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Like everything else, personal recommendations are the best way to go. Ask your friends or professors if they've had a legal issue and who their lawyer was (doesn't matter what kind of legal issue since you probably won't wind up using that lawyer). Now go to that lawyer and say "hey can you recommend me somebody who might be able to help with issue x?"
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Oct 30, 2014 20:57
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Thanatosian posted:IANAL, but you should start with your insurance, and see what they offer. Did you have UIM (un-/underinsured motorist) coverage? I've filed a claim but I'm still waiting for them to tell me the final amount. I just know it's gonna be crap. I was in the same situation 5 years ago and they gave me next to nothing. I do have coverage for uninsured but since my insurance would have to pay out they'll raise my rates that much more. Southern Vulcan fucked around with this message at 21:07 on Oct 30, 2014 |
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Oct 30, 2014 21:05
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Kalman posted:Like everything else, personal recommendations are the best way to go. Ask your friends or professors if they've had a legal issue and who their lawyer was (doesn't matter what kind of legal issue since you probably won't wind up using that lawyer). That's a good idea. I'll do that.
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Oct 30, 2014 21:06
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Southern Vulcan posted:I've filed a claim but I'm still waiting for them to tell me the final amount. I just know it's gonna be crap. I was in the same situation 5 years ago and they gave me next to nothing. Have you gone to a doctor or anything? Like, documented? Also, since you slammed into the car in front of you and totaled it, odds are your rates were going up, anyhow. Ham Equity fucked around with this message at 21:11 on Oct 30, 2014 |
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Oct 30, 2014 21:09
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Southern Vulcan posted:I've filed a claim but I'm still waiting for them to tell me the final amount. I just know it's gonna be crap. I was in the same situation 5 years ago and they gave me next to nothing. I was hit by an UIM who was clearly at fault and my rates didn't go up at all after the claim, so don't necessarily bet on that.
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Oct 30, 2014 21:12
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Southern Vulcan posted:I do have coverage for uninsured but since my insurance would have to pay out they'll raise my rates that much more. IANAL. But some quick Googling tells me they aren't allowed to increase your premium for an accident that wasn't your fault. "http://law.justia.com/codes/florida/2010/TitleXXXVII/chapter626/626_9541.html posted:3.a. Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer’s file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.
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Oct 30, 2014 21:19
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I only hit the car in front of me after I was hit. I was completely stopped prior to the accident. I can't imagine they would make me pay for their car when it's not my fault the car hit me.
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Oct 30, 2014 21:32
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Thanatosian posted:Have you gone to a doctor or anything? Like, documented? I went to the ER afterwards. I got some spinal X-rays and a script for muscle relaxants. One more thing I should have mentioned. Although the accident took place in Florida my insurance is from North Carolina. I kept my old insurance when I moved here for school.
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Oct 30, 2014 21:33
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Car insurance works by taking the process of going to Court, winning a judgment, and collecting on it and boiling it down to insurance adjusters deciding the most likely outcome and doing that. Any damages you elect to have your insurance pay for, you will generally be "subrogating" those claims to your insurance company - handing them over in exchange for the money. Then your insurance company can go sue to get that money back for themselves. The types of damages that are recovered fall into a few totally unofficial categories: 1) Damage to Personal Property (your hosed up car and any expensive stuff inside that got broke) - The value of these things is determined by appraisals, estimates, receipts, and ultimately agreement. 2) Personal Injury (your hospital bills) 3) "Pain and Suffering" as its called in Texas. - What is your physical pain worth in $$$? 4) Most states do not allow recovery for things like time off work to recover, and 'this was really inconvenient for me and my family.' Most states have their own laws about how insurance claims should be handled, and many states have an Insurance Board that actually writes the insurance policy that all drivers in that state use. What kinds of, and how much damage is covered by these policies is a state-by-state analysis. Your insurance adjuster is supposed to answer questions like this for you, and you're allowed to call them any time and ask. You should certainly talk to a reputable and trustworthy lawyer, but expect him to talk to you about the risk of paying him $$$ to go get $$$ from some loving deadbeat who doesn't have enough $$$ to buy insurance. Ask the lawyer you talk to about whether the owner of the car could be liable. In Texas, that is called a "negligent entrustment" claim, and it almost never ever works. The thought here is that fault and damage arises from the negligent conduct, not the lack of insurance. Good luck.
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Oct 30, 2014 21:37
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Alchenar posted:http://forums.somethingawful.com/showthread.php?threadid=3266659&userid=11127#post433254345 The irony here is that I wanted to stay then, and move now.
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Oct 30, 2014 21:59
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Southern Vulcan posted:I went to the ER afterwards. I got some spinal X-rays and a script for muscle relaxants. Also you should probably know that insurance companies love to absolutely gently caress over people with soft-tissue injuries like back and neck pain so you're definitely going to want a lawyer who knows what they're doing in this area. You're the doctor, so you probably know that you're at risk of on-going problems like whiplash or whatever, so definitely document the hell out of everything and make sure your condition is being tracked. I don't practice anywhere near Florida so I can't make any kind of useful suggestion but maybe someone here will. Good luck!
