Saturday, November 7, 2009

Help! I was rear-ended by a large, national company's truck driver?

I was rear-ended at a red light by one of the company's employee after I got off from work (Texas).





I spoke with a claims rep @company the employee works for. The claims rep says they will NOT accept any liability for any claims 'til she speaks with the employee %26amp; the investigation is complete.





The driver was at fault %26amp; was given a ticket. I have med bills, loss of wages (5 days), ER visit, physical therapy (3 weeks). I asked at-fault company for a loss of wage form -- she replied they have no such form %26amp; to contact my employer. I've inquired with the HR dept of my company. They state most companies DO have a generalized form for loss wages %26amp; which they will need to have in order to complete the request.





I'm not out to sue for $$ but would like to have my vehicle repaired, med bills/therapy/loss of wages paid, %26amp; etc.


My ?: If the company comes with an offer, am I obligated to accept it? Can I hire an attorney AFTER if should I don't agree with offer from at-fault company?
Help! I was rear-ended by a large, national company's truck driver?
no you don't have to accept the amount they offer you, but it would be wise to get a lawyer NOW, to get proper advice on how to handle the situation
Reply:Your not obligated to accept a offer





They better have Insurance on that employee to drive their truck or you can get a lawyer and get all damages including lost time for work plus court costs and lawyer fees.paid for.





It sounds like they didn't are they are just trying to scare you .from pursuing what has happened to you. Don' t give up.
Reply:I would hire a lawyer right away. It might be too late to hire an attorney by the time the company offers you money. No, you don't have to accept the amount they offer you. But you will more than likely need a lawyer to negotiate.





My fiance was in a wreck a little over a year ago. I am so glad he hired a lawyer. If he didn't we would have been left to pay all the medical bills. There are lawyers out there that will work for free untli they win your settlement, then that is when they get their money. That is how we did it. We didn't have to pay any lawyer fees at all. It all came from the settlement. Yes, it did take a year to settle this dispute but it was well worth it. So, don't try to handle this on your own. You will have much greater success with a lawyer. If you are still hesitant on using a lawyer, then at least call and talk to one. They may be able to give you some advise.
Reply:You are not obligated to accept their offer. Give them a chance to do the right thing and if they don't, then talk to a lawyer.
Reply:I was in a similar situation a few years ago, when a crane rear ended me. I was hoping to deal openly and honestly with the company, but they acted as if it was my fault and refused to pay. In retrospect I see they were bullying me. I needed an attorney to go after them and force accountability. My advice to you- seek legal help. A large company could very well bully you out of what's duly your compensation for lost wages, and damages. Learn from my mistake.
Reply:You're never obligated to accept an offer. If they make an offer, and you don't like it, you can negotiate back for a higher one, or you can retain a lawyer.





Remember, though, that whatever fees your lawyer is entitled to will come out of YOUR share, and will typically be 30% -40% of the total.





If the blame was clearcut, and their driver was cited at the scene, the company will probably make a fair offer to start with, because they don't want to throw bad money after good in paying a lawyer to defend a no-hope case any more than you want to give 30% or 40% of the settlement to a lawyer to ask for a bigger settlement.





Richard

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