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Hit and run

J

jericho

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Minuteman
Mar 18, 2009
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#1
So a month or so ago a woman in a Honda CRV rode into my wife while she was cycling to work. Luckily it all happen at the change of a light(red to green),so not at a significant speed. My wifes injuries aren't major , but she will have to see a orthopaedic surgeon and there is damage to her bicycle. Anyhow, after she was hit, she moved out of the intersection to just get out of the way of traffic and when she turned around the women had high tailed it. Obviously as she had just been hit and was still in shock she didnt get the registration. She did contact the police though. Anyhow, I then a few days later went and sat on the corner and looked for the vehicle that matched the description and lo and behold I got a photo of the vehicle and registration. All done legally and above board. We both filled out police reports.
Long story short, they found the woman and she admitted to it. She has gone to court on the charges. I will find out tomorrow what happened there. Her insurance has just contacted us.

My question is, what is our best course of action now? Deal directly with her insurance , or lawyer up? Anything we should be mindful of?

Sorry for the long winded story. Thanks
 
#3
Re: Hit and run

Lawyer up. Dealing with her insurance will only get you screwed.
She went to court because of Hit and run. This is MAJOR,a nd a big time offense. Your wife should have been called as the aggrieved party.
good luck, and I hope your bride recovers well, and quickly.
 
#4
Re: Hit and run

Thanks gents.
I will know more dtails tomorrow when I go down to PD to get a copy of the report and find out what happened in court. Will keep you up to date.
 
#5
Re: Hit and run

See what the insurance company is willing to offer. The lawyer is going to take a fee, 30-40% of what you get. After you get an offer, go see an attorney and see how much more he thinks he can get for you. Tell him he only gets a fee on the money recovered over the amount that was offered to you.

My bet is the attorney will not take the case as he will not be making any money on it.
 
#6
Re: Hit and run

Be prepared for the long wait to be paid for damages. We see more and more uninsured motorist doing hit and runs at the shop I work at. Had a gentleman the other day that was hit by an uninsured and his insurance company paid for the damage. He still had to pay his $500.00 deductible. Finally after two years he got paid back by her. So if you wife is have back problems its probably best to use your own insurance. Because by the time they pay things could get worse.
Sorry to see it happened. Hope your wife is ok.

Sorry just noticed you said her insurance company called.
 
#7
Re: Hit and run

Get a lawyer now, and sue immediately, that will get the attention of her insurance company. You need to act fast because in cases like this the defendants will start to hide assets as soon as their identity is discovered. You need to make sure that your attorney works with the prosecuting attorney to be sure they follow this through to conviction. Do not let the state accept a plea of no contest. Because criminal matters move faster than civil matters, your best bet will be to use the criminal conviction to preclude her from any defense to the civil claims.

Also, be sure to take a look at your own insurance policies to see if they provide any coverage. For 99 percent of Americans, insurance is the only source of damages, so you need to be sure your attorney does a good job of finding ever policy that you can draw upon.
 
#9
Re: Hit and run

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jrb572</div><div class="ubbcode-body">Be prepared for the long wait to be paid for damages. We see more and more uninsured motorist doing hit and runs at the shop I work at. Had a gentleman the other day that was hit by an uninsured and his insurance company paid for the damage. He still had to pay his $500.00 deductible. Finally after two years he got paid back by her. So if you wife is have back problems its probably best to use your own insurance. Because by the time they pay things could get worse.
Sorry to see it happened. Hope your wife is ok.

Sorry just noticed you said her insurance company called. </div></div>

Thanks for the concern. She is having problems with her foot and knee, but at least she is alive and not worse.
 
#11
Re: Hit and run

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RJW</div><div class="ubbcode-body">See what the insurance company is willing to offer. The lawyer is going to take a fee, 30-40% of what you get. After you get an offer, go see an attorney and see how much more he thinks he can get for you. Tell him he only gets a fee on the money recovered over the amount that was offered to you.

My bet is the attorney will not take the case as he will not be making any money on it. </div></div>

<span style="font-weight: bold">WORST ADVICE EVER!</span>

Wow, scary bad advice. Look the real deal is that the lady is going to court for a criminal case i.e the government against her. Your wife will be called to testify and thats as much should matter on that topic.

If you chose to sue the lady than you need an attorney. You and the attorney will file suit against the woman. The woman is the liable party not the insurance company. Her insurance company will cover her liability up to whatever amount she was covered for, the woman will be on the hook for the reminder (if there is a remainder) of which you will have a hard time collecting.

