Car accident - may need legal help | FerrariChat

Car accident - may need legal help

Discussion in 'Texas' started by jakermc, Oct 16, 2006.

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  1. jakermc

    jakermc Formula 3
    Owner

    Jan 17, 2004
    1,804
    Palm Beach, FL
    Full Name:
    Rob
    Long story short, I was rear ended last week while driving my wife's Porsche 968. The car is pretty messed up and I am still feeling the effects of the hit in my back and neck. Anti-inflamatories and muscle relaxers are not helping.

    As much as I despise PI attorneys and frivolous lawsuits, the insurance company (for the guy who hit me, not mine) has become difficult to work with and I don't have time to manage this process. Any recommendations for legal representation?

    The silver lining is I bought Karen a 2003 911 coupe to replace the 968.
     
  2. f1_nix

    f1_nix Formula 3
    Owner Rossa Subscribed

    Aug 12, 2005
    2,183
    Ft. Worth, TX
    Have you talked to your insurance company? Maybe they would sue the other guy's insurance company for you.
     
  3. jimpo1

    jimpo1 Two Time F1 World Champ
    Owner Silver Subscribed

    Jul 30, 2001
    24,903
    Dallas, TX
    Full Name:
    Jim E
    Be careful, Karen might ask you to drive her car more often! :)
     
  4. brokenarrow

    brokenarrow F1 Rookie

    Sep 25, 2006
    3,737
    Txass
    Full Name:
    Bill
    You need an attorney. Your insurance company will subrogate on your behalf to obtain reimbursement of medical expenses or property damage that they had to pay to make you whole (up to your limits). Get an attorney as soon as possible. I strongly suggest you see a specialist regarding your neck and back. I'm not a doctor, but I had similar problems and was diagnosed with whip lash. The other guy's insurance company will not take you serious until you get an attorney. Do not sign ANYTHING! See your doctor asap if you are in pain and get a lawyer NOW.

    You also may want to seek deminition (spelling) of value, an additional consideration for high-end vehicles that become damaged and repairs are unable to bring the car back to "full value" (what it was worth prior to the accident). This is obviously secondary to any physical injury claims that the insurance company will be in a big hurry to settle. Remember, the other guy's adjuster gets paid to keep your claim at a bare minimum--he's not there to help you!
     
  5. drjohngober

    drjohngober Formula 3

    Jul 23, 2006
    2,040
    Cville and Gbury Tex
    Full Name:
    Dr.John Gober
    e mail sent.
     
  6. WJHMH

    WJHMH Two Time F1 World Champ
    Silver Subscribed

    Sep 5, 2001
    26,453
    Panther City, Texas
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    WJHMH
    Sorry to hear about that Rob, I hope everything gets better.
     
  7. FarmerDave

    FarmerDave F1 World Champ
    Consultant

    Jul 26, 2004
    15,782
    Full Name:
    IgnoranteWest
    Good advice. Hope you feel better soon!
     
  8. TX907

    TX907 Formula Junior

    Sep 13, 2005
    924
    Keller, TX
    Full Name:
    Garrick
    Pain and treatment can drag out on the medical end. Best to have a good attorney and try to get the car damage settled quickly and make sure you have as long as you need on the medical end. My wife has dealt with this, thankfully on nothing too serious.
     
  9. Schatten

    Schatten F1 World Champ
    Owner

    Apr 3, 2001
    11,238
    Austin, TX
    Full Name:
    Randy
    Rob, take care of that back and neck, you only have one spine. It is more than likely inflamed, irritated and over the counter items just isn't going to do the job. I hope you get good doc advice and even more so, a speedy recovery.
     
  10. LightGuy

    LightGuy Four Time F1 World Champ
    Silver Subscribed

    Oct 4, 2004
    45,569
    Texas
    Full Name:
    David
    I rear ended a Geo Metro beater a while back , just dented the rear bumer slightly.
    My Insurance company said they settled for 10K. Insane !
     
  11. FarmerDave

    FarmerDave F1 World Champ
    Consultant

    Jul 26, 2004
    15,782
    Full Name:
    IgnoranteWest
    Don't tell them what your weekend hobby is! Will only make things more difficult.
     
  12. jakermc

    jakermc Formula 3
    Owner

    Jan 17, 2004
    1,804
    Palm Beach, FL
    Full Name:
    Rob
    Got results of the x-rays yesterday. Some soft tissue damage but nothing skeletal, which is good. My injuries rate about a 3 or 4 on a scale of 10, though one spot around the C3/C4 vertabrae is a bit worse. I'll have therapy for the next 4 weeks, 3x per week.

    I hope I am comfortable enough to drive on the track again soon. Right now turning my head left or right is uncomfortable. I can do it, but need to do it slowly. Certainly not safe on a track. Even driving on the street it a bit strange. I'll be doing the rally this weekend but don't think I'll be carrying the same speeds I have in the past. Reaction time just isn't there right now.

    I ended up calling an attorney recommended from someone here. I didn't want to take that step, but as everyone said, the insurance company was dragging their heels and I don't have time to manage the process. They came to look at the car yesterday while I was at work ( I left it outside at home) and they left a note saying it needs to be brought into a shop for proper evaluation. I assume that means he suspects there is hidden damage. The car won't start now and the driver's door is misaligned. Not a good sign when the impact was in the rear.
     
  13. jakermc

    jakermc Formula 3
    Owner

    Jan 17, 2004
    1,804
    Palm Beach, FL
    Full Name:
    Rob
    So it was a new one that just left the factory? :)
     
  14. jimpo1

    jimpo1 Two Time F1 World Champ
    Owner Silver Subscribed

    Jul 30, 2001
    24,903
    Dallas, TX
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    Jim E
    Call your friend Jano for all your bodywork needs.....
     
