In need of some legal advice

[Woundup]

Hey guys, Not sure if we have any lawyers in here but if so I could really use some advice. About 2 weeks ago I was in a car accident where a girl hit me in the back end. While I am ok, my car is not. My insurance company finally came out to give me an estimate on repairs and instead told me that they would have to total my car. The vehicle is almost 10 yrs old so I kind of expected that to happen. But now they are only writing me a check for $2500 which is by no means compensation for my loss. I recently quit my career because I was un happy and wanted to do more in life. My fiancee has backed me 100% of the way. I have been working out of my house doing ebay stuff and pc repairs and costum builds, but I am by no means making what I was when I was working full-time and not going to school. As a result of this I can not afford to buy a new car right now. I am wondering is there anything I can do legally to pursue further payment from the girl that rear ended me? I am by no means the type of person that wants to crawl into a court room complaining about neck pain and I don't intend to do that. But, is their any other way to go about a legit lawsuit? The problem is this is a major blow to me and my fiancee that to be honest we can't afford. We were very dependant on that vehicle that I can no longer drive. If anyone can give me some advice I would greatly appreciate it.

[blars]

My wife and I have been through this twice since 2003. HER insurance company should be settling your claim...not yours...given that I assume it was her fault. (At least that's how it works in NE). Unfortunately, the amount you get for a "totaled" car is pretty open. The two cars of ours that the other parties were responsible for totalling basically paid off the loans on them and a little extra (if I remember correctly). So if you owned it free and clear, its pretty much up to what the fair market value of the car is before it was in the accident. I'm just getting payment for a settlement from the accident from April 2003 due to some minor injuries that my wife and I recieved. Anyway, that probably wasn't that much help...but I hope it does not take you that long to get the compensation you deserve.

[Woundup]

I filed thru my insurance company but hers is taking responsabilty for the accident. My concern is that $2500 by no means will allow me to get another reliable car. My car is mechanically sound in all aspects. If I got and spend the $2500 giving to me on another car I could and most likely will end up spending that alone in repairs down the road. I need a car that is going to be reliable and that I won't have to dump money into that I can't afford. $2500 just will not cut it unfortunately.

[ZoomZoom71]

Peench is a lawyer. He charges $3k per hour, so get ready...

[ZoomZoom71]

Seriously, you should be able to find a good-running Honda or Toyota for well under $5k. It may not look the best, especially in places where they use salt on the roads during the winter months, but at least it'll reliable wheels. Honestly, $2500 is plenty to get you around town. Just a thought.

[Woundup]

I have been looking at things and there really isn't much in the way of something reliable for that amount.

[KEEZY]

So this is probably the college, credit card dependent kid in me, but $2500 sounds like it'd be more than enough for a down payment on a newer car. Financing might be a pain... I don't know. If it were just for you, and you lived in a warmer climate, I'd suggest getting a scooter. I financed mine, and the monthly payment is only like $20 if you factor in what I'm saving in gas.

Sorry to hear about that though Woundup. You could try going to Police Auctions and stuff like that. My friend worked at a car dealership, and they would always get awesome deals at auctions. Bump what Zoom said... there are some great cars out there for under $5K.

[Wondermonkey]

keezy, you know damn well the olnly scooters we saw, in the Northeast, were in the village. Don't do that to the man!

[KEEZY]

Why??? I had fun at Cowgirl... except for the scorpion hostess.

[NPYYZ]

Originally Posted by Woundup

Hey guys, Not sure if we have any lawyers in here but if so I could really use some advice. About 2 weeks ago I was in a car accident where a girl hit me in the back end. While I am ok, my car is not. My insurance company finally came out to give me an estimate on repairs and instead told me that they would have to total my car. The vehicle is almost 10 yrs old so I kind of expected that to happen. But now they are only writing me a check for $2500 which is by no means compensation for my loss. I recently quit my career because I was un happy and wanted to do more in life. My fiancee has backed me 100% of the way. I have been working out of my house doing ebay stuff and pc repairs and costum builds, but I am by no means making what I was when I was working full-time and not going to school. As a result of this I can not afford to buy a new car right now. I am wondering is there anything I can do legally to pursue further payment from the girl that rear ended me? I am by no means the type of person that wants to crawl into a court room complaining about neck pain and I don't intend to do that. But, is their any other way to go about a legit lawsuit? The problem is this is a major blow to me and my fiancee that to be honest we can't afford. We were very dependant on that vehicle that I can no longer drive. If anyone can give me some advice I would greatly appreciate it.

