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Do I really need a lawyer?

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Do I really need a lawyer?

Old 08-09-09, 02:04 PM
  #1  
mrvrsick
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Do I really need a lawyer?

So I got hit yesterday, bike smashed and I got banged up a bit (no broken bones, It's crazy).

So obviously there's the mandatory medical/new bike/time out from work/dental (in my case) things she should pick up.

So do I really need one?
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Old 08-09-09, 02:08 PM
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ImRael
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No.

But you should get one.
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Old 08-09-09, 02:09 PM
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Talk to a Lawyer after you see a doctor and before you talk further with the driver, police & insurance companies.
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Old 08-09-09, 02:13 PM
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Get a lawyer, preferably one with accident/injury experience. The insurance company is sure as hell gonna use their's.
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Old 08-09-09, 02:37 PM
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Better safe than sorry - get a lawyer.
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Old 08-09-09, 02:44 PM
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If you get a lawyer, its going to be a pain in the ass. Just dont read what you sign
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Old 08-09-09, 02:52 PM
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Got into a real bad motorcycle accident once, hey it has 2 wheels too, I say get a lawyer.
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Old 08-09-09, 02:53 PM
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Originally Posted by cyclefreaksix View Post
Get a lawyer, preferably one with accident/injury experience. The insurance company is sure as hell gonna use their's.
+1

I wish I had contacted a lawyer when I got hit.

In my case, I found out after the fact that the woman involved and her husband were lawyers.

I got screwed.
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Old 08-09-09, 03:01 PM
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All I want is my bills paid and a new bike. Getting a lawyer seems a bit excessive, but I'm not familiar with this situation :/

Thank you all for the advice! Hopefully I'm back on two wheels soon
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Old 08-09-09, 03:16 PM
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ImRael
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Originally Posted by mrvrsick View Post
All I want is my bills paid and a new bike.

You need a lawyer.
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Old 08-09-09, 03:25 PM
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Originally Posted by ImRael View Post
You need a lawyer.
Rats.... Well, here I go
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Old 08-09-09, 03:45 PM
  #12  
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Get one(lawyer) Thats what they do!
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Old 08-09-09, 03:45 PM
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Another perspective here.

I got hit, the driver was ticketed, her insurance replaced my bike, my ruined clothes, my panniers (i was touring), bought my plane ticket home, paid my medical bills, and gave me a few thousand for pain & suffering.

No lawyer.

I've been told I could have got a lot of money with a lawyer, but I chose not to have that bitterness infecting my life for the many many months it would have taken.

If I had permanent injury, I probably would have decided differently, but I'm satisfied with what happened.
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Old 08-09-09, 03:46 PM
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I'm going to be contrarian and say you probably won't need a lawyer. Work with the insurance of the person who hit you. If they start to stonewall you then threaten to get a lawyer, that will usually loosen them up. If you still aren't getting what you think you should, then you get the lawyer. If you can get what you need direct from the insurance it will be a lot less of a hassle than if you start with a lawyer off the bat.
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Old 08-09-09, 03:54 PM
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If you find the insurance compensation to be unsatisfactory then I would consider it but keep in mind that the lawyer does not work for free. You may not do that much better then the insurance compensation after it is all said and done. Also keep in mind that, I am not a lawyer.
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Old 08-09-09, 04:33 PM
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Talk with a lawyer and see what you think. If you think that lawyer will be worth giving up 33% (approx) of the money for the service then go for it.
I was hit recently and I talked to a lawyer. In my case the lawyer wanted 33% of everything including the replacement cost of the bike. So I would lose money on the bike.
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Old 08-09-09, 04:41 PM
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I agree with 'umd' - see how discussions go with the insurance company first and then decide if they're not offering you a reasonable settlement. Keep good records and be careful not to sign anything accepting an offer for damages until you're absolutely sure you know the full extent of your medical issues and any other consequences of the accident. Sometimes there are latent injuries that don't show up for some time and you also want to be sure that the treatment is a full success.

You can always go to a lawyer later if the insurance company seems to be stalling or isn't offering a fair settlement.
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Old 08-09-09, 04:42 PM
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Originally Posted by mrvrsick View Post
All I want is my bills paid and a new bike. Getting a lawyer seems a bit excessive, but I'm not familiar with this situation :/

Thank you all for the advice! Hopefully I'm back on two wheels soon
A lawyer is not needed unless the insurance company refuses fair compensation. I've been hit twice and came out with $5,000 above and beyond my actual damages both times. The first time, the car insurance company refused to pay me anything. Eventually, they paid $12,500 and I got $6500. The second time, I did my own negotiation and still came out $5,000 ahead, even though I had NO medical expenses.

