Hit by Drunk Driver : Lawyer up or Naw? (1 Viewer)

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Short version:

- Was hit nearly head on by a drunk driver in a crappy work van on Saturday. Video in link. Last second dodge may have saved our lives. State Farm (my insurer) has already found me not liable.

- New Telluride is totalled. Everyone went to the ER and got checked out and looks like no major structural damage was found in the CT scans or x-rays.

- Passenger Health Status:
Driver (me): Moderate Back pain / Spasms, mild whiplash, headaches
Shotgun (wife): relatively unscathed. Neck a bit sore
Back seat driver side (14yo niece): lost hearing temporarily from airbag, sore neck and back.

- Drunk driver was non-English speaking Guatemalan national with no DL, no US ID, and was DRUNK. Passenger also appears drunk and was claimed to be his coworker in statement to police.

- Drunk seems to have insurance with General but for his personal vehicles. Work truck registered to small construction company. No word on their insurance yet.

- My insurer (State Farm) has been great so far and should be getting with their valuation on my vehicle. I have solid un/under insured coverage (250k/500k). I’m aware that if we have to do it to that my own insurance company becomes adversarial.

This being my first time going through something like this, I’m curious what everyone’s experiences are with getting a lawyer or not for the injury settlement. Suggestions/Thoughts/Experiences?

Looking for advice from both attorneys, as well as people who have been through this before.

State is Tennessee.

 

[nirad3]

Absolutely lawyer up. I was in a single-car accident with DUI themes and needed the legal advice. I would definitely seek legal advice. Hope you and your family recover quickly.

 

[Hot Sauce Guy]

Not an attorney.

That said, I wouldn’t be so quick to dismiss the potential for injury. Injuries after car accidents can take weeks to manifest. Spinal injuries especially.

Also if your ins is working it out without pushback, i’d wait before spending thousands on an attorney. You don’t really need one unless **** goes south. As long as all parties are cooperating, you’re better off saving the money.

At least you’ll need to wait to see if drunk’s company has ins. Chances are that’s where the $ is in this anyway. If that company pushes back and your ins shrugs their shoulders, then maybe go after the company.

But right now it sounds like there’s nothing to go after since your ins is on top of it.

Do you have uninsured motorist coverage?

 

[the moops]

That said, I wouldn’t be so quick to dismiss the potential for injury. Injuries after car accidents can take weeks to manifest. Spinal injuries especially.

Yep, i was in a nasty car accident when I was 20. Felt a little sore for a couple weeks then bam, neck and back were all sorts of ****ed up

 

[BroncoFreak_2K3]

Did DRUNK hit anyone else?

 

[ChiefD]

Glad you and your family are ok.

 

[titusbramble]

Your insurer, if your motor insurance system is remotely like ours, should be sorting the relevant legal people re: any sort of PI claim for you.

 

[Quint]

First, sorry this happened and everyone is relatively ok.

Second: I’ve been through a similar situation (DUI driver = fatality) after being the cause of the accident.

Hire an attorney. Let them deal with the insurance companies. If the person who caused the accident doesn’t have insurance, or you don’t have Uninsured Motorist insurance on your policy, you’ll need to have someone in your corner on the leagal side to make sure you’re made whole since you’re not at fault.

Our experience was in CA for point of reference. Be well

 

[titusbramble]

Absolutely lawyer up. I was in a single-car accident with DUI themes and needed the legal advice. I would definitely seek legal advice. Hope you and your family recover quickly.

Well I mean that's entirely different than the OP's position in that you I assume were a passenger or pedestrian in the situation and as such would have had no sort of motor insurance policy with which you could start to pursue a claim through, so in that spot you would absolutely need to look to do something like that. Assuming you weren't the driver, of course.

 

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To answer the question, yes I have good under or uninsured motorist coverage through State Farm. $250k/person or $500k/accident.

I’ve been told that IF we have to tap into UIM, then my own insurance company becomes adversarial and I’ll likely definitely need to lawyer up at that point.

Appreciate the experiences/info. Please keep them coming.

- My insurer (State Farm) has been great so far and should be getting with their valuation on my vehicle. I have solid un/under insured coverage (250k/500k). I’m aware that if we have to do it to that my own insurance company becomes adversarial.

