I need a personal injury attorney in LA for my daughter...
February 16, 2023 3:27 PM Subscribe
22 y/o daughter was broadsided last night while driving in LA...
My 22 y/o daughter was broadsided last night while driving in LA. She is safe, crash was witnessed, police agree she was not at fault. She paid off her 2018 Honda HRV literally a month ago and it was totalled. She is pretty beat up, scared but safe, but we expect the payout from our insurance will not nearly cover a comparable used vehicle. I am not in the mind to milk anyone but I expect we will be at least 10K short for anything comparable to what she lost and the at-fault driver has auto insurance.
I really appreciate any advice or guidance.
My 22 y/o daughter was broadsided last night while driving in LA. She is safe, crash was witnessed, police agree she was not at fault. She paid off her 2018 Honda HRV literally a month ago and it was totalled. She is pretty beat up, scared but safe, but we expect the payout from our insurance will not nearly cover a comparable used vehicle. I am not in the mind to milk anyone but I expect we will be at least 10K short for anything comparable to what she lost and the at-fault driver has auto insurance.
I really appreciate any advice or guidance.
Go to your local library and find a copy of "Car Accident Claims and Settlements - Nolo."
posted by dum spiro spero at 5:16 PM on February 16, 2023 [1 favorite]
posted by dum spiro spero at 5:16 PM on February 16, 2023 [1 favorite]
For a clearly totaled vehicle, her insurance should issue a check based on Kelly or Blue book values, and then they will be the ones to hash it out with the other insurance company; she should not have to deal with the other insurance company at all. She should push for the appraisal to be as soon as possible and for the highest possible valuation and then for the check to be issued as soon as possible but in my experience she has no real options past that. Even if she wanted to try to sue the other driver, it will take time and money, and may not yield more than her expenses.
I'm glad she is unhurt physically.
posted by beaning at 5:48 PM on February 16, 2023 [2 favorites]
I'm glad she is unhurt physically.
posted by beaning at 5:48 PM on February 16, 2023 [2 favorites]
Best answer: If it's at all possible, she should also go to her doctor and get checked out. Adrenaline is a hell of a drug, and things that didn't hurt the morning after can start to feel stiff/sore once the dust has settled. I'm sorry she (and you) are going through this.
I live in a different state, so I don't know how relevant my experience is, but when I had dashcam video of a driver running a red light and totalling my car, I also came out ~$10,000 behind on the car value. I had paid cash for ~$35,000 of car in June, and by December with fewer than 6,000 miles, it was totaled. The settlement for the property damage was ~$25,000. Everything that you can make special about the car, you should: did you get the floor mats? Tinted windows? Automatic electric windows? Heated rear-view mirrors? Rear windshield wiper? Electric drivers' seat? XM Radio? aftemarket in-dash GPS? Anything that makes it more valuable than the barebones beater that the insurance company is going to assume they have to replace can help.
If she needs some time to find a replacement vehicle, my at-fault driver's insurance covered up to 30 days of a rental at $30/day, even though I didn't have rental on my own insurance at the time. (I do now.)
posted by adekllny at 5:52 PM on February 16, 2023 [5 favorites]
I live in a different state, so I don't know how relevant my experience is, but when I had dashcam video of a driver running a red light and totalling my car, I also came out ~$10,000 behind on the car value. I had paid cash for ~$35,000 of car in June, and by December with fewer than 6,000 miles, it was totaled. The settlement for the property damage was ~$25,000. Everything that you can make special about the car, you should: did you get the floor mats? Tinted windows? Automatic electric windows? Heated rear-view mirrors? Rear windshield wiper? Electric drivers' seat? XM Radio? aftemarket in-dash GPS? Anything that makes it more valuable than the barebones beater that the insurance company is going to assume they have to replace can help.
