Question for lawyers

Instrument 41 · 09-01-2016, 05:55 PM

My son was in an accident about 5 months ago. Rear ended in his Miata, car was totaled, he wasn't hurt. I decided to use an attorney to help in getting as much as we could. The car was a 92 model with about 150K mikes. He just called and said the law office called him and said the offer was $1900. But that if he didn't like the offer they could go back to the insurance company. We aren't law suit happy but 1900 is nothing in regards to replacing his transportation. Never had to do anything like this. Does this sound normal or are there some red flags here?

KFC911 · 09-01-2016, 06:07 PM

What do you think the car was worth?

Instrument 41 · 09-01-2016, 06:27 PM

$2500??

winders · 09-01-2016, 06:31 PM

Quote:

Originally Posted by Instrument 41

My son was in an accident about 5 months ago. Rear ended in his Miata, car was totaled, he wasn't hurt. I decided to use an attorney to help in getting as much as we could. The car was a 92 model with about 150K mikes. He just called and said the law office called him and said the offer was $1900. But that if he didn't like the offer they could go back to the insurance company. We aren't law suit happy but 1900 is nothing in regards to replacing his transportation. Never had to do anything like this. Does this sound normal or are there some red flags here?

The red flag here is you hired a lawyer to handle something like this. It is not about replacing the transportation, it is about getting fair value for the car.

Unless the car was cherry, $1900 is more than fair......

impactbumper · 09-01-2016, 06:33 PM

x 2

rusnak · 09-01-2016, 06:56 PM

Let that be a lesson to you sue-happy people who claim not to be sue-happy.

stomachmonkey · 09-01-2016, 06:58 PM

Unless it was an exceptional example you can find them all day long for $2k.

As others have noted.

What's the mouthpiece going to cost you?

Is it really worth the hassle for the possibility, not guarantee, possibility of a couple of hundred bucks?

Sucks but sometimes it is what it is.

Instrument 41 · 09-01-2016, 08:31 PM

To Rusnak, I am not a sue happy person. Just want to make sure that he is compensated for his transportation. That's why we have insurance. This same kid was in a head on collision 5 years ago, not his fault. He was injured and the Honda Civic saved his life. (no lawyer involved) We pay premiums for how long and when we need to insurance to come through I felt it necessary to get a lawyer involved this time around.

As to the specific numbers I don't know till I talk to the office in the morning.

winders · 09-01-2016, 09:15 PM

Quote:

Originally Posted by Instrument 41

We pay premiums for how long and when we need to insurance to come through I felt it necessary to get a lawyer involved this time around.

Why? What did they offer before you got a lawyer?

What condition was the car in?

javadog · 09-02-2016, 06:53 AM

Insurance companies often use a third-party service to place a value on the car. Companies like CCC One do a "market evaluation" which is used to determine the value they offer. It's been my experience that the people that do these valuations know less than nothing about the process and the values derived from them are no better than what could be achieved with a dartboard and the local classifieds.

If the car wasn't a complete turd, get a copy of whatever they use to determine the value and see what it says. You don't need an attorney, you can do it yourself. I've been down this road a few times and negotiated much better settlements than what the insurance company first offered.

JR

dtw · 09-02-2016, 06:58 AM

You lawyered up on a ~$2K non-injury claim? Seriously? How does that math work?

1990C4S · 07:39 AM

Quote:

Originally Posted by Instrument 41

I decided to use an attorney to help in getting as much as we could....Does this sound normal or are there some red flags here?

It's a $2,000 car (or thereabouts). To get as much as you could you would represent yourself and move on. The red flag is hiring a lawyer to haggle over a few hundred dollars.

Quote:

Originally Posted by Instrument 41

1900 is nothing in regards to replacing his transportation.

Buy a $2,000 Miata.

Quote:

Originally Posted by Instrument 41

I am not a sue happy person.

Inevitably, when a 'sue-happy' person posts on PPOT, they make this claim, or a similar claim.