 

[titusbramble]

For clarity, while I did work in motor insurance for the past 8+ years until very recently, do not consider anything I've said above as legal advice, particularly as I live in a different jurisdiction to you all

 

[the moops]

For clarity, while I did work in motor insurance for the past 8+ years until very recently, do not consider anything I've said above as legal advice, particularly as I live in a different jurisdiction to you all

Do we really need to do this? ****ing lawyers

 

[CletiusMaximus]

Your insurer, if your motor insurance system is remotely like ours, should be sorting the relevant legal people re: any sort of PI claim for you.

I’m not an expert on this but have been tangentially involved in many auto accident cases and I don’t think Icon’s auto insurer will pursue any sort of PI damages for him. They will pursue their out of pocket on the property and medpay claims and his health insurer may do the same for any healthcare payments but I don’t think they will seek to collect any of his uninsured damages from the at-fault driver’s insurance.

It sounds like your injuries are minimal. However, liability is a slam dunk and if there is business insurance coverage involved the limits will likely be substantial. The upside of retaining a PI lawyer is they will handle everything for you and maximize your recovery. The downside is they take a third of the recovery. A good one will also fight with your insurers on their subrogation claims. The difficulty might be that the case isn’t a high value one as there are no objective injuries so it might be hard to get the attention of a good lawyer. The profile I’d look for is someone who is young and hungry in a small or solo office.

GL.
As a friend of mine likes to say - YOU MIGHT BE INJURED AND NOT EVEN KNOW IT!!

 

[titusbramble]

For clarity, while I did work in motor insurance for the past 8+ years until very recently, do not consider anything I've said above as legal advice, particularly as I live in a different jurisdiction to you all

Do we really need to do this? ****ing lawyers

I would have posted this on a UK only forum (where I'm much more confident of the legal position) and you guys (i.e. the US) are orders of magnitude more litigious than we are. I'm sure we'd all be cool but I'm sure as hell not going to be the test case if things went nuclear

 

[titusbramble]

Your insurer, if your motor insurance system is remotely like ours, should be sorting the relevant legal people re: any sort of PI claim for you.

I’m not an expert on this but have been tangentially involved in many auto accident cases and I don’t think Icon’s auto insurer will pursue any sort of PI damages for him. They will pursue their out of pocket on the property and medpay claims and his health insurer may do the same for any healthcare payments but I don’t think they will seek to collect any of his uninsured damages from the at-fault driver’s insurance.

That seems fair. They may not pursue, but I would expect them to at least advise and say that you need to look at seeking legal advice. This could be a cultural/legal difference, and I'd expect there to be those sorts of things naturally. Can't claim to comment on how US state/federal law works here, just how I'd expect to. OP - ask your insurer, if they say lawyer up then consider it

 

[Hot Sauce Guy]

Glad you and your family are ok.

Yeah, that’s the most important part. Except for that terrible neck pain & debilitating need to be compensated for your pain and suffering, of course.

 

[mr. furley]

top notch reaction time. saved it from being a lot worse.

 

[Hot Sauce Guy]

insurance coverage involved the limits will likely be substantial

Most (mine included) are $2M policies.

 

[the moops]

What vehicle was in front of you that had a rear camera filming this ****?

 

[[icon]]

What vehicle was in front of you that had a rear camera filming this ****?

Was two kids heading home. I guess the parents put the cameras in.

I’ll give the parents credit on raising these kids. The young men immediately came up to check on us and offer up footage and contact info.

Their parents came to the scene and mom was a mess imagining how close they were to what we experienced or worse.

As my better half has said, not sure a 16/17 YO young man would react as quickly without over-correcting into a roll. In a crazy way, it’s maybe better it was us.

I’ll say the Telluride performed REMARKABLY well all things considered. The airbag system performed as designed… full curtains plus seat side bags all deployed but not front/steering wheel. The only skin damage was a little airbag burn on my left arm.

Pretty remarkable engineering in modern vehicles.

 

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insurance coverage involved the limits will likely be substantial

Most (mine included) are $2M policies.

The company the van is registered under seems to be VERY small.

It’s early, but as things stand now it’s highly unlikely this will even approach those limits.

That said, I’m first hoping they’ve at least got SOME legal level of coverage.