If she needs some time to find a replacement vehicle, my at-fault driver's insurance covered up to 30 days of a rental at $30/day, even though I didn't have rental on my own insurance at the time. (I do now.)
posted by adekllny at 5:52 PM on February 16, 2023 [5 favorites]
That is rough, I'm sorry! Feel free to send the adjuster info on the comparable vehicles that are for sale at this time in LA, if they are significantly more than Kelly/Blue Book. Your insurance company will be seeking repayment from the other driver's insurance, so may not be interested in lowballing you on the vehicle's value.
I have a very little advice on personal injury attorneys. First, they should work on contingency. Second, some (in my area, the ones on billboards) tell their clients not to use their own health insurance, and direct them to the attorney's set of doctors. This inflates medical bills for the lawsuit, but I'd personally hire one who didn't play that game.
posted by mersen at 6:05 PM on February 16, 2023 [1 favorite]
I have a very little advice on personal injury attorneys. First, they should work on contingency. Second, some (in my area, the ones on billboards) tell their clients not to use their own health insurance, and direct them to the attorney's set of doctors. This inflates medical bills for the lawsuit, but I'd personally hire one who didn't play that game.
posted by mersen at 6:05 PM on February 16, 2023 [1 favorite]
Best answer: For an accident with two insured motorists… it’s way too early to be thinking about a lawyer. Has she talked to her claims adjuster? If the accident happened last night, I can’t imagine they’ve given you a number yet.
You should not be spending money on an attorney in this case. This is why you pay for insurance. You might not be completely happy with the result, but no honest or competent lawyer will tell you that they can bend the system to get you $10k more than they’re offering free and clear.
That said… you say she’s “beat up”? If she’s injured, things might get more complicated, especially if her own health insurance is inadequate. But you should at least start moving through the claims adjustment process before you start thinking about legal representation.
posted by mr_roboto at 6:14 PM on February 16, 2023 [9 favorites]
You should not be spending money on an attorney in this case. This is why you pay for insurance. You might not be completely happy with the result, but no honest or competent lawyer will tell you that they can bend the system to get you $10k more than they’re offering free and clear.
That said… you say she’s “beat up”? If she’s injured, things might get more complicated, especially if her own health insurance is inadequate. But you should at least start moving through the claims adjustment process before you start thinking about legal representation.
posted by mr_roboto at 6:14 PM on February 16, 2023 [9 favorites]
Have your daughter contact her insurance agent. They will do most if not all of the heavy lifting required for filing claims and handling communications with the other drivers' insurance carrier. It's literally their job to handle this kind of situation so you don't have to.
posted by RonButNotStupid at 6:51 PM on February 16, 2023 [1 favorite]
posted by RonButNotStupid at 6:51 PM on February 16, 2023 [1 favorite]
My ex husband was hit by a motorist while on a bicycle. The insurance company did their thing, but we also hired an attorney to sue the driver, and the attorney was able to get us an additional $40k from the driver's insurance. Your insurance company is not going to go to that length for you. You need a lawyer.
**These cases are always paid with a portion of the settlement! You should not pay anything up front! **
Go on Yelp and start calling around. If the other driver was clearly at fault, this will be an easy case to find an attorney for. Every lawyer wants a 30% take of a clear cut case.
In the meantime, document everything. Get checked out by a doctor, get a copy of the assessment. Take photos of all injuries with timestamped dates. Time missed from work, long term physical issues, emotional recovery, these all factor in to the settlement. Your lawyer will advise on this but it's good to start gathering everything from as early as possible.
posted by ananci at 7:13 PM on February 16, 2023 [1 favorite]
**These cases are always paid with a portion of the settlement! You should not pay anything up front! **
Go on Yelp and start calling around. If the other driver was clearly at fault, this will be an easy case to find an attorney for. Every lawyer wants a 30% take of a clear cut case.
