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-   -   Possible small claims lawsuit (https://www.askmehelpdesk.com/showthread.php?t=405793)

  • Oct 14, 2009, 07:19 AM
    excon
    Quote:

    Originally Posted by JudyKayTee View Post
    I think it will cast a shadow on the negotiations.

    Hello again, p:

    Judy is right. YOU can't call them anymore... But, it won't negatively effect negotiations your lawyer will enter into with the insurance company. It's adversarial in the first place. Who cares who likes who?

    The insurance company will settle because it will cost them less than it would to defend the suit. Personalities don't matter.

    excon
  • Oct 14, 2009, 07:22 AM
    JudyKayTee
    Quote:

    Originally Posted by excon View Post
    Hello again, Judy:

    I agree. HE can't call them anymore... But, I don't think it will negatively effect any negotiations his lawyer will enter into with the insurance company. It's adversarial in the first place. Who cares who likes who?

    The insurance company will settle because it will cost them less than it would to defend the suit. Personalities don't matter.

    excon



    He doesn't have a Lawyer - he's doing this himself.

    Agreed that personalities are not going to matter in the long run IF there is an Attorney involved.

    Will the insurance company settle because it's less expensive than defending? I can't speak for California. I can speak for NY. Insurance companies are taking a stand. They have counsel on retainer. That counsel can either look out the window all day and read magazines OR work on cases. I've seen insurance companies take stances that I can't believe, particularly when I've done the investigation.

    It's never about the injury. It's about the dollar amount.

    If OP cannot prove lost wages he is not going to collect lost wages. No insurance company is going to simply "kick in" without proof.

    Again - I can only speak for no fault and NY.
  • Oct 14, 2009, 07:24 AM
    excon
    Hi Judy:

    You're just toooooo fast for me... I changed it..

    excon
  • Oct 14, 2009, 07:25 AM
    panther196

    In scc I would file separately for p&s & med bills but both would be heard at the same time. The at fault person is in her 70,s (husband also). They have had their ins co for many yrs. This was her first accident (mine also).
  • Oct 14, 2009, 07:29 AM
    excon
    Quote:

    Originally Posted by panther196 View Post
    In scc i would file seperately for p&s & med bills but both would be heard at the same time.

    Hello again, p:

    At the risk of being redundant, you want to sue for $800?? And, that's only if you win. That ain't a given.

    excon
  • Oct 14, 2009, 07:30 AM
    JudyKayTee
    Quote:

    Originally Posted by panther196 View Post
    In scc i would file seperately for p&s & med bills but both would be heard at the same time. The at fault person is in her 70,s (husband also). They have had their ins co for many yrs. This was her first accident (mine also).



    You can only file once for each claim - and this is one claim, caused by one accident.

    The woman's driving history and age, how long they've had their insurance, mean nothing to the Court.

    You say it was admittedly their fault - nothing else matters.
  • Oct 14, 2009, 07:33 AM
    panther196

    I still deserve more then 3k for p&s. This accident has changed my life. I had nightmares after the accident cause a few seconds later & I would have hit the passenger side door & most likely severely injured or killed the husband. I was looking at him as we collided. Afterwards he told me he has a pacemaker. I just don't know what to do. I may just break off contact with the ins company for awhile & weight my options.
  • Oct 14, 2009, 07:36 AM
    JudyKayTee
    Quote:

    Originally Posted by panther196 View Post
    I still deserve more then 3k for p&s. This accident has changed my life. I had nghtmares after the accident cause a few seconds later & i would of hit the passenger side door & most likely severly injured or killed the husband. I was looking at him as we collided. Afterwards he told me he has a pacemaker. I just dont know what to do. I may just break off contact with the ins company for awhile & weight my options.


    Your options are: pursue this yourself. Retain an Attorney.

    You have no other options.

    What you do or do not deserve will be decided by the insurance company, Attorney and if all fails, the Court.

    It's been my experience that the more you talk to the insurance company the more harm you do to your own case.
  • Oct 14, 2009, 07:47 AM
    excon
    Quote:

    Originally Posted by panther196 View Post
    I still deserve more then 3k for p&s..... I may just break off contact with the ins company for awhile & weight my options.

    Hello again, p:

    Please READ what we say. Nobody here is saying you DON'T deserve more. In fact, everybody here is in agreement that you need a lawyer to sue for what the claim is REALLY worth.

    If what you said is true, I don't know WHY you're still talking to the insurance company. You don't really thing they're going to offer more NOW, do you?? Look. You negotiated the best that you could. You got an offer. Take it or sue (but NOT in small claims court).

    excon
  • Oct 14, 2009, 07:51 AM
    panther196

    Not very long ago in ca a neighbor of mine got a 20k settlement. Her attorney fees were $7,762.00, med bills were 9,138.00 & she got $3,100.00 for p&s.
  • Oct 14, 2009, 08:02 AM
    JudyKayTee

    That was your neighbor. That isn't/wasn't you. Unless the neighbor had EXACTLY the same accident, same injuries, same insurance, same lost wages this is meaningless where your accident is concerned.

    I really think it's time to close this thread. If you want to play Attorney, then do so but it's not fair to other people who have legitimate questions and time is being spent here going around and around with this same issue.
  • Oct 14, 2009, 08:03 AM
    excon
    Quote:

    Originally Posted by panther196 View Post
    Not very long ago in ca a neighbor of mine got a 20k settlement. Her attorney fees were $7,762.00, med bills were 9,138.00 & she got $3,100.00 for p&s.

    Hello again, p:

    So?? Ain't got NOTHING to do with you.

    Dude, I know it's early in California, but call up some lawyers... This is a SLAM DUNK for them. There has got to be some lawyer out there willing to make a few bucks.

    excon
  • Oct 14, 2009, 08:09 AM
    JudyKayTee
    Quote:

    Originally Posted by excon View Post
    Hello again, p:

    So??? Ain't got NOTHING to do with you.

    Dude, I know it's early in California, but call up some lawyers... This is a SLAM DUNK for them. There has got to be some lawyer out there willing to make a few bucks.

    excon



    Actually I think OP is a dude-ette.
  • Oct 14, 2009, 09:23 AM
    Fr_Chuck

    And there are 1000's of case where there was no pain and suffering awarded also.

    Thread closed

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