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Getting attorney from insurance

Memphis, TN |

How do I get an attorney from my insurance company to handle a claim? I was in a wreck that I think the other party is at fault. They ended up making a claim on my insurance policy. My insurance agent called and talked like they would investigate it, i.e. get my statement, get other guys statement, look at the pictures from my car, etc. But they did state they may just pay the claim if it looks like they may persue it. Anyways, none of that investigation happened, and it now looks like they are in the process of paying the other parties claim. I guess they are just gonna pay the claim as it's cheaper on them and then to raise my rates. How do I fight this against my insurance company? Can I have them give me a lawyer? Or would I just sue my insurance company instead?

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Attorney answers 6

Posted

I would hire a personal injury lawyer of your own. I cant tell if you are at fault or not but a lawyer can help you determine this. If you are at fault, then your insurance company will pay frr a lawyer to defend you against the other party.

Asker

Posted

The lawyer won't do me any good if my insurance company pays out on the claim to the other guy. My insurance company originally had talked like if it might get ugly, then they'll just pay out on the claim instead of dealing with a lawsuit. So I kinda wonder how much they really care as to who is actually at fault vs. whatever way is cheaper for them. How do insurance companies determine if you have had an at fault accident? Do they go by police reports? As I may just drop this insurance company and get someone different, but afraid I might be pinned as having an at fault accident. The police did write the report like I was at fault even though they could have written the other guy was at fault, but the other guys buddy was telling the cop he seen me doing this and that, etc. So they cop went with that and wrote it up like I was at fault. It's one of those 50/50 deals that either party could be blamed.

Asker

Posted

I forgot to mention the other guys buddy was making up stuff that he claimed to have seen me doing because it was impossible for him to have even been able to actually see me in the car.

David B Pittman

David B Pittman

Posted

Not necessarily if they is a percentage of fault attributed to both you and the other driver. I would get a consultation to be sure.

Asker

Posted

The police wrote it up like I went over and hit him. But the damage on my car doesn't support that as he came over and hit me. But the cop could have written it up either way. I have called the police station and asked how they determined what happened as they had written it in the crash report. I'm waiting to hear back. But you can tell from the police report that there was bias in there. I know it all came from that other guys buddy telling the cop BS stuff about what he claimed to have seen me doing. Which he couldn't have seen anything even if everything was perfect and he looked at just the right time.

Posted

If you think the other driver was at fault and you were injured in the wreck, you need to consult with your own attorney. The insurance company will only provide you a lawyer if you get sued.

Please note that my answering this question, does not in any way mean I represent you for this, or any other case. This answer is given for informational purposes and does not create an attorney-client relationship. Thomas R. Greer Bailey & Greer, PLLC 6256 Poplar Avenue Memphis, TN 38119 (901) 680-9777 http://www.baileygreer.com

Asker

Posted

I had a minor injury that has healed up. I'm not going to the doctor as I don't have the money and have too many bills already. I just don't want my rates going up. The other guy is self insured, so instead of me fighting the other guy to pay for my car. I may see about putting it on my uninsured policy. But don't know if that will work if they pay out on the other guys claim like I'm at fault.

Posted

If you read your insurance policy, you will note that it allows your carrier to settle any claim without your permission. At this juncture, you do not need an attorney. I don't see how you could successfully sue your own insurance company to try to prevent them from paying any claim against you at the most cost-effective way for them to do it.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Asker

Posted

So, can they raise my rates if they pay out on the other guys claim just because it's cheaper than fighting it because I'm not at fault?

Lars A. Lundeen

Lars A. Lundeen

Posted

It depends upon whether or not you are found to be at fault and what the terms of your insurance contract read, as well as your State insurance regulations. Some carriers are advertising "first accident forgiveness". You will need to research the terms of your contract and the applicable insurance regulations. You could contact your State insurance commissioners office to get some information about what your carrier would need to prove in order to increase your rates due to this collision. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Asker

Posted

Who determines if you are at fault in an accident? This applies to whether or not you have insurance.