In the meantime, document everything. Get checked out by a doctor, get a copy of the assessment. Take photos of all injuries with timestamped dates. Time missed from work, long term physical issues, emotional recovery, these all factor in to the settlement. Your lawyer will advise on this but it's good to start gathering everything from as early as possible.
posted by ananci at 7:13 PM on February 16, 2023 [1 favorite]
Response by poster: Thanks everyone. Yes she is pretty beat up. But frankly whether for her injuries or not I’m not sitting idle and letting her get shafted with a paltry blue book for a car she treasured and planned to keep another 5-10 years. Appreciate all of the advice.
posted by docpops at 7:33 PM on February 16, 2023 [1 favorite]
posted by docpops at 7:33 PM on February 16, 2023 [1 favorite]
She doesn't have to take the initial offer from the insurance company. They are required to compensate her for her actual loss, as well as missed work, doctor visit, car rental, etc. Your state has an insurance commission listed under the attorney general's website. They can provide some technical expertise if you need it. Document everything, she should keep a journal of any potential injury. Make sure you have names and contact information of witnesses, copies of any photos.
It's so distressing when your child is injured; I'm glad she's basically okay.
posted by theora55 at 6:53 AM on February 17, 2023 [1 favorite]
It's so distressing when your child is injured; I'm glad she's basically okay.
posted by theora55 at 6:53 AM on February 17, 2023 [1 favorite]
I'm a little puzzled by the idea that your daughter is not going to get full market value. The value I've always gotten is the cost to get it from the dealer. If you shop around private party, you should be able to get a nicer car than the totaled one. Yes, it's a huge pain, but it's not a financial loss. The at fault party is making her whole. Now if the situation were reversed then it can be completely different depending on what coverage she has.
I get it, we have a 2007 Honda Element that we bought new, less than 100K original miles, and you're just not going to find many comparable vehicles, if any. I hope every day that we don't get rear ended because it's essentially impossible these days to trigger the airbags on a 10+ year old car and not total it, even if there's no body damage. But the Blue Book value (or other ones that insurance companies use) tend to be very accurate for cars being commonly sold. Sure, if you've got a Saab from the 80s or something that doesn't come up for sale anymore, the value isn't going to be that accurate. You can push back by doing your own research, finding that there are no comparable cars for sale at the Blue Book price, but my guess is that won't happen.
As for pain, I always recommend you get checked out by a doctor. Whiplash is a real thing and can leave you unable to work for weeks even if it's "just" a sprain and nothing is broken. This isn't legal advice, I'm not a lawyer, but a close family member was one of those mediocre family attorneys and even in the 90s he would always tell people that you can alway get $5K for your pain and suffering. It's simply not worth it for the insurance company to research and possibly defend the case for less than that. So you might see if they are willing to compensate for that. Take lots of pictures. Document any loss of function or pain.
posted by wnissen at 5:19 PM on February 21, 2023
I get it, we have a 2007 Honda Element that we bought new, less than 100K original miles, and you're just not going to find many comparable vehicles, if any. I hope every day that we don't get rear ended because it's essentially impossible these days to trigger the airbags on a 10+ year old car and not total it, even if there's no body damage. But the Blue Book value (or other ones that insurance companies use) tend to be very accurate for cars being commonly sold. Sure, if you've got a Saab from the 80s or something that doesn't come up for sale anymore, the value isn't going to be that accurate. You can push back by doing your own research, finding that there are no comparable cars for sale at the Blue Book price, but my guess is that won't happen.
As for pain, I always recommend you get checked out by a doctor. Whiplash is a real thing and can leave you unable to work for weeks even if it's "just" a sprain and nothing is broken. This isn't legal advice, I'm not a lawyer, but a close family member was one of those mediocre family attorneys and even in the 90s he would always tell people that you can alway get $5K for your pain and suffering. It's simply not worth it for the insurance company to research and possibly defend the case for less than that. So you might see if they are willing to compensate for that. Take lots of pictures. Document any loss of function or pain.
posted by wnissen at 5:19 PM on February 21, 2023
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posted by citygirl at 4:50 PM on February 16, 2023 [7 favorites]