The general rule is 3X medical. i.e. if your medical costs are $10,000 the general settlement will be in the $30,000 range. Your attorney (if pro-bono) will take 33% plus fees. Without an attorney the insurance company will offer you $5000.

So in the mean time while you're looking for an attorney, don't sign anything.

Most states have a 3 yr statute of limitations on personal injury claims...
 
#12
Re: Hit and run

You are so misinformed. As a lawyer and having worked in the insurance industry for 37 years, I see more people screwed by lawyers than not. The lawyer is in it to get money in his pocket. They will sell out a client at any point in time. If you think a lawyer is a white knight in shining armour, you have just seen way to many lawyer commercials on TV.

By the way, the statute of limitations for injury in Conn., is 2 years.

 
#13
Re: Hit and run

I am by no means a lawyer. However I am not one for lawsuits. But anyone who would hit someone on a bicycle the run is a total piece of SHIT. I would sue her for every penny I could get from her and her insurance company. There is no explanation for her to run.

The only problem you have to watch is if she is criminally prosecuted then the insurance laws change. I had a good friend that was shot accidentally by a jealous father. The father was shooting at the other person in the car. But he hit the wrong guy. In order for my friend to sue and win they could not prosecute the father for shooting him. Sounds crazy, I know. But this is a small town.

He was paralyzed for life. So he needed the $350,000 worth of insurance money. He actually got the money by suing his own insurance company. The guy that shot him had nothing. Tom.
 
#14
Re: Hit and run

Dont just get a Lawyer, get a Shark who reallly goes for the carotid artery. Play it right, here, and it could shorten you retirement date significantly. Good Luck.
 
#15
Re: Hit and run

The insurance company knows by now that they are screwed and cant get out of paying because their client ran. So talk to them and tell them to either pay up the entire amount of the womans coverage or your lawyer will get involved, cost them even more money in legal fees and still get the entire amount of her coverage. Worked when we got rear ended some years back while my wife was pregnant and the douche bag ran (but got cought).
 
#16
Re: Hit and run

+1 to all who say get a lawyer.

The insurance company has only their own best interest in mind when settling claims.
They don't work for the client and they certainly don't care what happens to the victim.
 
#17
Re: Hit and run

First off, I hope your wife gets better fast. Sometimes injuries like that can be chronic and come back on cold winter days, and sometimes never truely heal.

As for the hit and run, sue the hell out of her, even if she is judgment proof (not having assets). Then just keep ruining her credit and make her life miserable until she pays up, and as soon as she gets a job, have a judge garnish her wages. Driving is a privilege, and I am so sick and tired of people driving without regard to others, as well as with no insurance. WE PAY for those drivers without insurance. Don't get me started on CRIMINALS (undocumented workers they call it ? ) that are here in the country ILLEGALLY !

I have instructed my wife even if someone taps your bumper at a light, get a police report then and there. Its amazing what a 5 mph hit will do to the bumpers on new cars these days, even a small bump can lead to spider fractures ruining the paint job, which by the way can easily run $800+ if done right blending in a few different panels. Not to mention the depreciation of a car being in a accident.
 
#18
Re: Hit and run

I agree with lawyering up. Like plumbing, you can do it yourself, but there are parts and fitings you may not happen to have at the moment you need them. The difference is that in plumbing, if you come up short, you can just swallow your pride and call a pro. In DIY legal procedings, once it's done, it's often too late for a pro to unf__k it.
 
#19
Re: Hit and run

To get my recommendations for law school, I worked for an atty that only did personal injury and worker's comp. The Hiders that recommended you get an atty IMMEDIATELY are right on the money.

I have no dog in this hunt, but a personal injury such as your wife has can be problematic in the long run. Backs are prone to "go out" or have an issue that may not manifest itself for some time. Do not get in a hurry and settle quickly.

Call a lawyer and get the ball rolling.
 
#20
Re: Hit and run

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RJW</div><div class="ubbcode-body">You are so misinformed. As a lawyer and having worked in the insurance industry for 37 years, </div></div>

I think you just exposed your bias. You're an attorney for an insurance company....

I'll stick with the overwhelming opinion that the OP need an attorney ASAP!


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RJW</div><div class="ubbcode-body"> The lawyer is in it to get money in his pocket. </div></div>

p.s. Everybody in every profession is out to make a buck, otherwise they wouldn't do it...
 
