Do I need an attorney?

Be very careful with this and ensure it is brought up to any attorney. If the ride was never completed, then any involvement of the rideshare company might be in question within any discussions.

I’ll take a different approach here. Get Farmers to talk to your insurance company. Get anybody to talk to your insurance company. It is their job and in their best interest to protect you and to make others pay.

Maybe you get more money with a lawyer, but life is short and stressful enough as it is and unless you feel a specific motivation to truly pursue the other people, I’d get your expenses covered and move on with life. Just my $0.02.

Thanks everyone, appreciate everyone’s take and own experiences.

I’m talking first with my insurance broker, who I’ve been with since 1989. While she may have a vested interest in steering me away from an attorney, I want to hear her take, as 138 suggested. At the same time, a client of mine based in the same town where this happened has recommended the name of an attorney that she used and was pleased with. So I have someone to go with rather than pull a name out of a phone book.

What you want to ask about is Subrogation:

Example: Our car was hit in a parking lot. the offender’s insurance company tried to convince us to work with them directly and then offered a crap settlement that did not cover the repairs. We contacted our insurance company and through subrogation, they negotiated with the offender’s company to completely cover the repair. We never had to do anything after contacting our insurance company – it was entirely handled by them and the repair shop worked directly with them.

Thanks, that is very helpful!

FTFY

Insurers are going to do everything they can to cover the least amount as possible, including the at fault party’s insurance. This is why accident lawyers exist, because insurance companies will try to give you the least amount of money possible, when you could be entitled to more. One of the local accident attorney’s motto is “Show the insurance companies that you mean business”

Good luck either way you go.

I specifically meant tylertoo’s insurance company, in this particular case – not the offender’s company. The idea being that if the offender’s company won’t pay the full amount, tylertoo may file a claim with his own company. They definitely don’t want to pay for somebody else’s accident, which is why they have the subrogation process. Tylertoo’s company is motivated to go after the offender’s company and get the full amount of the claim.

That goes both ways though, the at fault’s insurance is going to fight every cent of that claim, they could ask for tons of medical records, ask for sworn statements at meetings to draw things out, get an additional 3rd party doctor to review and determine if the injuries were pre-existing etc. (I could go on) as their job is to protect their at-fault account holder and their own company. They are going to fight each other over this.

Just google “at fault driver’s insurance won’t pay” for plenty of fun examples of what should be simple and obvious cases where the at fault driver’s insurance won’t pay.

Also, you can totally wait to hire an attorney if it looks like the at fault driver’s insurance is going to cause trouble. If you hire a lawyer, they definitely will pay, because 90% of the time they will just settle rather than waste time fighting an injury attorney over details.

It really depends on the insurance company whether their collision claims are willing/able to go after sufficient pain and suffering and all that. Many aren’t.

Also, your lawyer will work with your insurance company, and your lawyer should be making your life very easy to earn that 50%.

I’ve rear-ended any number of 23-year-olds and left them feeling sore for days afterward. Muscle relaxant probably would have helped, now that you mention it.

The roofies weren’t enough?

I don’t think it’s ever come out in conversation here, but I have kind of a huge cock. There, I said it.

I bet your hens are big too.

They are when I get done with 'em.

I don’t know if anyone else responding here is an attorney, let alone a personal injury and insurance attorney like myself.

Definitely, at least have a consultation with a personal injury and insurance attorney in her state.

For example, the above information would be incorrect in many states, and for many insurance policies.

It may be correct in her state, but she really needs to find out from an attorney, before assuming that all her medical bills are going to get paid by her own policy.

Many states have auto insurance policies that only pay a certain percentage of medical bills, have a deductible, and have a maximum limit.

This is all stuff she should find out from an attorney.

Additionally, recovery from the other party’s insurance company depends on its coverage and limits, for example, in Florida, if they only have the minimal auto insurance coverage, it only covers property damage liability, and doesn’t pay for PI.

She would need to look at the uninsured or underinsured coverage on her policy, if it exists, and is applicable under her state law.

You should be able to get a free consultation from a personal injury and insurance attorney for her, who will answer all these questions.

She can then discuss her options.

One thing I do know, on a nationwide basis, unrepresented Plaintiffs settle for a fraction of the amount as Represented Plaintiffs.

Good luck.

Thank you, sir. Appreciate the time you took to write that out. And apologies for sounding dismissive of your profession in the OP.

I will be speaking today with my broker and ask these questions AND I will proceed with scheduling a consultation with the attorney who was recommended to me. That attorney is in the state where the accident occurred, not our state of residence (our daughter is in college in that state).

Thanks again.

To close the loop on this, my conversation with my broker was delayed until today. Once I explained that this accident happened in another state, she said ‘absolutely’ get an attorney. She said every state has different insurance laws and it gets very complicated, and an attorney in the state where it happened can work through all that for us. She also said my daughter should go to a neurologist no matter how she feels at the moment and get an MRI. I was impressed, particularly since those extra medical bills are covered by our policy with her firm.

Thanks again to all who replied. As mentioned, I have a solid recommendation on an attorney local to the accident site and will now be reaching out.

Excellent. Good luck, and hopefully that’s a perfectly clean MRI.