they may not pay the bills until all of them have been submitted and she signs a release, so don't be shocked. Lots of other stuff in this category (bodily injury) but with out more info hard to get specific.

Personally, I would try and work it out with the insurance company first and only get a lawyer as a last resort. I have seen too many cases where the insurance company was going to pay $10,000, person gets a lawyer, they still pay $10,000, but the lawyer gets $3000 and the claimant gets $7000.

I would be happy to speak with you if you like and I will try and give you the best advice that I can. 704-846-7511 I feel for your sister and what she is having to go through.

Payton