What Would a Good Attorney Do in My Case?
Car Accident,FAQ,Personal Injury - August 31, 2015 by Horwitz, Horwitz & Associates
Question:
About 8 months ago I was stopped behind two vehicles waiting to turn left and was hit from behind at aprox. 45 mph. That propelled my car into the car in front of me and so on. My car was totalled. I have had about $7000 in medical bills and am scheduled to see a neurologist to determine if my current symptoms are related to the accident.
The girl who hit me had no insurance at all and had been driving without insurance for the previous 7 months. She got two citations – no insurance and driving too close. They issued a warrant for her because she failed to appear in municipal court twice. She was ordered to make restitution for my car up to $500 and pay her fines. She has never paid a dime to me.
I have an attorney who is planning to sue my insurance for med and pain and suffering. I only had liability 50/100. The car she was driving when she hit me was registerd to her mother who said she sold it to her daughter. They do live together. Her car is repaired. I have no car I can drive as of yet. I feel very frustrated and don’t know if this is ever going to go anywhere.
Don’t see any sense in taking her to Small Claims Court if she doesn’t bother to show up in municipal court and the police just tell me picking her up is not a priority. Don’t know if my attorney is good or not. How do I know at this stage?
I am on disability for lupus and sciatica but my injuries are to my neck, very top of my back (t-1 and up) and pressure with constant headaches in my head, vertigo and when I was made to close my eyes and touch my nose, I nearly fell over. They did tests for inner ear but they were negative. That’s why I am to see the neurologist.
I was taken by ambulance, treated and released and was back in the emer. room each of the following 2 days. I have heard stories that I will only end up getting about $10,000. Does this sound accurate for what I have been through and am still going through?
The hospital said the CT scan on my neck and head was neg too. But I still hurt everyday – headaches, dizzy, depressed, etc. and still see my totalled car out my kitchen window everyday and know I still dont have a car I can drive. Do the stories of a 10-$15,000 settlement sound right?
I was told the insurance companies usually settle for 2 1/2 – 6 times the med bills. Is this true? And what makes them settle for the low or higher end if it? I just feel like my car loss and pain and suffering mean nothing and would really like to know how I can be sure my attorney is doing everything possible to assure I get something out of all this. The girl who hit me pled no contest in court. That should stand for something.
I dont want revenge. I just want what’s fair and I’m not even sure what that is. What would a “good” attorney do with my case?
–Diane
The girl who hit me had no insurance at all and had been driving without insurance for the previous 7 months. She got two citations – no insurance and driving too close. They issued a warrant for her because she failed to appear in municipal court twice. She was ordered to make restitution for my car up to $500 and pay her fines. She has never paid a dime to me.
I have an attorney who is planning to sue my insurance for med and pain and suffering. I only had liability 50/100. The car she was driving when she hit me was registerd to her mother who said she sold it to her daughter. They do live together. Her car is repaired. I have no car I can drive as of yet. I feel very frustrated and don’t know if this is ever going to go anywhere.
Don’t see any sense in taking her to Small Claims Court if she doesn’t bother to show up in municipal court and the police just tell me picking her up is not a priority. Don’t know if my attorney is good or not. How do I know at this stage?
I am on disability for lupus and sciatica but my injuries are to my neck, very top of my back (t-1 and up) and pressure with constant headaches in my head, vertigo and when I was made to close my eyes and touch my nose, I nearly fell over. They did tests for inner ear but they were negative. That’s why I am to see the neurologist.
I was taken by ambulance, treated and released and was back in the emer. room each of the following 2 days. I have heard stories that I will only end up getting about $10,000. Does this sound accurate for what I have been through and am still going through?
The hospital said the CT scan on my neck and head was neg too. But I still hurt everyday – headaches, dizzy, depressed, etc. and still see my totalled car out my kitchen window everyday and know I still dont have a car I can drive. Do the stories of a 10-$15,000 settlement sound right?
