When should you hire a Lawyer?

Discussion in 'The BS Topic' started by budro6968, Feb 12, 2019.

  1. budro6968

    budro6968 Veteran Member

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    That is the question. My Wife was rear ended in her New 2018 CR-V. She stopped behind a city bus while it was at a Bus stop. The driver slammed into the rear about 20 seconds later. The driver was not a listed person on the owners insurance policy but was given permission to drive. The police called me to let me know of the accident. The Officer informed me that he witnessed the accident and that the driver would be ticketed as the at fault driver. The Damage at first look is not too bad. Bumper cover and the trim is smashed up and popped off partially. Bent the exhaust pipe on the D/S muffler. My wife was in pain from her neck left shoulder and down her spine. It was worse the next day. We went to the DR. to evaluate her injury. Florida Law is you must do that with in 14 days of the accident. Now I find out that the owner of the car that hit her did not purchase Bodily injury and his insurance will not Honor any claim for injury. Plus he only had 10,000 in property damage. Today we took the car to the body shop that the insurance company recommended. The owner of the car that hit her and I both have the same insurance company. I requested to have nothing but OEM parts used and the Adjuster Balked. He said that their policy was to use aftermarket if available unless I agree to pay for it? That is when I got pissed. WTF I have had the same insurance company for years. I have spoken to at least a dozen insurance people about this claim and they keep telling me I have to talk to at least one more. They have an adjuster for every little thing. I am not feeling good about this whole mess. Would any of you folks get a lawyer at this point? I doubt the driver or the owner has a dime. His insurance won't cover everything. I will be using my PIP which is normal. But we should get reimbursed for the charges over the cost of anything not covered. My deductible for PIP is 1000.00. The car that plowed her was a 99 Prizm. I looked up the driver's record and saw that he had an open case for driving without a license W/O Knowledge of revocation. The license was not surrendered? The guy did not pay his fine. I did not hear anything from the officer about that. The charge was 4/8/2018. How could he have a license if it was revoked and the case is still open due to multiple failures to pay. Rant off. Any opinions would be appreciated. sorry to ramble.
     
  2. 70 Proof

    70 Proof Veteran Member

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    Sounds to me like your fight is with your insurance company. Read your policy regarding OEM and after market parts. There is probably a clause that limits the use of OEM parts. Your policy probably covers bodily injury even if the other driver's policy does not. The $10,000 should cover the damage to the CRV and then some. Surprising that Florida doesn't require the owner of every licensed vehicle to carry liability insurance with a higher minimum than $10,000. If you're thinking of suing the other driver for your out of pocket expenses I doubt that you could find an attorney to take the case because as you say, you doubt the owner or driver has a dime. So there would be no money in it for the attorney (unless you want to pay him up front for his time). If you believe your insurance company isn't living up to the terms of your policy you could buy and hour or so of an accident and injury attorney's time to advise you on what to do (not one of those guys who advertise on day time TV). Then there is your deductible of $1,000. When this all shakes out with your insurance company you could sue the other driver in small claims court for the $1,000 + court costs but even if you prevailed what assets does he have?
    At this point its not time to hire a lawyer.

    BTW- get a copy of the police report when its available.
    FWIW - your insurance company probably has an in-house appeal process
     
  3. The Champ

    The Champ Veteran Member

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    It the owner of the car had car insurance - he should have Bodily Injury coverage. If not, I think you have a valid claim against the agent for selling an illegal policy.

    I spent 10 years of my adult life selling insurance and have never heard of a policy that would cover physical damage to property without covering bodily injury.

    As to aftermarket parts on such a relatively new car... I wouldn't accept it.
     
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  4. bfmgoalie

    bfmgoalie Veteran Member

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    One of the many habits here in Florida is purchasing car insurance, putting your vehicle on the road and then cancelling the insurance. Bodily insurance - nope, don't need to have it. When we first moved here, we had to register our vehicles, 2 Hondas and a Harley. Cost? A little over $1300! The state doesn't charge taxes? That's a joke. Its called "back door" taxes.
     
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  5. xten

    xten Veteran Member

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    Bud, here in Pa, I don't know why, but if the same company insures both the liable and claimant's vehicles, the deductibles are usually waived. If your insurance company "suggested" that shop, I would have second thoughts. They're working for your insurance company, not you. Also there are programs (here it's called Conquest) that the OE will match the price of aftermarket parts. Most, including Honda, participate. See if shop will find out. It's a win for you, because you get OE parts with no "out-of-pocket" expense. The insurance company wins because they pay for A/M. On a side note, it makes me wonder...If the OE can match A/M part prices, how long and how badly have they been raping us on parts prices?
    Look at your policy and see what their practice is for A/M and used. They differ. There was an adjuster from a major company in my shop recently on a 2018 Acadia that said everything gets A/M or used where available. Doesn't matter if it's 5 minutes old with 5 miles. Alternative to that is an OE policy and is expensive.
    I feel bad for my customers in your situation. Through no fault of your own, you now have the inconvenience of the repair, the pain your wife is in, and the time lost on a mess like this. Last thing you need is to spend money. At least you'll get a rental while your CRV gets fixed. I would do some homework before I contacted a lawyer, but I'm guessing that's why you posted this in the first place. Sorry you or anyone goes through this.
     
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  6. budro6968

    budro6968 Veteran Member

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    Thanks I'll call and ask directly about conquest. I looked for OE parts on line from listings that claim OEM parts. There were many that were not available. My muffler and some of the bumper parts too. I saw lots of A/M of all the bumper cover parts though. It is a shame that Florida does not require Bodily injury. I guess I should be happy the Owner has any insurance. I'll let you know how the Body shop does. They are Joe Hudson. They are a chain like Mc Donalds. They had good reviews from locals.
     
  7. budro6968

    budro6968 Veteran Member

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    Thank you for everyone's input. I have never hired a Lawyer for and accident. I don't think I have too but when you feel like your getting screwed you have second thoughts. The saga continues......
     
  8. The Champ

    The Champ Veteran Member

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    Florida DOES require bodily injury.
     
  9. Knuckle Dragger

    Knuckle Dragger Mayor of Simpleton Staff Member Lifetime Gold Member

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    My wife was a passenger in a head on collision 2-3 years back. The 30% was the best money spent ever. I know people say they settled their claims without a lawyer and will give all kinds of "it worked fine without one for me" stories but some of this stuff is more complicated then meets the eye and what seem fair really isn't in comparison. There is a stigma to hiring a lawyer for some but I'll never go it alone in an injury situation again.

    Present the facts and let the man/woman go to work. No more stress and all the bases are covered.
     
  10. Smokey15

    Smokey15 Veteran Member

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    That's a fact. Go to a shop of Your choice.
     

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