Can I sue without a lawyer? NSX totaled!

[peiserg]

An ethical physician would not support your claim, but would state that the neck problems may or may not have been as a result of the accident, unless you had radiologic evidence immediately following the accident that clearly demonstrated damage. So this tactic may not work because one would expect the other side would bring in their medical experts to refute any false claims.

i never mentioned ethics in my suggestion.... aside from the ethics of the insurance trying to force him to take a loss to their gain, please explain to someone as medically un-educated as myself how whiplash (lets say, minor whiplash?) shows itself radiologically...i would think the typical neck injury after a minor to moderate vehicle crash only involves the soft stuff like skin and whatever other squishy tissues are in the area between the head and chest, and wouldn't show up much on xray..?

 

[nsxexotic]

archangel0585 , is a lawyer letter enough for them to bump up the 75%?

thanks in advance.

 

[skinnydoc]

please explain to someone as medically un-educated as myself how whiplash (lets say, minor whiplash?) shows itself radiologically...i would think the typical neck injury after a minor to moderate vehicle crash only involves the soft stuff like skin and whatever other squishy tissues are in the area between the head and chest, and wouldn't show up much on xray..?

Order an MRI or even CT scan.
Please tell me where to send the bill for consultation


So... these two friends, a doctor and lawyer, are having dinner together and this person walks up to the doctor and says, "Doctor Jones, I know I just saw you last week, but I found this new mole on my arm and I was wondering if you tell me if its cancerous???" Doctor Jones looks at the mole and says it looks fine. The patient then thanks the doctor and walks back to his table. Doctor Jones asks his lawyer friend if he should have charged the man for an consultation? His lawyer friend tells him, "No, that would be unethical." One week later, Doctor Jones gets a letter from his lawyer friend stating "Bill for legal services rendered - $50"

 

[archangel0585]

archangel0585 , is a lawyer letter enough for them to bump up the 75%?

thanks in advance.

to be honest, prob not. you'll go all the way over somthing like this, esp to recoupe fees.

but if you win..they can be made to pay

 

[Dave Hardy]

I've never had to take an insurance company to court, and I've never settled for less than I should. It takes time. If you need the money, then they've got you by the short hairs. If you can wait them out you'll end up OK. It took me 6 months last time, but I eventually was made whole. Just tell them that it is their job to make you whole, and you're not going to settle for less. And don't. Call them once a week and see if they are ready to do you right. Eventually they'll get sick of dealing with you and do what they should have in the first place.

 

[nuccaJB]

skinnydoc... It is not just opinion and if you want peer reviewed data pick up the book Current Understanding of Whiplash Associated Disorders. It is almost 300 pages of peer reviewed data in one book. The inetersting thing that it states is that often times disc herniations don't always appear at time of injury and can gradually appear. The data also states that 43% of whiplash patients suffer long-term symptoms. If a patients are symptomatic after three months, then there's a 90% chance they will remain so.

 

[heySkippy]

Just tell them that it is their job to make you whole, and you're not going to settle for less. And don't.

That's the best advice I've seen in this thread.

 

[Accord-R]

I got in an accident where I was stopped at a red light and a tractor trailer drove over the passenger side of my car, so it was 100% his fault (I was the only person in the car and walked away without a scratch, thank God!). The car was leased and the insurance paid off the value of the car. BUT, I went to get the same exact car and obviously they wouldn't cover the new up front costs for the car. So I took the guy who hit me to small claims court and sued him for the upfront fees and taxes on my new car (same model and everything) and I won! My argument was that why should I have to be out a few thousand dollars when he hit me, the judge asked him that same question and he just said "because", that was it, case was over at that point. When I got the check it was from his insurance company, so he filed the case.

So if you take the 75%, I would definitely go to small claims, just take loads of pictures, bring the police record, and get ready to draw some diagrams.

 

[nsxexotic]

Thanks for all your help... if I have enough time tomorrow I'll stop by the court house and start the paper work.