Lars A. Lundeen

Lars A. Lundeen

Posted

Insurance coverage plays no part in determining fault. Fault amounts to proving that one party or the other or both were negligent in causing an accident. Ultimately a jury is the determiner of fault. A jury only decides this issue after they have been presented with all the evidence in a litigated case. However, in making payout decisions, the insurance company adjusters will form an opinion and offer to settle a claim based on their own analysis. If the other party disagrees with the analysis, they then have the right to proceed to court and have the issue determined by a jury. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Asker

Posted

Well when an insurance company gives you a rate quote. That quote is based in part of at fault accidents you've had. How does a possible future insurance company that gives you a rate quote determine if you've had an at fault accident? That doesn't have anything to do with a jury. They have to go by something to determine that.

Posted

Why would you want the insurance company not to resolve the matter and put closure on it? If you are upset with your insurance company, call them and explain why and ask for them to share with you the reasoning for their payout.

Asker

Posted

Cause it will raise my rates. Would you be okay with paying my raised rates for me? I didn't think so. Other reason is the other guy is self-insured. So I was planning on putting my totalled car under my uninsured motorist policy so I can get compensated for my car. That's a whole lot easier than calling the other guy and asking for money. If my insurance company pays out on his claim, then I'd bet they'll deny my claim on my uninsured motorist policy to replace my car. Which means I lost a car. So yeah my insurance company paying out on his claim could cost me $5k.

Kevin Coluccio

Kevin Coluccio

Posted

As suggested by the others, hire a lawyer to review the matter, although, this will also be a cost to you.

Asker

Posted

Yeah, I'm not hiring an attorney. Would be a waste of money as they wouldn't be doing anything anyways as there's not point in paying a lawyer anything. I'd much rather take that lawyer money and buy another car.

Posted

Your insurance company provides you an attorney only if someone pursues a claim against you. They do not represent you to recover compensation from the other driver. Keep in mind an attorney for your insurance company is looking out for you, but probably only to the extent the insurance company is protected, and likely not much further. You need your own counsel to deal with the extent of your own damages.

Asker

Posted

I've got uninsered motorist insurance. Shouldn't have to get an attorney to handle my uninsured motorist coverage. I don't think an attorney would handle it anyways unless I paid them by the hour. And by then I could use that money to buy another car instead. You don't hear attorneys say it would be better for you to not hire me and instead by a new car with that money instead.

Christopher Gilreath

Christopher Gilreath

Posted

If you look at a legal issue like its a consumer purchase, you are going to miss a lot. Yes, you have paid for insurance. But, keep in mind that when you rely on your insurance company lawyer, all you get is someone who helps you only so long as it gets the insurance company off the hook. It does not mean you get full compensation. This is not intended to be a way to get business - it deals with the realities of legal obligations and duties of attorneys in the legal system, something much more complicated than what you are considering. If you choose to rely on an insurance company lawyer to deal with your claim, you are probably going to miss something. That is why it is better to have someone looking out for your interest solely. Do you have any idea what rules apply for when uninsured motorist coverage applies in addition to the other driver's coverage? They aren't simple. If it gets handled in the wrong order, it could do permanent damage to your claim. The point is - find someone to handle your claim, and they will be able to work out the coverage matters and all the other issues raised by your sitaution. Legal questions are very much personal and circumstance driven. How you choose to handle that is your business, but whatever you choose, know it has permanent legal consequences.

Asker

Posted

It's a property damage issue on my end. Attorneys generally deal with personal injury. No sense in paying an attorney like $2k-$3k over a $4k-$5k car. Even if that attorney got me my car covered, I'd still end up in the same place I am now. Couple of years ago had personal injury and property damage, other guy was at fault. Ended up getting an attorney as insurance company was being a pain. After the fact, my attorney acts like he doesn't want to mess with the property damage. So in that case, even having an attorney I may end up losing my car just because after the fact the attorney doesn't act like he wants to mess with that part of my claim. May end up getting screwed on the personal injury as well as this lawyer I do have for that case is just sitting waiting on a settlement to come in. Problem is you can't wait around for years as your case will get dismissed due to lack of prosecution.

Posted

If the accident was not your fault, and you sustained injuries, retain one of the above lawyers in your state to investigate a possible claim.

Asker

Posted

That's the only thing attorneys care about, is if you sustained an injury. Never once have I heard an attorney say to call them or another attorney if you sustained property damage.

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