I was involved in a motor vehicle accident (MVA) back in Sep 07. I fractured C2 and was flown to hospital by helicopter. I was released 24 hrs latter and was treated non-surgically with a Miami-J collar. I was in collar for 5 months and lost 7 weeks from work. I am out of collar now and driving again. The accident was the other parties fault for failing to yield right of way. Other party admitted; police report stated and witness testified to this event. My car was totaled and I had significant medical expense as well as my wife staying home to care for mr from work. So far the other insurance Co has cooperated but has not settled. They contact me every month to see how I am doing. I was seeing the doctor every 3 to 6 weeks. He will see me again in 6 months exactly 1 yr after accident.

Questions:

What am I entitled to?

Should I get a lawyer or wait and go to settlement table to see what offer is made?

Is it wise to represent yourself.

I have all documentation and a daily log since the accident...

Thanks

mmitchmcp

No it is not wise to represent yourself, get an attorney.

[QUOTE=mmitchmcp]
Questions:

What am I entitled to?

Speaking only for NYS but "most" States are similar: If the facts are as you state them you are entitled to have your medical (and related) expenses paid and be made "whole." You are entitled to recover for pain and suffering. Are you in a no fault State?

Should I get a lawyer or wait and go to settlement table to see what offer is made?

You would be foolish to even attempt to settle until you know the extent of your damages - at this point the insurance company shouldn't even be discussing settlement with you. Traditionally Attorney-negotiated settlements have been much, much higher than those negotiated by the individuals involved, Attorney's fees considered. Every penny the insurance company doesn't pay you ... the insurance company gets to keep.

Is it wise to represent yourself.

No - and I trust you have filed the necessary documentation with BOTH insurance companies and the time frame within which to do so has not expired - ?

I have all documentation and a daily log since the accident...

Smart - I preach daily log to people all the time and they look back at me with confusion on their faces - a year from now you're not going to remember how much you hurt, how limited you were and that is the purpose of your daily log.

Judy - you took the words right out of my mouth! Yes, see an attorney before you even think of settling your claim. You would be doing yourself a disservice otherwise.

Definitely see a lawyer. Even if they get 30% of your settlement, the settlement will be significantly higher than what they would offer you without one.