Fender bender and lawyering up

[sam_gordon]

OK, I'm not putting a lot of detail just in case this becomes something more, but I don't understand the motivation from another person.

A couple weeks ago I was involved in a fender bender (side swipe). Police came out and took a report. Other driver and I were out, walking around, and drove our cars away from the scene.

The next day I notified my insurance company. I downloaded the police report, sent that to the insurance company as well as the pictures I took of the damage to the other driver's car. A representative of the insurance company calls me, takes my statement of what happened over the phone. Says she'll get back in touch with me.

A couple of days later, a different agent calls me says the other driver is now making a injury claim. I think "what?" But oh well, maybe something manifested itself afterwards. I talk to that agent.

A couple days ago that agent calls me back, says he's tried talking to the other driver, she answers the phone and when he identifies himself, she hangs up. He opens a claim on her account (we have the same company) and it comes out that she has signed up a lawyer.

Now, this should be easy... get estimates on repairs to the vehicles, assign liability, and pay out. Why would someone get a lawyer before they've even talked to the insurance company? I could understand if you disagreed with what the insurance company was offering, but it never even got that far.

I will say I believe the other driver is at least partially liable (doesn't everyone in an accident believe that?), but wouldn't be surprised if insurance says it's totally my liability. That's beside the point IMO.

 

[mjkacmom]

Sounds like they are going to sue your insurance company for an injury, maybe go to a chiropractor in the lawyers pocket. I’m a bit jaded, ds had the same thing happen over the summer, it’s still not settled.

 

[Heidict]

Seems pretty normal, if there are injuries and they want a pay out. Sure they could deal with the adjuster themselves, but many people feel that they can protect their interests and get more money if they involve an attorney.

 

[piglet1979]

We were rear ended a few years ago. I was outside the car helping with the person who hit us as she was injured. I had some pain in my low back but nothing that was bad or anything. After I got in the car to leave (my husband was driving) I could barely sit. I was in tears it hurt so bad. Found out the pelvic muscle pulled away from the bone. It only hurt bad when I sat down. Not saying this is the case with this person but something like this could have happened.

As to the lawyer. We looked into get a lawyer too. Everyone was telling us that we needed to get one. I talked to one and we ultimately did not go that route. We just wanted the car fixed and the medical bills paid. We didn't care about getting anything else. The car is something that the lawyer told us they couldn't do anything about. My car was totaled and what the insurance was going to give was all we would get. So it was really only the medical. This could be something that everyone said she needs to get one so she did.

 

[ShadeDK]

It's like those personal injury firm commercials that play constantly during the day or late at night (like the one with the late Robert Vaughn admonishing "Tell the insurance company that you mean business - call the personal injury law firm of [insert name of local pi firm that paid to air the ad]") - they warn people that their insurance company will try to have them sign something releasing claims or give them very little in the way of money - so hire the attorney to get a mega-dollar resolution (please ignore the fine print on the retainer that says that you'll fork over about a third of any resolution to the attorney working on contingency, who will most likely settle the case since going to court actually requires time and money which the attorney probably doesn't want to spend on the case). The other person was likely told not to talk to the insurance company and let the attorney handle all discussions with the insurer. Not that unusual.

 

[piglet1979]

The other person was likely told not to talk to the insurance company and let the attorney handle all discussions with the insurer.

This is what I was told too. Another reason why I didn't go with them. I don't like not having the control.

 

[Marchand63]

OK, I'm not putting a lot of detail just in case this becomes something more, but I don't understand the motivation from another person.

A couple weeks ago I was involved in a fender bender (side swipe). Police came out and took a report. Other driver and I were out, walking around, and drove our cars away from the scene.

The next day I notified my insurance company. I downloaded the police report, sent that to the insurance company as well as the pictures I took of the damage to the other driver's car. A representative of the insurance company calls me, takes my statement of what happened over the phone. Says she'll get back in touch with me.

A couple of days later, a different agent calls me says the other driver is now making a injury claim. I think "what?" But oh well, maybe something manifested itself afterwards. I talk to that agent.

A couple days ago that agent calls me back, says he's tried talking to the other driver, she answers the phone and when he identifies himself, she hangs up. He opens a claim on her account (we have the same company) and it comes out that she has signed up a lawyer.

Now, this should be easy... get estimates on repairs to the vehicles, assign liability, and pay out. Why would someone get a lawyer before they've even talked to the insurance company? I could understand if you disagreed with what the insurance company was offering, but it never even got that far.