I am in no way suggesting that you be dishonest here but, here's my story. I was rear ended back in 1999, there was more damage done to my truck then it was worth also but I was still able to drive it until it was time for an inspection sticker that is. I had no back or neck pain during the time of the accident so I didn't pursue a law suit. About a month after I signed off on a $3000.00 check for the other guys insurance Co. I began to get bad burning sensations in the back of my neck; they got so bad I could not move my head until they passed. I also started having bad lower back pain. I got it checked out and was told it was a direct result of the accident, but since I already signed off on the $3000.00, there was nothing I could do. After several trips to the Dr. and about $7000.00 in medical bills the pain in my neck is gone but my lower back is messed up and needs surgery to fix, but I’m not going to do that, I'll just live with it. If I had got my self checked out right after the accident I would be sitting pretty right now with a very large bank account.

I had no injuries or pain at all right after the accident just a bit of a stiff neck, my head snapped back against the rear window of my truck when I was hit. It took a month for this to set in so be prepared.

Get your self checked out before you sign off on a pay out.

PS: Any lawyer will tell you that a rear end accident is the easiest pay out to get. Total fauly of the other driver 99.9% of the time. Take em to the bank. I wish I did. If I ever get rear ended again I'm treating it as if I just won the lottery.

[BrewCityUpstart]

Use the Baseball Bat of Great Justice.

[AZRaiderH8r]

I agree completely with NPYYZ. I was a passenger in a buddy's car that was rear-ended by another friend of ours about 12 years ago, and we weren't badly hurt at the time. Because it was our friend we settled for the $500 offer his insurance company gave us. However, about a year after the accident I started developing migraines/tension/cluster headaches that I'd never had before. After years of various medications and treatments, I'm pretty much stuck with them.

Make sure that you get a thorough check-up, and start hitting those Auto Trader magazines. Hopefully $2,500 will get you a set of reliable wheels. I feel for you man...

[Fragmintz]

This is NOT LEGAL ADVISE, but I would seriously consider riding public transportation and holding off on accepting a check until after you consult with a lawyer and a doctor. Most lawyers will take a case like this for a percentage of the recovered fee. Once you accept a check from your insurance company the case is pretty much closed. Your insurance company will just seek reimbursment from the girl's insurance company and then you are barred from seeking more money.

Go to the lawyer first. You should be able to get a free consultation on the matter, and any lawyer who charges you for the consultation is not worth working with. The lawyer will then tell you your best options, probably have you get checked out by doctor, and then let you know what he/she thinks your case is worth.

As others have said, the fair market value of your car is only $2500 and that is all your car is worth in court as well. However, any pain you may have and other damages may be quantifiable and recoverable. As others have also said, you may have a latent injury that will only manifest in the future. Don't sell yourself short by accepting the first offer of the insurance company.

Lastly, it is important to note that the majority of these case NEVER see a courtroom. Your lawyer will likely get you a settlement amount, which could have a wide range depending on your injuries. Also, since the consultation is free, and most personal injury work is done for a percentage of the recovered settlement or judgment, you don't have much to lose by consulting with a lawyer. The only thing that is bad about going this route is that it will take time. Often, the last $1000 of a such a settlement is the hardest to negotiate, but that is why I suggested using public transportation if possible. Good luck!

[WormholeXtreme]

Unfortunately if it does go to court it could be 1 to 2 years before it's settled. I know three people that got rear ended and had to go to court or fight the insurance comapny for several thousand in lost wages and time. It took between 1 and two years for each person to have the case settled and actually get a check from it.