Seriously, I think you should ask for $2,100 and move on. I'm not sure I would use a lawyer for $10,000 let alone maybe $1,000 max.

1990C4S · 09-02-2016, 07:33 AM

Quote:

Originally Posted by dtw

You lawyered up on a ~$2K non-injury claim? Seriously? How does that math work?

He's going to get $2,000 for his $1,900 car. He's $100 ahead. Oh, wait...

flyenby · 09-02-2016, 07:55 AM

bumper sticker "Hit me I need the Money"

sammyg2 · 09-02-2016, 10:40 AM

Quote:

Originally Posted by Instrument 41

I decided to use an attorney to help in getting as much as we could.

The car was a 92 model with about 150K miles.

We aren't law suit happy but 1900 is nothing in regards to replacing his transportation.

are there some red flags here?

No one was hurt, the car was an old tired 24 year old worn out POS, and you lawyered up. RED FLAG.

The offer is most likely blue book, but it aint enough. RED FLAG.

Yes there certainty are red flags. You are trying to profit from this sitch and that is immoral and unethical.
Time for some self-reflection I think.

Hugh R · 09-02-2016, 10:46 AM

I'm surprised a lawyer, any lawyer, would take this on contingency. Even 30% is maybe $700 for his cut. Most lawyers won't answer the phone knowing that there is only $700 in it for them.

greglepore · 09-02-2016, 10:53 AM

You're confusing the car's utility to you with its market value. Legally, the later is the measure.

stomachmonkey · 11:23 AM

Quote:

Originally Posted by Instrument 41

...We aren't law suit happy but 1900 is nothing in regards to replacing his transportation...

Quote:

Originally Posted by KC911

What do you think the car was worth?

Quote:

Originally Posted by Instrument 41

$2500??

See that does not square for me.

They are offering you 75% of what you think it's worth but you are not sure yourself.

Had your answer been, the car is immaculate and our research shows cars in that condition are selling $x,xxx.xx I'd have a different impression.

Without anything to go on it seems the unanimous consensus here is $2,000 is about right so they've offered you 95% of replacement value.

Their offer would seem that it goes plenty far in replacing his transportation unless it was his intent to get a more expensive car.

I'm sure you know this already but they don't give you whatever your new car will cost, they give you what the old one was worth.

And the premiums you paid are just that, premiums you paid for coverage.

If his policy were $1,000 a year and he got rear ended in the first year they would still have had to pay out the full replacement value. In other words, they lost money.

I'm sure you would not have accepted their answer that "well you only paid in $1,000 so that's all you get back"

I can't imagine the premiums on that thing were terrible unless you had comp / collision which IMHO would have been a waste of money.

You don't pay for coverage that will cost you more in a couple of years than the replacement value of the item.

EDIT: In hindsight what do the premiums you paid have to do with anything? He got rear ended, the other drivers ins co is the one paying out, not yours. Unless you had comp on it and are expecting your carrier to make up the difference in what you think he should be getting for it?

If that's the case then you are already even. $2,500 -1,900 = $600 to your ins co to cover minus your deductible, which you'd be crazy to carry a low one, so assume $500 means your ins co owes you $100.00

Lotta trouble to go through for what we spend taking the family out to dinner on a Friday night.

YMMV.

ramonesfreak · ramonesfreak's Garage

Be honest, is your lawyer is recent graduate who is desperate for any work whatsoever?

I would never take such a case as this. Nor do i know any lawyers that would.

Possible if there was a personal injury case involved I might, as a courtesy to your son try to work something out with the insurance company regarding the property damage

I certainly wouldn't charge a contingency fee

When I saw the $1,900 you stated, the first thing I thought was wow that's a lot for that car

ramonesfreak · ramonesfreak's Garage

And I assume your not law suit happy comment suggests that at this point all your lawyer has done is send a demand letter or make some phone calls and you think that if you are not satisfied the next step is to file a lawsuit to get what exactly?

Gee wiz man the filing fees are going to cost more than what you might collect