Time about to expire on car crash settlement? Wreck was a little over two years ago.

Asked 11 months ago - Vancouver, WA

They call her from time to time to send her more papers to fill out...then convieniently slip into the conversation "fill these out AGAIN...because we lost the last ones, that is unless you want to settle now for..." then they offer her a couple thousand. Her two small children were in the car and to this day they get nervous riding in another car. She and her husband were both injured and still see the dr today with issues. Im worried that they will end up accepting some low ball offer that wont even cover the $10k and growing in medical bills. Or worse wait to long and then the ins company wont have to pay them. She needs an attorney to just get in there and show the ins company that she means business...do you agree? Any ideas on what she should do...

Attorney answers (10)

  1. Paul Michael Veillon

    Contributor Level 12

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    Answered . I feel strongly given what you have described that an experienced attorney will be necessary to protect her and her husband's rights and ensure the insurance company is held accountable for the manner in which the collision affected their quality of life. The carrier's described behavior indicates that they see a couple subject to being taken advantage of. An attorney can both keep that from happening and take some of the stress off the process. I know that hiring an attorney can be scary, but insurers evaluate claims on exposure, not truth, and an attorney can demonstrate that the injured party has recourse - litigation - if the carrier is unfair. Simply having that option is more likely to motivate an amicable and fair resolution, and in my experience the contingency fee is worth it - the goal would be that their share of a settlement or Court outcome, even after that fee, would be more favorable than what they could obtain on their own. The best way to find an attorney is to do research - both on sites like Avvo and by making phone calls and interviewing attorneys until they find someone with whom they are comfortable. Be careful about "discount" attorneys - with professional services, attorneys and physicians and other professionals - you really do get what you pay for. Be ** very ** careful about the Statute of Limitations.

    The answer above is not legal advice, and I'm not your lawyer. At best, it's a hint in the right direction.... more
  2. Crystal Grace Rutherford

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    Contributor Level 13

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    Answered . She needs an attorney and she needs one now. The statute of limitations is three years from the date of the crash though for the children that is extended until their 21st birthday. However, she would be doing them a disservice to wait. The fact that the insurance company keeps calling means that they have some concerns about the crash and they are trying to get this busy mother to agree with their offer, which it is a certainty that it is too low. Have her contact and interview a reputable personal injury attorney and that take that care off her shoulders. I am sure that she would appreciate not getting those calls at home.

  3. Beau D. Harlan

    Pro

    Contributor Level 8

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    Answered . Yes. They should get in to see a lawyer ASAP. If the collision occurred in Washington the statute of limitations is 3 years. If they don't file a law suit within that period of time, they will be barred from recovery. As a practical matter, they will never receive full and fair compensation for their harms and losses from the insurance company without the aid of a plaintiffs personal injury attorney.

  4. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . She needs counsel TOMORROW!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Jason Henry Schauer

    Contributor Level 11

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    Answered . Get counsel immediately. My reviews here on avvo are just one example of the fair ampunts recieved with competence representation. I have obtain ten, twenty or more times what these insurers offer unrepresented injured claimants. You have three years to file suit or will recieve nothing. Good luck.

  6. Jacob Brian Smith

    Contributor Level 16

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    Answered . I agree with the other attorneys. Do not wait any longer as many attorneys will not take cases too close to the statute of limitations date. Most of us offer free consultations and only collect money when you do. Good luck.

  7. William John Carlson

    Pro

    Contributor Level 11

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    Answered . The time to get help with this is now, not 30 or 60 days before the Statute of Limitations expires. Even if you have to personally take them to talk to an attorney, do it. Cases do not improve with age and there is no good reason to delay.

  8. Christopher B. Rounds

    Pro

    Contributor Level 10

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    Answered . What is she waiting for? Most attorneys who handle personal injury cases will meet with prospective clients for free. In addition, they only get paid if and when they recover money from for the client. Finally, even if she eventually has to pay the attorney a percentage of the recovery, it is extremely likely that she will get more money with an attorney than without an attorney. (Insurance companies almost always "discount" the settlement value of a claim where the injured party doesn't have insurance).

    If the accident happened in Washington, the statute of limitations is three years, but it is crazy to wait any longer.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Get a lawyer pronto

  10. Christopher Michael Davis

    Pro

    Contributor Level 17

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    Lawyer agrees

    Answered . Most personal injury attorneys will meet with potential clients free of charge to go over their claim and see if they could benefit from hiring an attorney. Also, more times than not, attorneys are hesitant to take on a case when the statute is near so the sooner you call attorneys the better chances you have of hiring the best possible representation.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more

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