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Why am I unable to acquire a settlement from an auto insurance accident that was not my fault?

Milpitas, CA |

The insured party that hit me was at-fault and I am also insured. Me and three other people were parked at a complete stop when a negligent driver on their cell phone hit all four of us. I filed a claim and it has been a month and a half but the insurance company is eluding me. They also asked me to settle for $500 for personal injury. I feel I have been bamboozled.

Attorney Answers 11


  1. Most people who are unrepresented will receive a better result if they hire an attorney. Insurance companies either lowball you in the hope you will take the money, or they ignore you hoping you will go away.

    Contact a local personal injury attorney ASAP. Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Whenever you are involved in an accident and suffer any kind of injury, you will always be better off hiring a lawyer to represent you rather than trying to handle the matter on your own. You can pick any analogy which you like: performing surgery on yourself, getting into a boxing ring fighting Mike Tyson, or you name it. An insurance adjuster is trained to make the lowest offer saving the insurance company money. Ordinary people simply don't have the same training, making it difficult to get a fair settlement. My recommendation is for you to consult with a personal injury lawyer in your area. Almost all personal injury lawyers provide a free consultation and will handle your matter on a contingent fee basis, meaning it will not cost you any money to retain a lawyer as their fee will come out of the settlement. Good luck.


  3. Because without a lawyer anyone would either get #1. no money or #2. a tiny nuisance settlement. Get represented by a personal injury lawyer who will fight to get you the maximum possible compensation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. Bamboozled is a good word for what the insurance industry will do to you even though you were not at fault and their insured customer was at fault. A month and a half is nothing to wait for a settlement.

    Your claim is on the bottom of the claims adjuster's pile because you do not have an attorney indicating to the insurance company that you are in fact serious. The insurance industry's own statistics confirm that once an attorney is brought into a claim, the value at least doubles.

    Here's information on the claims handling process itself: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  5. If you were injured, you should hire an attorney immediately. Insurance companies are in the business of settling claims on the cheap and "bamboozling."

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  6. Any time that you are involved in any type of incident that involves an injury, you should immediately talk to a personal injury attorney, preferably from your home area. Our office for example provides free consultations in personal injury cases where we meet with prospective clients, evaluate their case, and map out possible courses of action that the client can take.
    Even if the attorney chooses not to accept your case, at the very least you will have had a face to face conversation with someone experienced in these types of cases. The attorney will either accept your case or guide you in your efforts to seek a settlement on your own. In some cases you may even benefit from pursuing your case in small claims court. It all depends on the facts and circumstances of your respective case.

    Insurance companies will attempt to save the most amount of money they can on any type of case, no matter the injury, so it is not uncommon to get low settlement offers or claims that drag on. That is why you should see what options you have for your particular case by talking to an attorney.


  7. Insurance companies are professional bamboozlers... and this should come as no surprise... they are in business to make money, and they do not make money by paying out money... as good as insurance adjusters and their lawyers are personal injury attorneys need to be too... the only way a person who has been a victim of someone else's negligent driving can level the field is to hire a competent and experienced personal injury lawyer. It really is that simple.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com
    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  8. they are lowballing you because you are not represented or if you are they have a jacket file on your lawyer and know they do not try cases. Contact a lawyer ASAP.


  9. I need more facts regarding your claim. It sounds like liability is ciear, but the viability of your claim depends upon damages which need to be established. Factors include, the amount of damage to your car, whether or not you were wearing your seat belt, whether you were injured, if injured when you first went to see a doctor, the amount of your medical bills, who paid your medical bills, whether you have health insurance, whether you still have symptoms from the accident and your previous medical history. If it was a minor accident, you can simply go to small claims court and sue the driver of the other car. If you believe that the insurance company is ignoring you, you can file a complaint with the Department of Insurance. Depending upon the foregoing dicates if you need a lawyer.

    The information provided does NOT create an "attorney client" relationship with JEFFREY E. ESTES, PROF LAW CORPORATION and JEFFREY E. ESTES, ESQ., and is based upon incomplete information at best. Therefore, the opinion rendered cannot be relied upon solely in making a decision. I would refer to the local Bar Association Referral Service for a name of an attorney that you can retain to give you a solid answer


  10. Given the limited amount of information you provided, it is difficult to give a comprehensive answer. I didn't see anything in your question about the amount of damages you sustained. If you did not have any bodily damages then the insurance company is providing a minimal amount to resolve any issues. The personal injury portion of these cases are determined by the amount of bodily injury you sustained. So from your question i can't tell if you sustained any personal injuries or not.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.


  11. The insurance company is negotiating with you. As with any negotiation they are trying to get a result that is best for THEIR business. If you demand more and they do not budge your'll have to take them to court. Your will obtain a better result with an attorney who is ready for court.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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