Hoping to hear details from State Farm on their coverage levels tomorrow when I talk with them about valuation on my vehicle.

 

[-fish-]

Lawyer up as soon as possible.

State Farm is one of the worst companies you could deal with in this situation.

 

[The Z Machine]

Glad you guys are all pretty OK. Scary as hell. Sorry about your car.

Keep us updated as you can.

 

[DA RAIDERS]

Lawyer up. For sure.

My sister in law was killed by a drunk driver, while the drunk was being chased by the police. There are many moving parts to these cases. Maximize your advocacy asap.

 

[El Floppo]

That video was horrifying- really glad you're all "ok" and really impressed with your reaction to save your lives...holy hell.

Get a lawyer and give any injuries time to manifest before signing anything- already mentioned, but neck/back/brain take time.

 

[Sand]

That said, I’m first hoping they’ve at least got SOME legal level of coverage.

Call me a pessimist, but I'm glad you have UIM.

 

[SWC]

first off thank god you are ok and i am glad you are second assuming the guy has insurance straight dope advice go see the best personal injury attorney you can not one that advertises with catch phrases on tv the best ask around find out ask other attorneys they wont charge you anything they get paid when the case is settled and you will want them to work everything out including the liens your health insurance carrier will eventually claim please please please go see the best personal injury attorney you can take that to the bank brohan

 

[dino259]

Glad everyone is ok.

Make sure to keep notes about everything.

 

[Hot Sauce Guy]

insurance coverage involved the limits will likely be substantial

Most (mine included) are $2M policies.

The company the van is registered under seems to be VERY small.

It’s early, but as things stand now it’s highly unlikely this will even approach those limits.

That said, I’m first hoping they’ve at least got SOME legal level of coverage.

Hoping to hear details from State Farm on their coverage levels tomorrow when I talk with them about valuation on my vehicle.

My company is 1 person at the moment. lol, don’t get much smaller.

That’s a maximum. Yes, your damages are likely to be substantially less, thankfully.

 

[TLEF316]

Casualty insurance underwriter here.....get a lawyer.

Liability should follow the vehicle here....so hopefully the construction company has real insurance with at least $1m limits (if it's a commercially registered truck, they obviously SHOULD)

 

[beer 30]

Glad to hear you and the family are ok. As others have said, keep an eye on things. Injuries from these accidents don't always present immediately after the incident.

 

[FarFromHome]

My company is 1 person at the moment. lol, don’t get much smaller.

I bet your work Christmas parties are the stuff dreams are made of.

 

[Hot Sauce Guy]

My company is 1 person at the moment. lol, don’t get much smaller.

I bet your work Christmas parties are the stuff dreams are made of.

The budget for cocaine and hookers is significantly smaller than a large organization, yes. I even have enough left over for a decent ribeye!

 

[FarFromHome]

The budget for cocaine and hookers is significantly smaller than a large organization, yes. I even have enough left over for a decent ribeye!

From what I gather from your posts I just assumed the Christmas party always started with cocaine And hookers. Ha ha

Back on topic. The one automobile accident my wife was in, we lawyered up early and it was worth it and something we'd immediately do again. Insurance companies primary job is to squeeze you.

 

[DA RAIDERS]

remember, the insurance company DOES NOT work for you. They do not have your best interests in mind. At all.

 

[ghostguy123]

Yes get a lawyer, and sue for as much as you can. Both PTSD and lingering pain (perhaps chronic) can show up much later from these kinds of accidents

 

[nirad3]

Absolutely lawyer up. I was in a single-car accident with DUI themes and needed the legal advice. I would definitely seek legal advice. Hope you and your family recover quickly.

Well I mean that's entirely different than the OP's position in that you I assume were a passenger or pedestrian in the situation and as such would have had no sort of motor insurance policy with which you could start to pursue a claim through, so in that spot you would absolutely need to look to do something like that. Assuming you weren't the driver, of course.

That's not true, at least not in the States. I was a passenger and the claim went through the owner of the vehicle (who wasn't even the one driving).

In this case, the OP most certainly needs to lawyer up. I would assume most attorneys of this ilk would even take the case on contingency.

 

[CletiusMaximus]

Your insurer, if your motor insurance system is remotely like ours, should be sorting the relevant legal people re: any sort of PI claim for you.