#21
Re: Hit and run

You would all do well to heed the word's of RJW on this. You just don't know.
Unless you are a lawyer and will take a case like tis on a basic financial agreement for a fee of less than your typical 30% - 40% you may not know all that goes on here.
Some Pro Bono's will make an agreement to take something over what you are offered and make some quick work of it. They get whatever in the sum of a few thousand, adn you walk away with medical treatment for a year and maybe $10k - $25k.
If you have the financial wherewithall to stand a long drawn out case, thousands of dollars to hold in retainer($10k - $60k) you can win, but your return may not be more than the insurance will bear as the individual will not have anything of value.
Settle:
You are offered say $20,000 and medical coverage to end of treatment, no follow on. You ask a pro bono for that and to take his fee out of whatever he can get over that or if it looks better, his typical 40% if you receive more than teh 20k plus medical.
Consider all options, first time lawyer vist is usually free and go with what you feel you can withstand.

RJW, you may want to let them know a little experienced view on this from your 37 years + in this arena from both sides of the equation
 
#23
Re: Hit and run

There are opinions and then there are informed opinions. Consensus of an opinion does not make it the correct opinion. I would be interested in knowing why everyone is pushing for the attorney to handle. Like I said to many TV commercials extolling the virtues of the need for attorney representation.

I have seen to many claims with low policy limits and guess who took their full percentage of the recovery for their representation.

I have handled defense and plaintiff work. I have also filed complaints againgst attorneys for what I felt was unethical actions. I just don't like to see anyone get screwed. If an insurance company tries to screw someone, they need to be taken to task. To bad no one can go after the attorneys for what they do to people.
 
#24
Re: Hit and run

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RJW</div><div class="ubbcode-body"> To bad no one can go after the attorneys for what they do to people. </div></div>

The system does breed corruption.
 
#25
Re: Hit and run

Really the best thing to do depends on you and your wife. If you are intelligent, articulate, willing to research into how settlements are reached, and a good negotiator, you would be well-served to begin the negotiation without an attorney.

I am 18 months into a personal injury settlement negotiation that I have conducted on my own. The other guy's insurance adjuster offered me $11k after about a year, and as of last Friday he is up to $25k and he is seeking additional authority. Once we agree on an amount, currently I am demanding $36k, I am going to offer it up to any attorney who might want 40% of anything over and above the amount I have secured for myself.

If you don't like negotiating, maintaining detailed records, and "playing the game", pay a lawyer 40% of the total to do it for you.

I, and my treasure, am with RJW on this one.
 
#26
Re: Hit and run

A couple of real life cases.

32 year old male factory worker. Severe femur fracture. Over 40 grand in meds and 15k wage loss. $100,000 policy limits carried by the guy at fault. Attorney took $35k for writing three letters.

46 year old single mom. Killed by a drunk driver. 3 dependent kids. $50k policy limits...do the math and figure out what the attorney took.

I have seen way to many cases where people have jumped to an attorney and really ended up losing in the long run.

There has been a lot of reform in the insurance industry over the years. The many of the top insurance companies know that litigation is expensive so they evaluate claims the same whether or not the person has an attorney. That is why I say get an offer first and then see if an attorney will take your case and base a fee on the additional money he gets for you.
 
#27
Re: Hit and run

Lawyer?? no lawyer?? Lots of good advice here. I know I was sued. I went to a lawyer to represent me. He said there was no need for me to pay him $500. There was no way I could loose the case. But he would still represent me if I wanted him. I decided to save the $500 and represent myself. After the other lawyer was done with me-I ended up owing $2700. SO the old saying goes. Only a fool represents himself??

I think the fellows here who know are also probably right about not immediately hiring a lawyer. I am not sure. However there should be a lawyer out there that can be trusted to give you good advice. I think I would spend my time investigating for the best lawyer. Then trust the lawyer?? Tom.
 
#28
Re: Hit and run

When I had my motorcycle accident it was the fault of the semi driver and he and the company he worked for are liable for my injuries.My medical bills are past $2million and climbing.In addition I will need medical care etc. for the rest of my life.My wife was a paralegal for many years and we have a very good lawyer for a friend.Without his help I don't know what we would do.Find a lawyer you can trust first.
 
#29
Re: Hit and run

It's incredible how many people don't think about being accountable for their actions. As if it's okay to be a dumb ass and cause issues for others.

Talk about no class low life to not even stop in the first place.
 
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