Anybody have any idea on what the salvage value on my car is?
An estimate? $1000? $5000?

thanks

 

[archangel0585]

is the drivetrain intact???

 

[nsxexotic]

Cosmetic damage + front left suspension.

Car runs and drives... its fixable. Just needs sheet metal pulled.

 

[archangel0585]

parted out you're car could be worht a bit. as far as resale after expense with a salvage..I wouldent know.

 

[Dave Hardy]

Thanks for all your help... if I have enough time tomorrow I'll stop by the court house and start the paper work.

I think this is a worse idea than waiting them out. Once you cross that bridge, they are on the defensive. When you're waiting them out you're just a pest. When you're sueing them you're the enemy. I'm not saying I would never sue, but I think you're jumping the gun.

 

[heySkippy]

I think you're jumping the gun, too. I work for an insurance company and I can tell you my employer hates open claims. Open claims tie up reserves and look bad on reports. Once you make it clear you're not going to roll over, I think they'll try harder to close the claim in a more favorable manner.

 

[Cairo94507]

Court is way to premature at this point. Let them do their thing and hold your ground. They will likely come around and make a better offer. Pulling the trigger to soon will have a chilling effect on any negotiations. Time is your friend!

 

[archangel0585]

it really comes down to if you need the money or want the money man... your call.

 

[nsxexotic]

Ok well so far she has agreed to pay 75% and allow me the keep the car. If that is the case then I am actually pay almost $7000 for my salvage NSX.

What do you think?
Should I accept or make another counter offer.

 

[caferacer]

Today is your lucky day!, I used to be a practicing attorney and I rebuild salvaged nsxs, I presently have 5 and would be interested in buying yours which you should definitely buy back as for the salvage value from the insurance co. Are the front rails, aprons rad supports tweaked ? NSXs have a much higher fair market value than their blue book value. Blue book value on a 91' is still under 20k depending on the mileage and the former condition of your nsx. Insurance companies are not prone to pay more than book value unless you have documented receipts as for upgrades, performance or otherwise to increase it's hard proven value. Insurance companies also have a formula percentage as for salvage value on a vehicle. One negociation point is to determine the salvage value as for the their low % of their book value. therefore you get the salvage for less $ on the buy back. I am in Los Angeles and am not aware if Penn. is a comparative /contributory negligence state. Ask your resident attorney. Comparative negligence stipulates that the court assigns each party a % of the liability if both parties are at fault. You not having collision insurance is not in any way contributory toward the accident so therefore you share no liability with the other party on that issue and do not have to mitigate $ settlement if that is the only alleged contributory issue. Need more details When the other party is at fault, your insurance co. has a duty to represent you,to get your car fixed, expenses etc.if you cannot collect from the opposing party (PIP ) And in time they will seek reimbursement from the other co. You also pay your insurance premiums not only for coverage on your car but also in instances like this. You subrogate your claim to your insurance co. and let their in house attorneys mitigate any settlement. Insurance co.s have in house legal counsel (other party)and they are paid to pay out the least $ as possible. The only drag is that, time is on their side, if they stall long enough you'll settle for less. Take the the 20k and offer to buy back the salvage for 20% of the alloted 20k value which is 4K and sell it to me since i'm not charging you my usual $200 hr. consultation fee ( ha! ha! :smile: ) Forget your personal injury claim, You needed to do that immediately. It will be viewed as a retaliatory motive and could delay your property damage settlement for years. Forget that bad faith claim also ,just smoke and mirrors to them. Also suing the other party directly only comes into play when the other party's liability insurance ($ amount0 is not enough to cover the total damages of your settlement.Thats why people have liability insurance so they won't get sued. The insurance co. attorneys have a duty to represent her if she subrogates the claim to her co. I need more details. Call me for more indept legal advice or to cut that nsx loose to the west coast where I'll make it like new.Tony in Los Angeles 818-255-3145 or [email protected] or pm Good luck !! Bad advice is worst than no advice