I got an accident!! help me plz!!

Asked over 1 year ago - Tacoma, WA

hello. i have some questions..
i had an accident on may. 2012 and i closed my claim on july.2012 ..
my attorney said it will be take about 3 month and if its late then it takes about 4 month..
but my case is not still settled..
here is some info.
1. it wasnt my fault
2. medical expanse was $3000.00
3. car damage was $650
and i talked attorney today he told me the geico insurance(other driver's insurance) offered me $800 at very first and now they offered $824 and if we dont settle this amount the insurance company wants to go trial. but i dont understand that why is insurance company doesnt even want to pay my medical expanse.. my attorny is keep saying that it will take long~ long~ time so wait.. I REALLY DONT UNDERSTAND ABOUT THIS.. attorney said we go trial then we will lose.

Attorney answers (5)

  1. Steven L Shaw

    Contributor Level 13

    12

    Lawyers agree

    Answered . The decision to accept a bad offer or take a challenging case to trial is not an easy one, and none of us on AVVO know enough about your particular case to advise you. That is what your attorney is responsible for - to explain your options, and then recommend the one he thinks is best.

    Having said that, here is what I can tell from the facts you shared -
    1. The car damage is modest, which means it is unlikely that your car showed much damage. The way damage looks affects the value of a claim, whether it should or not.
    2. The amount of medical treatment you received was also modest - $3000 is on the low end of the claims most attorney's will accept, because it is unlikely that your case would produce enough of a fee to offset the time it would take to prosecute it.
    3. Geico has taken the crown of "Worst Insurance Company Ever" away from Allstate. It is officially the worst company to settle any kind of claim with, because Geico will never, ever, offer anything reasonable on smaller cases - never. So even if your case had more substantial evidence, filing suit would be necessary to compel Geico to pay anything close to fair value.

    If your current attorney is unwilling to take your case any further, then you have a very tough choice - follow his advice, or find another attorney that will 1) take a smallish case to trial, and 2) take a case that was already worked up by another attorney - two very difficult challenges. Good luck.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . It sounds like your lawyer is scared to go to trial, but that is where clients typically get the most money.

  3. Jason Todd Studinski

    Contributor Level 20

    4

    Lawyers agree

    Answered . Consult with your lawyer. If for whatever reason you don't understand or don't trust your lawyer, consider consulting with another lawyer. Good luck.

  4. Samuel Aaron Coffey

    Contributor Level 10

    4

    Lawyers agree

    Answered . I would ask my lawyer why he says you will lose at trial and get a second opinion from a lawyer in your local community.

    Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland... more
  5. Mark F. Gallagher

    Contributor Level 7

    3

    Lawyers agree

    Answered . Make an appointment to sit down with your lawyer and ask him to explain your options and why he thinks you would lose if this case went to trial. If you then do not agree with him, take some time to think about it and consult with other lawyers who handle personal injury cases. Most lawyers who handle personal injury cases will provide a free consultation, so you should take advantage of this service. None of the lawyers on this site know enough about your claim to say whether your lawyer is right or there is some other reason he does not want to go to trial.

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