I will say I believe the other driver is at least partially at fault (doesn't everyone in an accident believe that?), but wouldn't be surprised if insurance says it's totally my fault. That's beside the point IMO.

MONEY! plain & simple - money

 

[Cannot_Wait_4Disney]

OK, I'm not putting a lot of detail just in case this becomes something more, but I don't understand the motivation from another person.

A couple weeks ago I was involved in a fender bender (side swipe). Police came out and took a report. Other driver and I were out, walking around, and drove our cars away from the scene.

The next day I notified my insurance company. I downloaded the police report, sent that to the insurance company as well as the pictures I took of the damage to the other driver's car. A representative of the insurance company calls me, takes my statement of what happened over the phone. Says she'll get back in touch with me.

A couple of days later, a different agent calls me says the other driver is now making a injury claim. I think "what?" But oh well, maybe something manifested itself afterwards. I talk to that agent.

A couple days ago that agent calls me back, says he's tried talking to the other driver, she answers the phone and when he identifies himself, she hangs up. He opens a claim on her account (we have the same company) and it comes out that she has signed up a lawyer.

Now, this should be easy... get estimates on repairs to the vehicles, assign liability, and pay out. Why would someone get a lawyer before they've even talked to the insurance company? I could understand if you disagreed with what the insurance company was offering, but it never even got that far.

I will say I believe the other driver is at least partially at fault (doesn't everyone in an accident believe that?), but wouldn't be surprised if insurance says it's totally my fault. That's beside the point IMO.

Insurance companies do not adjudicate fault. Do you have the police report yet? That will go a long way in determining fault. And under no circumstances, even if your insurance company accepts the liability, should you admit fault.

 

[PrincessShmoo]

Sounds like they are going to sue your insurance company for an injury

OP states that both parties have the same insurance company. I'm not sure a company can sue itself. I always thought, if two sides have the same insurance, the company tries to settle between the two. Not really sure, however.

 

[sam_gordon]

please ignore the fine print on the retainer that says that you'll fork over about a third of any resolution to the attorney working on contingency, who will most likely settle the case since going to court actually requires time and money which the attorney probably doesn't want to spend on the case

That's the part that I don't get. Well, I do. But unless she's going to claim "pain and suffering" or something, the most she'd be entitled to is car repairs and doctor's bills, right?

 

[sam_gordon]

Insurance companies do not adjudicate fault. Do you have the police report yet? That will go a long way in determining fault. And under no circumstances, even if your insurance company accepts the liability, should you admit fault.

The adjuster/agent/whatever said he would determine liability. I do have the police report. According to the adjuster, the police report doesn't match my statement, which doesn't match the witnesses statement. He doesn't have the other driver's statement yet.

He did tell me not to worry about it, but that's easier said than done.

 

[Klayfish]

Insurance companies do not adjudicate fault.

Actually, yes they do. People think it's the police, but it's not. It's the insurance company, specifically the adjuster.

As many of you know, this is what I do for a living. I can explain it simple. Money. Money. Oh, did I mention money?

They're probably not actually injured. But here's exactly how this works....

Plaintiff lawyers have people who's job is to do nothing but scour police reports, scanners, etc...to find clients. They go recruit them and whisper all kinds of sweet things in their ear. The attorney will tell them what part of their body is hurt and what "doctor" (chiro) to go to. The chiro, which is just as shady as the lawyer, will tell them exactly what treatment to get and how long to get it, no matter what. They run up as many bills as they can, to make the claim look as big as they can. The "treatment" is usually a bunch of unnecessary x-rays, useless scans, then massage, ice packs, hot packs, e-stim (again, nearly useless). The attorney then sends a "demand" to the insurance company seeking a very large sum of money. Negotiations happen, the claim is settled. The attorney keeps 33-40% of it, which is basically most of the money the client would have pocketed on their own after paying the medical bills back (the attorney gets a kick back from the chiro too). If it doesn't settle, they will file suit. And it's not the insurance company they sue, it's you...the driver. The insurance company then has to spend more money providing a defense.

Before anyone gets all up in arms, yes, there are legitimate injuries that happen in auto accidents. No doubt. Those ones are REALLY a shame when an attorney gets involved, because they really take advantage of the injured person, in order to line their pockets. Often, they can interfere with the client getting the treatment they really need. Anyway, those cases are more of an exception. The majority are from the slimy attorney office that advertises on TV, with people who really aren't hurt, but want a payday.

OP, if you have any specific questions, don't hesitate to ask. If it is a TV attorney they hired, don't worry, it will definitely settle. Those law firms wouldn't know the inside of a courtroom if they stumbled into it...they don't litigate anything...they're just churn and burn operations.

