Need some advice on car accident.

[Shinydiamond1]

I was injured in a rear end collision In FL, back in 2018. I was the driver. While making a turn the other car rear ended me and when the police came he was ticketed for reckless driving. I ended up having to go to court because he wanted to fight his ticket and the judge still found that he was at fault, so pretty cut and dry he is at fault. I finished physical therapy in 2019 and basically my lawyer has been going back and forth with the at faults driver insurance company with NO OFFER what so ever because the insurance company didn’t want to take fault. So now in April 2021 my lawyer is telling me they finally gave us a very low offer that we shouldn’t take but says that the case needs to go to litigation but they don’t want to take it to litigation. I just don’t understand why my attorney now wants to say they can’t take it to litigation but will find us a lawyer who does. This whole process is so long and drawn out what were they doing the past two years to now when it’s time to fight they want to pass us off to someone else? Is this normal? Never been in this situation.

 

[Shinydiamond1]

My question also is why does it take so long just to get an offer from an at fault company? Why do some people get a settlement quick. Basically if this goes to litigation I’m going to have to wait another 3 years or take the crappy offer, which I was recommended not to take.. was my lawyer not working on my case all this time? Everything just seems so shady

 

[Zigner]

There is simply no way we can answer your questions...how would we know?

 

[adjusterjack]

Which one of these did you suffer as a result of the accident?

(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.

Because, if you didn't meet one or more of those thresholds there is no recovery of money for "pain, suffering, mental anguish, and inconvenience" per Florida statute 627.737.

http://www.leg.state.fl.us/Statutes...ng=&URL=0600-0699/0627/Sections/0627.737.html

Without any of those 4 elements there may not be enough potential money in it to be worth the expensive cost of litigation that your lawyer will have to front. Getting another lawyer might not help.

I don't think that the other insurance company is saying that their driver didn't cause the accident. I think they are saying that you are not entitled to compensation under the no-fault statute. Any money you have been offered is likely being treated as "go away" money without any admission of liability.

 

[Shinydiamond1]

Which one of these did you suffer as a result of the accident?

(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.

Because, if you didn't meet one or more of those thresholds there is no recovery of money for "pain, suffering, mental anguish, and inconvenience" per Florida statute 627.737.

http://www.leg.state.fl.us/Statutes...ng=&URL=0600-0699/0627/Sections/0627.737.html

Without any of those 4 elements there may not be enough potential money in it to be worth the expensive cost of litigation that your lawyer will have to front. Getting another lawyer might not help.

I don't think that the other insurance company is saying that their driver didn't cause the accident. I think they are saying that you are not entitled to compensation under the no-fault statute. Any money you have been offered is likely being treated as "go away" money without any admission of liability.

okay makes sense. I guess my frustration stems from the fact that we have been going back and forth for this long just for my lawyer to say they will get me the best offer then in the end they tell me to find another lawyer that will take it to litigation because my case is worth more.... when I google information it says that after a demand letter is sent we should get an offer within a month or so yet I’m getting a offer 2 years later to be told to go to another lawyer lol it’s just a mess. I hate how not up front these lawyers can be

 

[adjusterjack]

How much is the offer?

And what were your injuries?

How much were your medical costs?

Did your PIP and/or medical insurance cover them?

 

[Shinydiamond1]

How much is the offer?

And what were your injuries?

How much were your medical costs?

Did your PIP and/or medical insurance cover them?

15K was the offer and I have no idea what the medical bills are because my lawyer of course said they will handle it and make sure we don’t have to see the bills. I am no skeptical about everything and no they haven’t been covered my lawyer keeps up with these things. I’m not too hands on because I never got a bill, plus I have never been in this situation before so I’m just relaxing listening to my lawyer. It’s all bullshit.

 

[PayrollHRGuy]

You have two options going forward. 1) Get involved and ask your lawyer to provide the information you need (like the medical costs) so you can make educated decisions or 2) keep relaxing and let the lawyers handle everything and take what you are given at the end of it all.

 

[adjusterjack]

15K was the offer and I have no idea what the medical bills are because my lawyer of course said they will handle it and make sure we don’t have to see the bills. I am no skeptical about everything and no they haven’t been covered my lawyer keeps up with these things. I’m not too hands on because I never got a bill, plus I have never been in this situation before so I’m just relaxing listening to my lawyer. It’s all bullshit.

Seems like you have a shyster ambulance chaser who takes advantage of naive victims. Time for you to engage in damage control and self preservation.

Personally visit every place where you have received medical treatment since the accident. Get copies of all the bills. Find out if they've been paid and who paid them. Get receipts or some documentation of payment. If they've been paid, chances are that your lawyer submitted them to your own auto insurance company under your PIP (Personal Injury Protection) coverage. You can call your own insurance company's claims department (toll free number likely shown in your policy papers) and confirm that.

If the bills have not been paid, call your insurance company's claims department and see if a PIP claim has been opened. If not, open one and send copies of the unpaid bills to your insurance company.

Also, if they haven't been paid, get all three of your credit reports from www.annualcreditreport.com to see if any of them got sent to collections. Medical providers don't wait two years to get paid without trashing somebody's credit.

When you've done that come back to this thread and report the following.

Total dollar amount of all your medical bills.
Dollar amount of earnings that you may have lost if you missed work and didn't get paid.
Your PIP limit from your auto insurance policy.

The answers to those three questions may explain why you got a $15,000 offer from the other driver's insurance company.