Fair compensation is payment of all bike and personal equipment damages - new not depreciated. They should pay all medical expenses. After enough weeks or months have passed to insure that you are not permanently injured, I wound insist on pain and suffering in the amount of twice the medical bills.

If you can get all that, a lawyer would not do much better, but the car insurance company would have to pay another $5,000 or so for your lawyer's expenses. They know that and would rather settle with you for less.
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Old 08-09-09, 07:00 PM
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Originally Posted by DaveSSS View Post
A lawyer is not needed unless the insurance company refuses fair compensation. I've been hit twice and came out with $5,000 above and beyond my actual damages both times. The first time, the car insurance company refused to pay me anything. Eventually, they paid $12,500 and I got $6500. The second time, I did my own negotiation and still came out $5,000 ahead, even though I had NO medical expenses.

Fair compensation is payment of all bike and personal equipment damages - new not depreciated. They should pay all medical expenses. After enough weeks or months have passed to insure that you are not permanently injured, I wound insist on pain and suffering in the amount of twice the medical bills.

If you can get all that, a lawyer would not do much better, but the car insurance company would have to pay another $5,000 or so for your lawyer's expenses. They know that and would rather settle with you for less.
generally speaking this statement is wrong. unless you had a new bike they dont owe you for a new bike.the current market value of the damaged bike, before damaged, is fair. later.
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Old 08-09-09, 07:06 PM
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Was a police accident report taken? If yes, you may want to see what it says, then see what the other party and/or their insurance company says. Even if no report was taken, see what the insurance company says as the insurance company may still treat you well. If it seems like they are treating you well, paying for all your losses, then I'd say why pay an attorney who is going to take a percentage of your settlement.

If you have any questions, talk to an attorney who will see you and evaluate your case for free, will only get paid when you get paid, and will add his expense to the settlement so that you don't have to pay the attorney out of your pocket.
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Old 08-09-09, 07:06 PM
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My last crash I got a lawyer. I would do it again, even if they do take a third. Let them mess with all the crap. That's what we pay them for.
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Old 08-09-09, 07:13 PM
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Speaking as an attorney, and be in known I am only licensed in North Carolina, and I do not do personal injury work,

YES, HIRE AN ATTORNEY - - AND DO NOT, DO NOT SIGN ANYTHING UNTIL YOU DO!!

DO NOT tell them what happened. Do not talk to her insurance adjuster on the phone, and tell him what happened. Get an Attorney. Let him earn his money and talk to them for you.

You just get well, get estimates for a replacement bike, dentist, travel time, lost wages, etc. Your ATTORNEY will tell you what to do.

when you have a cavity, you don't drill it yourself, do you? If you need a heart bypass, you don't do it yourself, do you? GET A LAWYER!!! This is what he does. He can help you.

To directly answer your question, NO. You do not "need" an attorney. You will come out much better, get your bills paid, reimbursement for your time, wages, medical bills, and pain and suffering with an attorney, but no, you do not have to hire one.

Good Luck.

RD

Last edited by rangerdavid; 08-09-09 at 07:18 PM.
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Old 08-09-09, 07:19 PM
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Originally Posted by rangerdavid View Post
Speaking as an attorney, and be in known I am only licensed in North Carolina, and I do not do personal injury work,

YES, HIRE AN ATTORNEY - - AND DO NOT, DO NOT SIGN ANYTHING UNTIL YOU DO!!
Advice like this is why the country is such a litigous mess. If the OP can get reasonable compensation they should try that first. Lawyers are an option if you can't get what you want but starting with the lawyers is stupid. You don't commit to anything by talking with the insurance first.
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Old 08-09-09, 07:21 PM
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My friend is an insurance claims adjuster. I'm pretty sure he said to hire a lawyer in these situations
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Old 08-09-09, 07:23 PM
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IF you go looking for a lawyer, I would also suggest one that is a cyclist or actively represents them.
More importantly, glad to hear that your injuries are benign. (though dental issues to me aren't benign. Heal quickly)
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