 

[RedAngie]

It's like those personal injury firm commercials that play constantly during the day or late at night (like the one with the late Robert Vaughn admonishing "Tell the insurance company that you mean business - call the personal injury law firm of [insert name of local pi firm that paid to air the ad]") - they warn people that their insurance company will try to have them sign something releasing claims or give them very little in the way of money - so hire the attorney to get a mega-dollar resolution (please ignore the fine print on the retainer that says that you'll fork over about a third of any resolution to the attorney working on contingency, who will most likely settle the case since going to court actually requires time and money which the attorney probably doesn't want to spend on the case). The other person was likely told not to talk to the insurance company and let the attorney handle all discussions with the insurer. Not that unusual.

My favorite shady lawyer commercial is for the one who "eats insurance companies for breakfast."

 

[IAHFTPT]

My favorite shady lawyer commercial is for the one who "eats insurance companies for breakfast."

I have a local one that uses "The Hammer" as his motto. Sometimes I really can't even.

 

[Klayfish]

My favorite shady lawyer commercial is for the one who "eats insurance companies for breakfast."

I have a local one that uses "The Hammer" as his motto. Sometimes I really can't even.

The irony of that is that those firms are the ones that insurance companies have by far the least concern for, not the most. You can probably hear an adjusters eyes roll when they get a letter from one of them. They're just in it for a quick buck, there is zero "hammer". Most of the attorney there don't even know the name of the client.

 

[ShadeDK]

That's the part that I don't get. Well, I do. But unless she's going to claim "pain and suffering" or something, the most she'd be entitled to is car repairs and doctor's bills, right?

We wouldn't know enough about the specifics here to get into what she might be entitled to - it's enough to know that personal injury lawyers often try to get very creative with compensable injuries. The summary in the post by @Klayfish explains the whole process very well. And just to clarify the part of my earlier post on the contingency fees - that's money that she'd have to hand over to her attorney from any settlement/insurance recovery/judgment

 

[DisneyHardin]

I have a local one that uses "The Hammer" as his motto. Sometimes I really can't even.

You must be from the same city as me

I do have a good friend who is an attorney in “The Hammers” office. She is the sweetest most soft spoken person, you would never guess she is a personal injury lawyer.

 

[tvguy]

Insurance companies do not adjudicate fault. Do you have the police report yet? That will go a long way in determining fault. And under no circumstances, even if your insurance company accepts the liability, should you admit fault.

Yes, insurance companies do determine fault. And part of them covering you includes you agreeing that you will allow them to determine liability and what if any payments are made.

https://www.insurancehotline.com/fault-determination-after-an-accident-what-you-should-know/

 

[IAHFTPT]

You must be from the same city as me

I do have a good friend who is an attorney in “The Hammers” office. She is the sweetest most soft spoken person, you would never guess she is a personal injury lawyer.

I guess I shouldn't say local because I'm not in the same city as this lawyer. I just see his commercials because it's the biggest city nearby that I get my channels on cable from.

 

[tvguy]

OK, I'm not putting a lot of detail just in case this becomes something more, but I don't understand the motivation from another person.

A couple weeks ago I was involved in a fender bender (side swipe). Police came out and took a report. Other driver and I were out, walking around, and drove our cars away from the scene.

The next day I notified my insurance company. I downloaded the police report, sent that to the insurance company as well as the pictures I took of the damage to the other driver's car. A representative of the insurance company calls me, takes my statement of what happened over the phone. Says she'll get back in touch with me.

A couple of days later, a different agent calls me says the other driver is now making a injury claim. I think "what?" But oh well, maybe something manifested itself afterwards. I talk to that agent.

A couple days ago that agent calls me back, says he's tried talking to the other driver, she answers the phone and when he identifies himself, she hangs up. He opens a claim on her account (we have the same company) and it comes out that she has signed up a lawyer.

Now, this should be easy... get estimates on repairs to the vehicles, assign liability, and pay out. Why would someone get a lawyer before they've even talked to the insurance company? I could understand if you disagreed with what the insurance company was offering, but it never even got that far.

I will say I believe the other driver is at least partially liable (doesn't everyone in an accident believe that?), but wouldn't be surprised if insurance says it's totally my liability. That's beside the point IMO.

They could be legitimate injuries, or they could be what Highway Patrol Officers refer to as "insurance injuries". They may have no intent of suing, but reality is, it is cheaper for an insurance company to write a check for $20,000 that to defend you even if it is 100% clear you are not at fault. And the cheapest route is what they are after.