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Oct 30, 2014 22:03
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Hey Tampa guy, make sure you talk to a lawyer before you accept anything from your company. I don't know Florida's laws, but your uim insurance may try to stiff you. Worst thing that happens is you go to a thirty minute consult for free and they say yeah you're hosed. Obviously you're not looking at this as a pay day but as a "can I please get a car again" deal. Anyone from Florida have a consensus on Morgan and Morgan?
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Oct 30, 2014 22:07
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Southern Vulcan posted:So this morning There is absolutely no way for you to know this and you should know that if you're a med student. You are doing to feel like you got run over by a truck in the morning. If you didn't go to the hospital or see your GP you need to go do that as soon as possible. edit: new page, I see you did, so that's good. But you still won't know for sure and you will feel like rear end tomorrow.
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Oct 30, 2014 22:22
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Kalman posted:Like everything else, personal recommendations are the best way to go. Ask your friends or professors if they've had a legal issue and who their lawyer was (doesn't matter what kind of legal issue since you probably won't wind up using that lawyer). For example, if I wanted a divorce lawyer, would I be out of line by looking up personal injury lawyers and cold calling them to ask for a recommendation? Seems like that would just irritate them.
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Oct 31, 2014 00:31
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SkunkDuster posted:For example, if I wanted a divorce lawyer, would I be out of line by looking up personal injury lawyers and cold calling them to ask for a recommendation? Seems like that would just irritate them. That'd be a little weird. That's why I said ask your family/friends/profs if they've needed one, so it's at least someone you can get an introduction too.
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Oct 31, 2014 00:47
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Southern Vulcan, I want you to sit down. You're already sitting? Good. Now clear your mind of all thoughts. Focus your mind's eye into a single point of light, and feel the universe fall away around you. Imagine the world goes silent and all you can hear is your own heartbeat. You have no emotions or thoughts, and time folds in on itself. You exist and nothing more Maintain that state of mental purity. And from that neutral place, evaluate the following: "I just got hit by a reckless uninsured driver. I want to replace my car but I don't have the money. My insurance company would give me money if I asked, but then my rates might go up somewhat!" If you have followed my instructions properly, then you will know the answer to your problem.
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Oct 31, 2014 00:55
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Southern Vulcan posted:First of all I'm in the Tampa Florida area. Get a lawyer immediately. Also, your settlement/award will be based on your documented damages. Your lawyer may suggest that you get an MRI, CT Scan, and physical therapy. The bad driver got a ticket for no insurance because she couldn't produce proof of insurance. That does not mean that the car was not insured, just that she couldn't prove it. Your recovery is likely not limited to what that uninsured motorist owns but can probably reach to the car owner. In other words, the people at fault might not be judgment proof. If there's a lawsuit then the frontmost driver will sue you, the person at fault, and the owner of her vehicle. Don't let this get you down, it's just how things work. Most of all, get a lawyer. You probably have a good case that many lawyers would love to take on contingency.
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Oct 31, 2014 01:02
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patentmagus posted:If there's a lawsuit then the frontmost driver will sue you, the person at fault, and the owner of her vehicle. Don't let this get you down, it's just how things work. I would be sued? That's bizarre. So would I be liable for their damages or just the person who hit me? I don't feel like that's fair. I would have never hit anyone if I hadn't been slammed into first. I suppose the resounding advice is to get a lawyer. It's encouraging so many of you think I could potentially have a case. When I saw Florida was a "no fault" state I felt like there was no hope of getting a decent settlement. I'll call some lawyers tomorrow morning and keep you guys updated. Also flexeril is beyond useless. I guess that's good for me to have some firsthand experience with it before I hand it out future patients.
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Oct 31, 2014 05:32
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Anyone can sue for anything. Them suing you along with everyone else involved doesn't mean they'll win.
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Oct 31, 2014 06:05
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Southern Vulcan posted:Also flexeril is beyond useless. I guess that's good for me to have some firsthand experience with it before I hand it out future patients. What kind of schooling are they giving you doctors these days? Patient response to medication can be highly particular to the individual and your anecdote is not scientific data to rely on. If you're having significant pain and day to day impairment of function, time to get another medical evaluation and a new prescription.
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Oct 31, 2014 06:26
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Southern Vulcan posted:When I saw Florida was a "no fault" state I felt like there was no hope of getting a decent settlement. No Fault just means you work through your insurance company who will make you whole immediately vs having to deal with other people's insurance who have no reason to keep you happy or believe your story since you aren't a customer. Have you filed with your insurance yet? If you think they're low balling you on the value of your car that's one thing but if they're giving you the fair value for the car but it's not enough to get the replacement you want then hitting the other guy's possibly-nonexistent insurance isn't going to change that.
