In Feb, I was rear ended while stopped at a light. The other driver's
insurance initially took 100% responsibility, but 1 week into things
"re-assigned" my case due to differences between what I say happened
and what she says happened (unfortunately, no police report was
filed). Basically, she asserts that it was a minor fender bender;
however, she hit me hard enough to push me into the car ahead of mine
(which left the scene) and warp my rear axle.

Due to a lack of communication with the other insurance company, I
decided to mitigate the loss through my insurance company to expedite
the repair process. I have already received notice from my insurance
that they are pursuing reimbursement from the other company.

Because of the treatment I have received thus far from the other
company, I am currently contemplating obtaining counsel...will my
hiring of a PI attorney override my insurance company's efforts for
reimbursement? or will the PI attorney just work on what I have paid
out and the PI portion?

On 23 Jul 2004 18:23:17 -0700, jenn_wilson@verizon.net (CaliGirl)
wrote:
In Feb, I was rear ended while stopped at a light. The other driver'sinsurance initially took 100% responsibility, but 1 week into things"re-assigned" my case due to differences between what I say happenedand what she says happened (unfortunately, no police report wasfiled). Basically, she asserts that it was a minor fender bender;however, she hit me hard enough to push me into the car ahead of mine(which left the scene) and warp my rear axle.Due to a lack of communication with the other insurance company, Idecided to mitigate the loss through my insurance company to expeditethe repair process. I have already received notice from my insurancethat they are pursuing reimbursement from the other company.Because of the treatment I have received thus far from the othercompany, I am currently contemplating obtaining counsel...will myhiring of a PI attorney override my insurance company's efforts forreimbursement? or will the PI attorney just work on what I have paidout and the PI portion?

If your insurance company is compensating you in full, just let them
handle it. Let them hassle the other company or the rear-ender in
subrogation. It's a lot of trouble you don't need.

If you believe you aren't being made whole, then see an attorney. But
remember that you aren't entitled to recover twice or enrich yourself
from the incident. If your insurance company is making you whole,
well, that's what you have insurance for.

--
Not a lawyer,

Chris Green

If your insurance company is compensating you in full, just let them
handle it. Let them hassle the other company or the rear-ender in
subrogation. It's a lot of trouble you don't need.

If you believe you aren't being made whole, then see an attorney. But
remember that you aren't entitled to recover twice or enrich yourself
from the incident. If your insurance company is making you whole,
well, that's what you have insurance for.


Thanks for the input. My insurance company only covered property
damage and $500 of a $1500 rental car expense...those are the only
monies they are trying to recoup. In addition to that, I have medical
expenses exceeding 2K (which I have paid out of pocket), the rental
car balance and missed wages...which means am basically out more than
$5K at this point for an accident everyone agrees was not my fault,
which is why I am leaning in the direction of an attorney to recoup my
expenses. I'm just wondering if the hiring of an attorney will
override the insurance company's attempts to collect their expenses
for themselves.

On 24 Jul 2004 08:30:38 -0700, jenn_wilson@verizon.net (CaliGirl)
wrote:
If your insurance company is compensating you in full, just let themhandle it. Let them hassle the other company or the rear-ender insubrogation. It's a lot of trouble you don't need.If you believe you aren't being made whole, then see an attorney. Butremember that you aren't entitled to recover twice or enrich yourselffrom the incident. If your insurance company is making you whole,well, that's what you have insurance for.Thanks for the input. My insurance company only covered propertydamage and $500 of a $1500 rental car expense...those are the onlymonies they are trying to recoup. In addition to that, I have medicalexpenses exceeding 2K (which I have paid out of pocket), the rentalcar balance and missed wages...which means am basically out more than$5K at this point for an accident everyone agrees was not my fault,which is why I am leaning in the direction of an attorney to recoup myexpenses. I'm just wondering if the hiring of an attorney willoverride the insurance company's attempts to collect their expensesfor themselves.

Sounds like you really should be working with an attorney, then. The
sooner, the better, too. One reason is that injury cases can have a
short statute of limitations (1 year in California?). Another is that
you need to be careful what you sign: you wouldn't want to find out
that you agreed that your insurance company's payouts were
compensation in full or anything else that let the other driver or his
insurance off the hook.

--
Not a lawyer,

Chris Green

>Sounds like you really should be working with an attorney, then. Thesooner, the better, too. One reason is that injury cases can have ashort statute of limitations (1 year in California?).

2, now.




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