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Quote:
If you have to ask, you would be immune to any explanation
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She was the kindest person I ever met |
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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My lawyer recommended that I get a second or maybe even a third opinion from other counsel before going at it alone, so I am doing just that.
![]() Like I said, I'm not in a real hurry. Not desperate either... It would have been nice to settle this quickly and easily, sure. Just not totally necessary. KT
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'74 914-6 2.6 SS #746 '01 Boxster |
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Quote:
Lawyers are like weapons of mass destruction. Both sides have them, but once you use them, your world is all ****ed up. |
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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My limited experience with lawyers has been pleasantly refreshing.
I've met some very nice people. KT
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'74 914-6 2.6 SS #746 '01 Boxster |
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Run smooth, run fast
Join Date: Aug 2008
Location: South Carolina
Posts: 13,452
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KT, would your insurance company be willing/able to help with some advice, etc.?
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- John "We had a band powerful enough to turn goat piss into gasoline." |
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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I don't know.
Good question. KT
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'74 914-6 2.6 SS #746 '01 Boxster |
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Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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The four elements of a negligence claim are:
Duty Breach (of the duty owed to you) Damages Causation between the breach of duty and damages you suffered. Trek, don't get too worked up. You didn't do anything wrong and you haven't weakened your claim. Even well meaning, honest and forthright people need advocates from time to time. That's what you need right now, is an advocate. Insurance companies don't know you're an honest and forthright person. Most people they talk to are not, so they assume there's puffery invoved in every claim they see, until proven otherwise. That's where your advocate comes in. Believe me, most people making claims to insurance companies think they are owed more than they are entitled to. If they weren't we wouldn't need insurance adjusters, we'd just have 1 800 numbers for people to call in to, report their claim, and tell the company how much they should be paid. You need to get connected with a good lawyer who specializes in personal injury and insurance claims. Part of the problem is that consumers of legal services don't have any way to judge the quality of an attorney untill after the case is over because they don't have any frame of reference. The best way to find a lawyer who can help you is personal referrals from people who have used a lawyer recently. Ask around and then sign on with a lawyer who wants to take your case and specializes in the field. It shouldn't cost you a bunch of money. When a lawyer says it will cost a lot to prosecute your case, it usually means he doesn't want to take it on, or it means that he thinks you're fighting over principle and you don't have a chance to recover much money. Either way, it means you just didn't find the right person. Get a couple more referrals, tell the insurer that you're not going to be talking with them because you're getting lawyered up, and let your soon-to-be lawyer do the work for you. That way you know you got what the law says you have coming to you and you have your life to live without worrying about this. It will work out.
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MRM 1994 Carrera |
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Join Date: Jan 2002
Location: Long Beach CA, the sewer by the sea.
Posts: 38,307
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To MRM, yes everything is "puffery" because that is the appropriate counter measure when dealing with a company like Farmers and many more.
Back to nostatic's question: how did the 40K figure get determined? Is that an appropriate amount of puffery? As I posted before in this thread, loss of wages for self employed won't fly. Even it you were working for the last 10 years for someone else, your lost wages compensation would be that of state disability rates after any state disability income was deducted. IOW, you're screwed there. You have to carry your own policy for loss of income or assets as a result of an accident and injury. The system sucks in so many ways. |
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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Keep the comment coming.
Great posts. KT
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'74 914-6 2.6 SS #746 '01 Boxster |
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Run smooth, run fast
Join Date: Aug 2008
Location: South Carolina
Posts: 13,452
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Maybe it's time to call one of those personal injury law firms that advertise on TV.
Just ran across this... http://www.youtube.com/watch?v=IvPW087RiJ8 ...on this guy's website: http://www.bill-green.com/
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- John "We had a band powerful enough to turn goat piss into gasoline." |
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Not to make light of your situation KT but this is related and good for a laugh. Bob works for an insurance company and is getting lectured by his boss for not denying more claims.
Pour yourself a glass of wine - heck it's Friday make it a margarita! Hope this all turns out for you KT. |
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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I liked the video. Very realistic, I'm sure
![]() I've got my Jazz concert tonight to play in, so I'm feeling pretty good. I'll pour a glass when I get home. thanks for the laugh, D. KT
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JW Apostate
Join Date: May 2004
Location: Napa, Ca
Posts: 14,164
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The adjuster just called me.
"So have you made a decision"? I told her unless they have a reasonable offer I have no other choice but to hire a lawyer. She tried to get me to tell her who it is and how to contact, etc.. I said I'm sure they will know how to contact her. ![]() It felt good. KT
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Location: Long Beach CA, the sewer by the sea.
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She was just calling your bluff. Not that you are bluffing, but if you do have a lawyer, let her know who it is if she asks. Until she knows for sure that you have a lawyer, she won't budge would be my bet.
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When my claim was denied the next contact was from my atty. Almost two years later the claim was paid. They will try to drag you into the poor house.
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______________________ Craig G2Performance Twinplug, head work, case savers, rockers arms, etc. |
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Detached Member
Join Date: May 2003
Location: southern California
Posts: 26,964
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I got sued over a small car wreck once. The other side made the claim that just because the other guy happened to have medical insurance, doesn't absolve my insurance company of the medical bills. I think his insurance company went after mine for the medical costs. I was at fault.
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Hugh |
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