I’m not an expert on this but have been tangentially involved in many auto accident cases and I don’t think Icon’s auto insurer will pursue any sort of PI damages for him. They will pursue their out of pocket on the property and medpay claims and his health insurer may do the same for any healthcare payments but I don’t think they will seek to collect any of his uninsured damages from the at-fault driver’s insurance.

That seems fair. They may not pursue, but I would expect them to at least advise and say that you need to look at seeking legal advice. This could be a cultural/legal difference, and I'd expect there to be those sorts of things naturally. Can't claim to comment on how US state/federal law works here, just how I'd expect to. OP - ask your insurer, if they say lawyer up then consider it

Definitely a difference between US and UK I'd say. I would not advise OP to consult with his insurer whatsoever regarding his legal rights nor trust their advice regarding his best interests in this situation.

 

[titusbramble]

Absolutely lawyer up. I was in a single-car accident with DUI themes and needed the legal advice. I would definitely seek legal advice. Hope you and your family recover quickly.

Well I mean that's entirely different than the OP's position in that you I assume were a passenger or pedestrian in the situation and as such would have had no sort of motor insurance policy with which you could start to pursue a claim through, so in that spot you would absolutely need to look to do something like that. Assuming you weren't the driver, of course.

That's not true, at least not in the States. I was a passenger and the claim went through the owner of the vehicle (who wasn't even the one driving).

I think you misinterpret what I mean. You're not a party to the VO's policy. You're making a claim against it. If I'm driving my car and am hit in the rear then I'm also making a claim against the third party's policy, but as I'm going to be insured myself I'd make it through mine and leave it for them to deal with

 

[El Floppo]

My company is 1 person at the moment. lol, don’t get much smaller.

I bet your work Christmas parties are the stuff dreams are made of.

The budget for cocaine and hookers is significantly smaller than a large organization, yes. I even have enough left over for a decent ribeye!

Pants optional!

 

[Hot Sauce Guy]

My company is 1 person at the moment. lol, don’t get much smaller.

I bet your work Christmas parties are the stuff dreams are made of.

The budget for cocaine and hookers is significantly smaller than a large organization, yes. I even have enough left over for a decent ribeye!

Pants optional!

Imagine the savings on dry cleaning! That’s money I can budget directly into more coke and hookers!

Might even be able to afford a female one!

 

[Hot Sauce Guy]

From what I gather from your posts I just assumed the Christmas party always started with cocaine And hookers. Ha ha

Based on my posts I’m surprised you’d assumed it was Christmas. Or a party, for that matter.

 

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Update:

State Farm tried to call the company once, nobody answered so they gave up and moved me to an UM claim. They also mentioned the Vin and license plate didn’t appear to be tied to any policies

Now that we moved to UM and a lot more certainly enters, I’m meeting with two law firms tomorrow to discuss options.

On the property side of things, State Farm made a pretty reasonable offer on the truck. I’m responding requesting third-party warranty to bring used warranty coverage up to the same level of new coverage, and also going after the $1500 sales rebate that I got that is no longer available.

Thank you VERY much for the input this far guys. Hurting pretty good today and had a back spasm yesterday that brought me to my knees and had me cutting work short a couple hours early to lie on a hot pad.

The wife’s neck is getting tight. I’m encouraging her to keep an open mind about potential involvement.

Also, would love feedback on this:

Some research suggested not using med pay right off the bat and running everything through through my health insurance initially (for discounted rates), then use MP later for any potential out-of-pocket.

 

[-fish-]

Update:

State Farm tried to call the company once, nobody answered so they gave up and moved me to an UM claim. They also mentioned the Vin and license plate didn’t appear to be tied to any policies

Now that we moved to UM and a lot more certainly enters, I’m meeting with two law firms tomorrow to discuss options.

On the property side of things, State Farm made a pretty reasonable offer on the truck. I’m responding requesting third-party warranty to bring used warranty coverage up to the same level of new coverage, and also going after the $1500 sales rebate that I got that is no longer available.

Thank you VERY much for the input this far guys. Hurting pretty good today and had a back spasm yesterday that brought me to my knees and had me cutting work short a couple hours early to lie on a hot pad.