  15. Cajun

    Cajun Formula 3

    Mar 20, 2004
    1,618
    Da BY-U
    Full Name:
    MJG
    Rob,

    I am a PI attorney. I understand that you may not care for us, but just like most unsavory creatures on earth, we are necessary! :)

    The advice you received above is pretty much spot on. I am glad to hear that you hired an attorney...there is a lot more to "managing this process" than meets the eye.

    The only thing I would recommend is that you DO NOT participate in the upcoming rally. Your participation will call in to question the seriousness of your injuries. Also, should something unfortunate occur (knock on wood), the insurance company will challenge not only the extent of your original injuries, but whether or not they should be held responsible for any aggravation of your original injuries that occurred as a result of your activities (and you can only imagine how tedious/subjective this process can become).

    For instance, suppose you continue to have problems with your back & you return to the doctor...lets say the doctor does an MRI of your lumbar spine and finds that you actually herniated a disc as a result of this rearend accident (not at all uncommon)...if you in fact participate in this rally, you know what the Insurance company is going to say???? You can probably guess....Furthermore, (and I have had this happen to me) you don't want to be in the middle of settling this claim and the attorney for the insurance company whips out a video of you haulin' azz around a race track a couple of weeks after you made a claim for personal injuries to your neck & back.

    Rob, if you can help it, only participate in the upcoming Rally if you feel you are (1) well enough to do so, and (2) feel that you have recovered to the point that driving a car in a rally will not worsen your injuries.

    Good luck.

    Bottom Feeder :)
     
  16. itsjustme0770

    itsjustme0770 Rookie

    Sep 27, 2006
    17
    Dallas, Texas
    Full Name:
    Trey
    Perhaps the most offensive of all folks who bring lawsuits are those who say this. Don't you know that soft tissue injuries and "ambulance chasing" car wreck attorneys are what you are talking about? I suppose it does make a difference when its you or your family that has been hurt.

    There never was anything wrong with the court system in this country and its just been made the whipping boy of extremism.

    I'm a PI lawyer and am so sick of the notion of "frivolous" lawsuits are what we deal in. Gee, I'm sick of insurance companies who won't pay their legal obligations because they've been successful in vilifying the only ones who made them pay in the first place.
     
  17. PeterS

    PeterS Five Time F1 World Champ
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    Jan 24, 2003
    52,083
    Goodyear, AZ
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    PeterS
     
  18. jakermc

    jakermc Formula 3
    Owner

    Jan 17, 2004
    1,804
    Palm Beach, FL
    Full Name:
    Rob
    Sorry I pissed off the PI attorneys.

    I should not have generalized. Thre are plenty of good ones out there. Sadly there are some that specialize 'frivolous' lawsuits and they give the profession a bad name. There are also too many people willing to cash-in at any opportunity that give these folks the business.

    In 2000, my company was bankrupted over asbestos litigation where we estimate less than 10% of the lawsuits invovled people who were actually sick. At any given time, my division has 10-15 lawsuits pending related to auto accidents, product liability, etc. that are rarely based in reality. Having been on that side of things, I refuse to take advantage of the situation. I simply want to be made whole, nothing more and nothing less. After a few calls to the insurance company I began to realize that I would need an attorney to reach that goal, so yes, they are necessary. :)
     
  19. 87-Countach

    87-Countach Karting

    Oct 12, 2004
    222
    Dallas, Texas
    Full Name:
    Richard
    I would also appreciate an attorney referral. My accident does not include injuries, but I am being bounced around by the other two offending parties insurance carriers. I have reached the point of stalemate and frustration, so I need to move forward. Any referral or reference would be helpful.

    Thanks,

    Rick Nichols
     
  20. Greg Scott

    Greg Scott Karting

    Mar 18, 2004
    160
    Dallas, Texas
    Full Name:
    Greg Scott
    If you go to a chiropractor when you are not injured, is that not a frivilous claim?

    If you unnecessarily run up medical expenses like x-rays, MRIs & CT-Scans to increase the dollar amount of your settlement, is that not fraud?

    If your lawyer directs your medical "treatment" instead of your health provider...

    If your lawyer selects your health provider due to an on-going "business" relationship between the two...

    Is it any wonder that Juries across Texas repeatedly render one "Plaintiff take nothing" verdict after another every week with this type of nonsense going on?
     
  21. 87-Countach

    87-Countach Karting

    Oct 12, 2004
    222
    Dallas, Texas
    Full Name:
    Richard
    I don't need anyone to help me with any medical claims, frivilous or otherwise. I need an attorney who can deal with these snake in the grass insurance companies and adjusters who want to screw me over for an accident in which I have no fault. If you can refer me to someone, then thank you, but if not, no thank you.
     
  22. Whisky

    Whisky Three Time F1 World Champ
    Silver Subscribed

    Jan 27, 2006
    31,859
    In the flight path to Offutt
    Full Name:
    The original Fernando
    Folks, I was rear-ended in 1994, the hit was so light it barely scraped the paint, but the problem was the shock transmitted to my body - the car made a pretty good lurch when it was hit, and I got a whiplash that I thought was quite unbelievable, it bothered me for almost 2 years. I felt nothing for about 2 hours after the hit, and then my neck loosened up and I felt like a giraffe. A few days later it tightened up on me so much I couldn't turn my head.

    I always thought crazy people looking for a handout were the ones claiming 'whiplash', until I was a victim of it. I didn't go after any money, I just wanted them to cover the expense of therapy to my neck, that's all. They did, but I had to hire a lawyer to get it done.
     

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