I was told the insurance companies usually settle for 2 1/2 – 6 times the med bills. Is this true? And what makes them settle for the low or higher end if it? I just feel like my car loss and pain and suffering mean nothing and would really like to know how I can be sure my attorney is doing everything possible to assure I get something out of all this. The girl who hit me pled no contest in court. That should stand for something.
I dont want revenge. I just want what’s fair and I’m not even sure what that is. What would a “good” attorney do with my case?
–Diane
Answer:
What would a good attorney do? Excellent question. You must make sure you do yourself justice by getting a great attorney, no matter how much research that takes. As to the facts of your case, it seems clear that the Defendant does not have insurance and therefore going after her through small claims court or any court will probably be a waste of your time. Even if you get a good judgment against her, she will simply file bankruptcy and avoid the debt.
There is a possibility that her mother’s insurance would apply to the vehicle since the driver was a member of her household. Your attorney should check the title of the car to determine who the owner is and read over the parent’s insurance policy. Certainly if the parent owned the car, the insurance of the parent would apply.
Finally, you do have insurance coverage. You have said you had 50/100 insurance. This means you likely have $50,000.00 in uninsured motorist coverage. This would therefore be the maximum you could recover under your own policy. This should definitely be pursued. If you have chronic pain, make your attorney try the case. Don’t be an auto accident victim and a victim of a lawyer. Make sure he does his job. If he won’t, switch lawyers.
What is the case worth? I can tell you that pain and suffering cannot be evaluated by multiplying the medical bills by a certain number. Insurance companies do that and it is a cold, insensitive and misguided method for valuing pain and suffering. You can evaluate pain and suffering by asking yourself the question: What would a jury give for a person who has suffered like me? What would a group of 12 people do? Those 12 would listen to the medical evidence and make a decision. They base that decision on the common experiences in life (not on charts, formulas or equations).
In an uninsured motorist case, there is no jury, unfortunately. You have to go through an arbitration system, which is loaded with bias and unfairness. But, that is the law since your contract with your own insurance carrier will require arbitration.
Finally, if your insurance broker didn’t offer you the same amount of uninsured motorist coverage as your liability coverage, then you may have a claim against the carrier for not properly offering you adequate insurance coverage. They have a fiduciary relationship with you and must protect you.
These are all things to look into. I hope it helps. I hope your lawyer helps you. If not, find another one in your state. Good luck.
There is a possibility that her mother’s insurance would apply to the vehicle since the driver was a member of her household. Your attorney should check the title of the car to determine who the owner is and read over the parent’s insurance policy. Certainly if the parent owned the car, the insurance of the parent would apply.
Finally, you do have insurance coverage. You have said you had 50/100 insurance. This means you likely have $50,000.00 in uninsured motorist coverage. This would therefore be the maximum you could recover under your own policy. This should definitely be pursued. If you have chronic pain, make your attorney try the case. Don’t be an auto accident victim and a victim of a lawyer. Make sure he does his job. If he won’t, switch lawyers.
What is the case worth? I can tell you that pain and suffering cannot be evaluated by multiplying the medical bills by a certain number. Insurance companies do that and it is a cold, insensitive and misguided method for valuing pain and suffering. You can evaluate pain and suffering by asking yourself the question: What would a jury give for a person who has suffered like me? What would a group of 12 people do? Those 12 would listen to the medical evidence and make a decision. They base that decision on the common experiences in life (not on charts, formulas or equations).
In an uninsured motorist case, there is no jury, unfortunately. You have to go through an arbitration system, which is loaded with bias and unfairness. But, that is the law since your contract with your own insurance carrier will require arbitration.
Finally, if your insurance broker didn’t offer you the same amount of uninsured motorist coverage as your liability coverage, then you may have a claim against the carrier for not properly offering you adequate insurance coverage. They have a fiduciary relationship with you and must protect you.
These are all things to look into. I hope it helps. I hope your lawyer helps you. If not, find another one in your state. Good luck.