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Oct 31, 2014 14:44
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Southern Vulcan posted:I suppose the resounding advice is to get a lawyer. This is not the best advice the thread is giving you.
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Oct 31, 2014 14:49
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Also for goons who live in states which have car insurance full tort options, get the full tort option you loving cheap bastard. Huh that's only in Pennsylvania
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Oct 31, 2014 15:04
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euphronius posted:Also for goons who live in states which have car insurance full tort options, get the full tort option you loving cheap bastard. What is that?
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Oct 31, 2014 15:10
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If you pay for full tort, you can sue for all damages. If you have limited tort, you can only sue for medical expenses and a couple other things but NOT PAIN AND SUFFERING. Good god.
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Oct 31, 2014 15:13
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In VA, pain and suffering doesn't exist. Or maybe it's considered ubiquitous since you're within the state. But you get jack poo poo for it 
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Oct 31, 2014 17:33
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Living in VA is pain and suffering enough, we don't want your LIEBERAL lawsuits tying up our precious courts.
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Oct 31, 2014 17:51
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euphronius posted:Also for goons who live in states which have car insurance full tort options, get the full tort option you loving cheap bastard. And New Jersey has the option too, although I think adding the limited tort option is what got insurance companies to come back to NJ. But FL appears to be limited tort, so Southern Vulcan has an uphill battle for pain and suffering. "http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html posted:In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of: I did prevail in a personal injury claim while under limited tort in NJ, but it was a motorcycle accident where I spent months learning to walk again, years to do so without a limp and have permanent range of motion issues in my shoulder.
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Oct 31, 2014 18:17
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Yeah I think PA has similar language and the courts have strictly construed it.
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Oct 31, 2014 18:54
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Just so I'm clear, I did file an insurance claim. I was going to do that regardless of what happens to my rates. I just mention those because I remember how much they went up 5 years ago when I was in the exact same situation and I'm trying to head off another spike. I spoke to a lawyer today who wants to move forward with this as a personal injury case. She sounded pretty enthusiastic about my chances and odds of getting at least something in addition to the insurance claim. She's agreed to work for 25% of the final claim so I'm not paying for anything out of pocket. She also agreed to help me properly appraise how much my car was worth. She said that insurance companies typically lowball car values so they don't have to pay out as much and this would help me raise the value of my car thus raising the claim. She's doing this as a courtesy for moving forward with the personal injury case. I didn't sign anything yet. She said she'd let me have till Monday to think it over. It seems like a pretty good deal. I could get a bigger insurance claim and have the chance at more through a personal injury suite. It would require some time on my part but I think it's doable. Is there any reason this isn't a win/win? Is there something big I'm missing here?
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Oct 31, 2014 20:27
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I'm confused. What just happened? It seems like someone was told to get a lawyer and they did. What is this thread coming to?
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Oct 31, 2014 20:58
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Motronic posted:I'm confused. What just happened? It's sense. Now for people to stop second guessing their lawyers in a public forum...
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Oct 31, 2014 21:17
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Southern Vulcan posted:She's agreed to work for 25% of the final claim so I'm not paying for anything out of pocket. Double-check who covers costs in the interim (court fees, investigation costs, experts if needed, etc.) Motronic posted:I'm confused. What just happened? I'm so proud right now I'm tearing up a little. We succeeded, guys.
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Oct 31, 2014 21:22
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Southern Vulcan posted:Just so I'm clear, I did file an insurance claim. I was going to do that regardless of what happens to my rates. I just mention those because I remember how much they went up 5 years ago when I was in the exact same situation and I'm trying to head off another spike. WHO IS PAYING THE COSTS OF TRIAL FOR ONLY 25% ITS PROBABLY YOU Personal Injury - > doctor's deposition + testimony - > $3,000 +
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Oct 31, 2014 21:26
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euphronius posted:WHO IS PAYING THE COSTS OF TRIAL Excellent point. This was not mentioned at all. I'll follow up on that. I can't afford to front that kind of cash. If she does expect me to do that I'll have to find another lawyer. This is why I ask questions. I've never done anything like this before and I'm learning an awful lot. I really appreciate you guys' advice.
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Oct 31, 2014 21:35
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It is doubtful you will find a lawyer that will front costs. If they do they are going to take ~ 50% PLUS recoup their costs. BUT MAYBE A DOCTOR"S TESTIMONY WONT BE NECESSARY.
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Oct 31, 2014 21:41
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Aren't expert witness fees covered by court costs in the US?
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Oct 31, 2014 21:58
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Dwarf posted:Aren't expert witness fees covered by court costs in the US? In death penalty cases, usually. In non-capital criminal cases, rarely. In non-criminal cases, no.
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Oct 31, 2014 22:16
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Wait, insurance claims typically involve assigning the cause of action to the insurance company. Is that not the case in florida?
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Oct 31, 2014 23:14
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Or maybe because she's in med school she can find a doc who will testify pro bono.
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Nov 1, 2014 05:07
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