Mrs. Lee's car was totaled today. When is it time to hire a PI lawyer?

[Rick Lee]

She was not at fault. Car hit her hard from behind and pushed her into the car in front of her. USAA has already said she's not at fault. There was a lady from a PI law firm on scene by the time I got there 20 min. later. No idea how she found them. I'm sure we're not going to come close to being made whole on this with the payout for the total loss. Her injuries are a few pretty ugly bruises on her legs and she's limping a little, but swears she's fine. She got checked out at urgent care today and they ordered x-rays and prescribed a muscle relaxer. PI law firm is blowing up her email, text and vm, sent over an agreement with fees outlined. We both do not like the idea of suing someone over this, but again, whatever USAA gives for the car ain't gonna get her another one of equal value without some serious shopping and legwork. She recently put $1000 into new tires and I put $700 into PDR a few weeks ago, not that that's the at-fault driver's problem.

What to do here?

[speeder]

For starters, block the shyster that showed up at the accident and give your business to someone else. The only thing she deserves is a kick in the balls for behaving so unprofessionally. Report them to the BAR association. Seriously.

Then spend the best hour of your life, (in terms of ROI), on finding the most reputable PI firm in your area. You will get so much more than a new car out of this. Your wife was injured and someone needs to pay.

[craigster59]

I see thar Rafi guy on buses and billboards all over town, maybe give him a call?

J/k, glad she's OK. Denis has good advice. Injuries can appear weeks after car accidents. Make sure she's taken care of and you both are made whole at the end.

[sc_rufctr]

What Denis said...

[917_Langheck]

Do not ignore headaches. Keep track of any subsequent issues no matter how minor, and don't be shy about seeing a doctor. It takes time for some issues to manifest themselves.

Write down in detail the immediate events prior to and after the incident. This is for you and your lawyer should there be need. This will help keep clear what happened, because time degrades memory.

[Bill Douglas]

Yes, document everything. Sometimes the guilty party change their tune and aren't quite so friendly once they have calmed down and thought about it. A whole lot of photos hold up well in court or give your insurance company some ammunition. I have a dash cam now to keep everyone honest. Good luck.

[sc_rufctr]

Originally Posted by Bill Douglas

Yes, document everything. Sometimes the guilty party change their tune and aren't quite so friendly once they have calmed down and thought about it. A whole lot of photos hold up well in court or give your insurance company some ammunition. I have a dash cam now to keep everyone honest. Good luck.

This!

[rfuerst911sc]

Your wife says she feels OK now , unfortunately that may change in a few weeks or months . I hope that is not the case . As others have said document everything while it's fresh in her memory . Catapult the ambulance chasing lawyer into the ocean . Seek out your own lawyer if that is needed . Good luck .

[Dixie]

Originally Posted by Rick Lee

We both do not like the idea of suing someone over this, but again, whatever USAA gives for the car ain't gonna get her another one of equal value...
What to do here?

First, y'all should stop feeling guilty about retaining a lawyer. The entire point of insurance is to make Mrs. Lee whole. Not just her car, but more importantly, her health. Unfortunately that something the insurance company will likely try to avoid.

I'd encourage her to talk to several law firms. See what they say, and then pick one she's comfortable with.

[onewhippedpuppy]

In addition to what Denis said, fully document your car’s condition including recent major maintenance, repairs, features, and current mileage. Then start looking for comps, preferably in your area but go wider radius if necessary. Seek out cars with similar mileage, features, and condition, not just anything close. That way when (not if) they send you a low ball with ridiculous comps you’ll be loaded to respond. You don’t have to accept their first offer!

My daughter was rear ended by a USAA member at a stoplight, no fault. In addition to USAA being an absolute nightmare to deal with they sent me a ridiculous lowball using comps that were 2-3x the mileage and in poor condition. I bombarded them with similar comps and ended up getting slightly more than I had just purchased the car for only 30 days prior.

[oldE]

Definitely do not settle right away. When my wife's car was rear ended, she suffered soft tissue injuries in her neck and shoulders. It took almost a year before everything healed.

[greglepore]

i had an s420 that was totalled by a rear end hit. It had a recent engine change, which I figured i would have to eat. I documented it and shockingly the other party's insurance paid significantly more than I expected, probably to keep me happy.

Injuries from this sort of thing aren't immediately apparent. I'd give it some time. Steer clear of any atty that wants to direct her medical care, common in 'high litigation" areas and shady af. The "doctors' involved are just billing machines to drive up the value of the case. But by all means any injury, including temporary soreness and bruising, is compensible.

[Roswell]

take pics of your wife's bruises / injuries. Before they start to fade. ASAP.

And move on identifying an attorney. Don't wait weeks. Again, allowing for due diligence, ASAP.

[id10t]

My son totaled his car right after replacing tires and an Optima battery (not cheap as you know).

Insurance was paying out on the car (turned a profit even) but we asked about the new tires and such, and they asked for a receipt. Receipt provided, and payout increased by the documented amount.

So you may get your tire money back as well as the totaled value of the car....

[astrochex]

Sorry this happened to your wife Rick. I would be concerned about whiplash in that accident.

I hope you find a good PI and that this works out as well as can for Mrs. Lee and you.

[Rick Lee]

Car looks a lot worse in person than in photos. She's feeling kind of sore today.

[sc_rufctr]

Ouch... I hope you're spoiling her.

[Zeke]

Nothing to add except be aggressive and do not comment or agree to anything. The only thing to keep in mind is the statute of limitations. My wife suffered life altering injuries that didn't manifest for months. Sure, existing arthritis didn't help but that was never discussed.

A lawyer that was a Pelican reached out to us and he was certainly not an ambulance chaser, did what he could and we got nothing. So definitely find someone local (he was upstate) that does PI.

I hold no ill will but wish I had used a big firm that has the resources. There is a difference and the deck is stacked against you, know that going in. Man, any bruise now is a sure sign. I hope she isn't really hurt, not everyone is. But don't count on it.

[Rick Lee]

I have a close buddy who's an adjuster for a major insurer (not involved in this case) and he told me AZ has a two year statute of limitation for filing claims of this kind. We have been doing some research and have contacted a PI firm who does no advertising and gets pretty rave reviews.

[Shaun @ Tru6]

I thought the victim's car insurance fought for fair market value so it's incumbent upon USAA to "sue" the person's at fault insurance company for maximum value for you. That's the way it worked for me over 30 years ago, newer Mitisubishi rear ended my 88 Saab 900 Turbo with well over 200K miles on it. Guy's insurance company offered $800 for it. I said no way and my insurance company asked me to back up what I wanted. Gave them every single receipt and similar cars for sale on saabnet.com and they ended up getting $4400 for me.

USAA has to fight for you for what your car is worth and how much it will cost in out of pocket and time and the car itself.