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lil.red | Should I try to sue this insurance company? |
My son was hit by a car while riding his bike. He had an injury to his knee. Nothing serious. Has to wear a brace and use crutches for a couple of weeks.The woman who hit him was very nice and apologetic. She gave me her insurance info. They called me and said they would cover any medical bills and a reasonable amount for pain and suffering. My ex husband, my son's father, wants me to talk to a lawyer. The police told me it wasn't her fault since my son was on the wrong side of the road, then why is the insurance company so eager to pay? I would appreciate anyone with experience with these sort of things to give me their opinion. Thanks. |
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MSAD
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Your son's claim is worth what it's worth - regardless if there is an attorney involved. A lawyer will handle the claim for you....and his fee will be 1/3 of any settlement your son gets. The insurance company does not increase the settlement just because you have an attorney.
If the insurance company is ok to get along with and working with you - I see no reason to give 33% of your son's money to a lawyer.
My two cents worth- continue working with the insurance company. If at any time - you get tired of working with them and it's worth it to you to give a hugh chunk of your son's money to a lawyer - go hire one then.
Also - claims for minors usually have to be court approved. That means a judge signs off on the settlement amount. This helps to ensure that the minor gets a fair settlement and that the money is held in trust for the minor until he turns 18. |
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Roger M
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1) You cannot sue the insurance company, they were not even there.
2) You could sue the person who hit him.
3) Based on the police statement, I would take what was offer by the insurance company. |
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src50
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You cannot sue the other party's insurer - they are not a party to the accident. You can try to negotiate a settlement with them, but they have no real incentive to be responsive. In that case, you would have to sue the other driver. |
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mythoughts
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Your insurance company will try to offer you a settlement. If it's not acceptable to you then you need to let them know that. I would not settle with them until you know that your son's knee is going to be ok. If the insurance company refuses what you want then you get a lawyer. Until then, I would just see what happens w/the insurance company. It may be too that the lady that hit him only has a certain amount of liability available. If that's the case and it's all exhausted then the insurance company only has to pay that amount out. At that point you would have to sue the lady...not the insurance company. |
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MavistheMaven
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The insurance company isn't 'eager" to pay, but since it seems to be a straightforward claim, it's easy for them to handle. They're being nice, because why not? It's also good public relations for their company. Maybe you'll like the way they handled the claim enough to switch to them in the future. Most routine auto accident claims are handled quickly and nicely.
Even though your son was technically to blame for being on the side of the road, it is always the driver's responsibility to look out for pedestrians and bicyclists. If the claim had been bigger, the driver's insurance company might have sued saying he was in the wrong, but his expenses probably cost less to pay than a lawsuit would.
If you want to call a lawyer, nothing wrong with that. They will usually give you a free consultation. I would guess that they will tell you your son's injuries, pain and suffering are not severe enough to justify a lawsuit for more than the insurance paid. Also, he's going to be fine, so there's no justification for more money. But it can't hurt to ask, if only to set your mind at ease and make the ex happy. (Changing the story to say he will continue to suffer would be fraud, by the way - just in case the ex had any ideas along those lines.) |
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TedEx
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It sounds like an obvious claim.He was involved in an accident, it was the fault of the driver, and now they are willing to offer a settlement which will cover the expenses that were incurred.
What's wrong with that, or would you rather make some money off your son's misfortunes??? |
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danellagiselle
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You do not have to sue the insurance company, but it is not a bad idea to consult a lawyer. I will always talk to a lawyer particularly in cases like this, moreso, a car accident, whether I was the victim or otherwise. I can assure you, the other party also consulted a lawyer. |
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