The wife’s neck is getting tight. I’m encouraging her to keep an open mind about potential involvement.

Also, would love feedback on this:

Some research suggested not using med pay right off the bat and running everything through through my health insurance initially (for discounted rates), then use MP later for any potential out-of-pocket.

Ask your lawyers. The normal way to approach it in litigation is to have all the meds subject to liens, so that you can liquidate the meds for the purposes of establishing damages, but once you get a settlement you can negotiate a final payment with the providers. This usually isn't going to apply to things like MRI's, etc. which are hard costs. Paying discounted rates for medical will just reduce your damages claim, which is calculated in part on the meds you have incurred.

 

[Hot Sauce Guy]

Update:

State Farm tried to call the company once, nobody answered so they gave up and moved me to an UM claim. They also mentioned the Vin and license plate didn’t appear to be tied to any policies

Now that we moved to UM and a lot more certainly enters, I’m meeting with two law firms tomorrow to discuss options.

On the property side of things, State Farm made a pretty reasonable offer on the truck. I’m responding requesting third-party warranty to bring used warranty coverage up to the same level of new coverage, and also going after the $1500 sales rebate that I got that is no longer available.

Thank you VERY much for the input this far guys. Hurting pretty good today and had a back spasm yesterday that brought me to my knees and had me cutting work short a couple hours early to lie on a hot pad.

The wife’s neck is getting tight. I’m encouraging her to keep an open mind about potential involvement.

Also, would love feedback on this:

Some research suggested not using med pay right off the bat and running everything through through my health insurance initially (for discounted rates), then use MP later for any potential out-of-pocket.

Sorry to hear but good to know your ins company is acting quickly and properly.

I’d definitely get some more advanced tests through your own health insurance. Request MRIs for you & your fam. Your doc won’t volunteer that sort of advanced testing, so you need to be proactive. Tell them symptoms and raise sand until they schedule it.

You’ll be out a co-pay, but if they find anything that’s going to require more expensive treatment, you’ll be able to get reimbursed by the auto insurance UD (plus any missed time from work for recovery, meds, etc)

Probably smoother to do all that before your auto insurance closes out your auto settlement.

 

[Sand]

They also mentioned the Vin and license plate didn’t appear to be tied to any policies

My shocked face at this unexpected revelation.

 

[Max Power]

Update:

State Farm tried to call the company once, nobody answered so they gave up and moved me to an UM claim. They also mentioned the Vin and license plate didn’t appear to be tied to any policies

Now that we moved to UM and a lot more certainly enters, I’m meeting with two law firms tomorrow to discuss options.

On the property side of things, State Farm made a pretty reasonable offer on the truck. I’m responding requesting third-party warranty to bring used warranty coverage up to the same level of new coverage, and also going after the $1500 sales rebate that I got that is no longer available.

Thank you VERY much for the input this far guys. Hurting pretty good today and had a back spasm yesterday that brought me to my knees and had me cutting work short a couple hours early to lie on a hot pad.

The wife’s neck is getting tight. I’m encouraging her to keep an open mind about potential involvement.

Also, would love feedback on this:

Some research suggested not using med pay right off the bat and running everything through through my health insurance initially (for discounted rates), then use MP later for any potential out-of-pocket.

Sorry to hear and hope you feel better. Good luck going after the driver and company. It sounds like no one on the other side of the accident was operating properly or in good faith. I have no sympathy for companies like that.

 

[[icon]]

Okay so wild development and I’m not sure what to do.

I had called the business phone for the construction company that owns the van that SF claims has no insurance. Basically “hey an intoxicated driver in a work van registered to your company hit me Saturday, I’m calling to get your insurance info”

Today I got a text message from the owner:

“Hi Matt, I had a voicemail from you. Out of town the last 7 days. Just received your voicemail, not sure what exactly is going on but will get you taken care of asap. Probably be Monday late morning but will get back with you. Thank you and talk soon”

Now this guy has changed his LLC 3x in the last decade or so, most recently into his wife’s name… so I’m not exactly expecting him to come back with an active Geico card…. But it’s odd to even respond at all right?

 

[Sand]

Now this guy has changed his LLC 3x in the last decade or so, most recently into his wife’s name…

 

[DA RAIDERS]

Lawyer. Up.