Better [not] call [me,] Saul!
November 4, 2013 8:20 AM   Subscribe

Help! I keep getting calls from personal-injury lawyers, and I can't make them stop!

Yesterday afternoon, I got into a minor car accident when another driver rear-ended me at low speed (I estimate 10 MPH, tops) at a stop light. My back bumper was scratched up but otherwise undamaged, although it did smash in the other car's grill and crumpled its hood. Both myself and the other driver were completely uninjured. We exchanged insurance information, and gave our information to a police officer who happened to already be on the scene before parting amicably. Later, I called in to my insurance provider (California Casualty) to report the accident, even though I did not anticipate truly needing any repairs myself.

Fast forward to this morning: In the past three hours, I've gotten roughly 10 calls from various personal-injury lawyers in the area. As I said, I wasn't hurt and I have no interest in engaging any legal services, so these are simply a nuisance.

ACTUAL QUESTION: I can only assume that this is an automatic thing that happens whenever somebody is in a rear-end collision, but how do the bus-bench hacks get my phone number in the first place? Is it from the police report, or could my insurance company be selling me out? I just checked the CalCas website, and their privacy policy seems to check out, but if there's any Mefites with insight into the inner workings of the Axis of Whiplash, I'd be interested to know.
posted by Strange Interlude to Law & Government (8 answers total)
 
Best answer: It's from the police report. You will also get quite a few flyers in your mailbox from both the lawyers and chiropractors. It will stop after a couple of weeks.
posted by something something at 8:25 AM on November 4, 2013 [1 favorite]


Best answer: Accident reports are generally public; injury lawyers troll these public reports for client leads and then call the numbers on the reports.

Just ignore the calls.
posted by dfriedman at 8:32 AM on November 4, 2013


Best answer: What state are you in? I'm surprised you are actually getting telephone calls, because in most states in-person or telephone solicitation by attorneys is prohibited by legal ethics rules and lawyers can get in serious trouble for it. The permitted method of contact is generally a letter.
posted by dcjd at 8:35 AM on November 4, 2013 [2 favorites]


Response by poster: I'm in Ohio, and I'm also on the national Do Not Call registry. Should I start writing these numbers down to send to the Ohio Attorney General?
posted by Strange Interlude at 8:38 AM on November 4, 2013


Best answer: The interpretation of this varies from state to state, but the Wikipedia entry on barratry ("Ambulance chasing") may be useful (thought you were in California there, I see now you're not). It won't stop new calls from coming in, but if you get multiple inquiries from a single firm, tell them you're going to report them to the bar for barratry or improper solicitation, and maybe harassment. They'll drop you like you're hot. Decide for yourself whether or not to complain.
posted by Sunburnt at 8:39 AM on November 4, 2013 [1 favorite]


Best answer: Unless I'm missing something, Ohio Rule of Professional Conduct 7.3 bans this kind of conduct. You can file a complaint with the Supreme Court of Ohio who regulates attorneys in your state.
posted by dcjd at 8:43 AM on November 4, 2013 [3 favorites]


Best answer: I wonder if the calls are from actual law firms, or some marketing firms that will sell your name to a law firm once you are a qualified prospect? Brazenly ignoring the law like that seems unlikely for 10+ firms. When my wife was injured in a car accident a few years ago and we actually needed a personal injury attorney I had to call them. We didn't get a single call here in VA.
posted by COD at 9:20 AM on November 4, 2013


Yeah, if I were in your shoes I'd answer the phone the next time you get a call and ask how they believe they are in compliance with Ohio Rule of Professional Conduct 7.3. COD may have it, these could be some sort of marketers that are interested in selling your contact information to law firms.
posted by craven_morhead at 2:25 PM on November 4, 2013


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