My husband was in a car accident a few days ago after another driver rear ended him at high speed (state trooper estimated at about 50 mph based on damage). The other driver was ticketed and both cars are a total loss. My husband initially had pain in his neck and head and he was taken to a local hospital. Xrays were taken which were totally normal. He had mild to moderate pain for a day or so, but now feels 100% normal. He took a day off of work to rest and deal with the insurance. Of note, the other driver has the same insurance company as we do.
My father-in-law believes we should sue. My husband and I are not leaning toward talking to a lawyer and just going through our insurance company. Is there a reason we should talk to a lawyer? Thank you in advance.
Your first inclination is correct. Contact your insurance carrier. If you need a lawyer they will provide one for you.
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Well that's a question. Clear liability, property damage only - do you need a lawyer? Unless your husband drove a Gull Wing, probably not. The fact is that total loss payoff isn't all that debatable. A totaled 2008 Highlander is about $6000 every day, everywhere. I think if your insurance company refuses to pay that $6000, less deductible and salvage, then you have a problem. The solution may be to pay a lawyer to get the insurance company to see the light, but not more than is at stake. That might be hard to do.
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First of all, the only reason anyone has to sue is if an insurance claim doesn't yield a fair settlement.
Second, your husband absolutely should contact a lawyer.
A 50 mph total accident is a BIG collision. Your husband should protect his rights by contacting a lawyer and follow up with an orthopaedic doctor to verify nothing serious is wrong due to this incident.
WHY? Because a lot of times "soft tissue" injuries turn out to be more serious weeks, even months later. But even if they don't and he truly is 100% back to normal, there is some value to his case. Even though he only had ER and x-rays, there is still some component of "pain & suffering," and lost wages that can make the entire claim worthwhile for an attorney to handle. Suffice it to say, your husband will likely do much better with a lawyer, even after factoring in a fee for the lawyer, than he would alone.
The fact is insurance carriers always hold an advantage, and if you are not represented, they will assert it all the more.
Consultations are free and fees are contingent upon recovery.
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I do not think it is necessary to retain an attorney if your husband does not seek any further treatment. He may want to see an orthopedist just to make sure there is no serious injury.
Any time you are injured in a car accident, you should always consult with a personal injury lawyer about your rights. As the consultation will be free, there is nothing to lose, and potentially much to gain.
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Your husband may have more serious injuries that manifest later, so a personal injury lawyer should be retained. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
First things first. Your husband should get checked out by a reputable orthopedic doctor BEFORE he does ANYTHING. That big of an impact could have caused serious injury, X-rays are useless unless you want to know if a bone is broken. If he sustained orthopedic injury, he DOES need an attorney. If he was not injured, he has no use for an attorney.
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