Was Rear Ended, Considering an Attorney

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druryj

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Coming up I-35 yesterday, cars in front of me were slowing down, and I got rear-ended pretty good. No one dead, no blood or broken bones, but man am I sore! Guy who hit me told the Trooper he took his eyes off the road for a second then just rear ended me. My vehicle has been towed to a repair facility, I picked up a rental car this morning. I went to hospital yesterday after the accident to be checked out. Cervical muscle strain is all they found (so far). I know my insurance is good; the Highway Patrol report shows he had Progressive Insurance. Do I need an attorney for a case like this and does anybody have any recommendations?
 

KOPBET

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... the Highway Patrol report shows he had Progressive Insurance. Do I need an attorney for a case like this and does anybody have any recommendations?

This says it all...

Glad you weren't hurt, but since you weren't hurt what is an atty going to do for you besides drain your wallet? His insurance should pick up your hospital charges. You could always PM JB and see if a consultation is warranted.
 

yukonjack

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This says it all...

Glad you weren't hurt, but since you weren't hurt what is an atty going to do for you besides drain your wallet? His insurance should pick up your hospital charges. You could always PM JB and see if a consultation is warranted.

How is the attorney gonna drain his wallet since they take these cases on a contingency fee basis? I used Vaughn Conway when I got rear ended. He personally called me every single week to let me know what was going on. Most were just a couple of minute calls but it was appreciated. Without his help I'd been left floundering in a system that is rigged against everyone.
 

KOPBET

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How is the attorney gonna drain his wallet since they take these cases on a contingency fee basis? I used Vaughn Conway when I got rear ended. He personally called me every single week to let me know what was going on. Most were just a couple of minute calls but it was appreciated. Without his help I'd been left floundering in a system that is rigged against everyone.

If nobody is hurt and the guy has insurance, where's the contingency?
 

nofearfactor

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Been hit from behind twice, weirdly a few years apart on the same day- Xmas Eve.

The first time an off duty Tulsa cop says her soda bottle fell in the floorboard and when she went to pick it up the light was red and when she lifted up it was green so she hit the gas and in turn hit me who hadnt left yet. She just hit the far right corner of my Blazer and knocked out the tail light lens but being a 4x4 with a stout bumper not much else was damaged. Her club cab pickup got a bit of damage. We were all buckled in, me and my wife and her daughter neither of us were injured as she hadnt hit us that hard even tho the kid who was about 16 said her neck was 'kind a' stiff. We were on the way to a party but that was more important so we swung by the hospital to get her checked out. She didnt even get a ticket. BA police showed up and worked the scene and he didnt give her a ticket for anything. I went to their station on Monday to get a copy of report for my insurance and complained about it but was told it was up to the officer who worked it and he didnt feel a ticket was warranted. I figured that was just cops taking care of another cop, blahblahblah, such is life. She had the same insurance company as me also so it got settled in house anyways, but weird part was they called to set up a time for the adjuster to come by and make an estimate- the guy came out without even calling and did his thing apparently while I was in house unaware he was out there and he just left and a couple of days later I get a check for the apparent damage. *Growing up in the body&paint business I just went to the salvage and replaced the taillight myself and hammered out the small damage. Still. Some stuff was just weird with that cop and how it all got handled. The stepkids neck turned out ok and I got my stuff fixed so no harm no foul but it still seemed weird.

*At the scene, the BA cop cut her loose because she was late for her shift as patrolman in Tulsa. Check this out. He said I couldnt continue tho in mine with a knocked out tailight. I called BS. I said I was headed to OReillys to get some red film tape to fix it after we were done, if he wanted to follow me to make sure fine but I was leaving in that truck whether he had to give me 100 tickets. He just stared at me while I walked back to my truck started it up and drove off. Nope, he didnt follow me either. I saw him when I went there to get the report and I asked to talk to a supervisor about him and I made a complaint but Im sure after I left it became a paper airplane and they all laughed at me.

The second time the very next year it could have really been bad but we made it out ok somehow. Me and my stepson were in an Explorer from my lot heading out to grab his mom a Xmas giftcard from a book store on 71st St. We were on 169 going south about to turn off at the 71st st exit when we noticed it was clogged up due to an accident. I stopped right when the guy in front of me braked, so I did too, then I look in my rearview mirror and see a car coming at us and it didnt look like it was slowing down and I didnt have time to yell at the kid when she hit us full on since half of my truck was still on 169. My foot thankfully was still on the brake too and luckily she didnt propel us into the guy in front of us because of it and her car absorbed the bulk of the impact. We got out and went around to see if the girl and her friend were ok. She said yes. She said it was all her fault. I agreed. She was in a new Lexus and that car was totalled. Mine looked like nothing happened on the exterior, maybe a scratch, but the under carriage was kind of messed up, the spare tire was pushed forward and bent my exhaust, etc, but it was driveable after bending the pipe on that side a little. We were ok, had our belts on, not even a neck ache, so we refused ambulance, she and her girlfriend were ok too. Again, another State Farm person so it was handled in house. I took the truck to the Ford dealership tho to get it fixed right, this time I had the insurance guy met me there. The seat belt tensioners are a one shot deal so they had to be replaced and they actually were the most expensive part of it, the other stuff was easily repaired. (I also bought a Mustang GT while there- thats another story).

I didnt sue either accident because there was no need, everything got taken care of. BUT. IMO, having the same insurance company as the other party I think hinders that process. IMO. Im not an insurance pro at all.
 

yukonjack

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If nobody is hurt and the guy has insurance, where's the contingency?

The OP said they diagnosed him with a cervical neck strain. These types of injuries often progress over time. If he signs away his rights to recover for a token amount he's screwed. Best to call one of these injury attorneys who will offer you a free consultation. If you have no case or claim they'll tell you that. What does he have to lose by talking to someone?
 

SlugSlinger

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The last person to hit me had Progressive. They handled the claim in a satisfactory manner.

What is your reason to hire an attorney? Are you expecting to not be reimbursed for damages? Or are you going after punitive damages? Just curious why you think you need an attorney.
 

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