Auto accident - seeking attorney or negotiator (insurance, how much) - Raleigh, Durham, Chapel Hill, Cary - North Carolina (NC) -The Triangle Area - City-Data Forum

rmccarty · 10-14-2011, 01:09 PM

I'm seeking an good, reputable attorney for an auto accident. The case isn't worth much so I'm seeking someone to do an hourly rate or reasonable percentage.

What I really need is a good negotiator. Can someone who not is an attorney negotiate on your behalf?

I've done the research and know what the case is worth. The $$$ figure produced by my research was confirmed by speaking to a PI attorney about the case. I liked this attorney but the case is not worth him taking 33%.

Thanks!

CHTransplant · 10-14-2011, 01:14 PM

Is this for personal injury or property damage?

twingles · 10-14-2011, 01:49 PM

Standard payment is 33% - I've handled auto accident claims for years - I've NEVER seen an attorney lower their fee.

I doubt there are many negotiators out there who work on their own - the whole point of an attorney is to have the threat of a lawsuit hanging over the liable party. A person who is not an attorney or who isn't working for one probably would hold very little sway over the liable party or their insurance company.

Honestly if it's a small case you're better off dealing with the insurance company yourself. If it is one of the bigger insurers they will probably make you an offer anyway.

Now take all this with a grain of salt because I'm not from NC, I only worked in NY, one of the most litigious states in the nation!

goodtimes59 · 10-14-2011, 02:08 PM

Deal with the insurance company and don't let an attorney get 33%. You can negotiate yourself. Good luck!

Snarky Prof · 10-14-2011, 02:57 PM

As a former NY attorney, that's the standard rate pretty much anywhere in the US.

If it's not a big deal with respect to injuries or property damage, then go for it. But, if it is really serious, leave it to the professionals. Just do your homework and speak to several attorneys before retaining one.

rmccarty · 10-14-2011, 04:47 PM

Update: it's personal injury case.

I have all of the medical records and bills. I have submitted these to the insurance adjuster along with a letter describing the accident, what was experienced after the accident and the pain and suffering. The settlement offer they made was very low. I have not been successful at negotiating a higher, more reasonable settlement.

I must not be a good negotiator by phone. Maybe I'd be successful if I was a better negotiator. That's why I'm seeking to pay an attorney's office by the hour. I need a good negotiator.

twingles · 10-14-2011, 05:03 PM

Do you have any idea how much a good attorney charges per hour? Trust me, by the hour, or 33% - it's probably gonna be six of one and half dozen of the other. And honestly, you're probably not going to get much more with an attorney....I had a claim once and I offered the claimant (Bodily Injury) $7500 direct to settle. Three years, one lawsuit with all that entails (filing suit, Bill of Particulars, Depositions and so on) and we settled for $10K. Minus the 33% and the expenses the attorney had incurred she walked away with less than $7500. The insurance company may be giving you a slight low ball since you are saving the 33% AND you are getting a quick settlement.

If your attorney can't get a settlement that you are happy with, he'll have to let you go or file suit, and if you go the hourly route you'll REALLY be up the creek then. They will charge you for every single the staff has to do for your case (see above, writing up the complaint and so forth) AND they will pass the court costs on to you(every time you file something the court charges you).

It wasn't unusual when I handled to claims to get bills from our hourly attorneys for $7K worth of work in one month. Trust me, your hourly attorney has no vested interest in settling your case quickly. He'll get your case, make a phone call, and the adjuster will make the same offer he made to you. It's not a matter of you being a poor negotiator, it's a matter of your case being worth a certain amount. I'm not working here in NC so I'm not sure how BI claims are handled. In NY you have to meet a so-called "verbal threshold" - we would make offers to people who weren't going to make the threshold just to get them to go away and get the claim off the reserve books. But if those people got an attorney, we'd dig in our heels and put the screws to them and make them prove every inch of their case. Like I said, I'm not sure what the settlement criteria is here in NC, but unless you are absolutely sure you are reaching it, I'd think carefully about going the hourly attorney route. And this, by the way, is why most attorneys work on contingency.

goodtimes59 · 10-15-2011, 12:00 AM

Quote:

Originally Posted by twingles

Do you have any idea how much a good attorney charges per hour? Trust me, by the hour, or 33% - it's probably gonna be six of one and half dozen of the other. And honestly, you're probably not going to get much more with an attorney....I had a claim once and I offered the claimant (Bodily Injury) $7500 direct to settle. Three years, one lawsuit with all that entails (filing suit, Bill of Particulars, Depositions and so on) and we settled for $10K. Minus the 33% and the expenses the attorney had incurred she walked away with less than $7500. The insurance company may be giving you a slight low ball since you are saving the 33% AND you are getting a quick settlement.

If your attorney can't get a settlement that you are happy with, he'll have to let you go or file suit, and if you go the hourly route you'll REALLY be up the creek then. They will charge you for every single the staff has to do for your case (see above, writing up the complaint and so forth) AND they will pass the court costs on to you(every time you file something the court charges you).

It wasn't unusual when I handled to claims to get bills from our hourly attorneys for $7K worth of work in one month. Trust me, your hourly attorney has no vested interest in settling your case quickly. He'll get your case, make a phone call, and the adjuster will make the same offer he made to you. It's not a matter of you being a poor negotiator, it's a matter of your case being worth a certain amount. I'm not working here in NC so I'm not sure how BI claims are handled. In NY you have to meet a so-called "verbal threshold" - we would make offers to people who weren't going to make the threshold just to get them to go away and get the claim off the reserve books. But if those people got an attorney, we'd dig in our heels and put the screws to them and make them prove every inch of their case. Like I said, I'm not sure what the settlement criteria is here in NC, but unless you are absolutely sure you are reaching it, I'd think carefully about going the hourly attorney route. And this, by the way, is why most attorneys work on contingency.

To the OP, please read this post from twingles well. This is absolute truth. Forget about the attorney. Once they get you a possible small increase it will be offset by the fees they will charge and you will come out either break even or get less money than the insurance company offered in the first place.
Call the insurance adjuster back and tell them you will settle for say 50% more than they offered. Be firm but nice and present your case again to the adjuster. I have some experience with this on both sides and trust me the last person you want to trust at this point is the lawyer. However DYODD and the best of luck to you. Please let us know how it turns out.
God Bless!

rmccarty · 11-15-2011, 10:31 AM

Sorry for my delay. I've been a bit under the weather. Thank you to every one who and replied! It was all very helpful information.

RVAtoCNC · 11-15-2011, 06:11 PM

Quote:

Originally Posted by rmccarty

Sorry for my delay. I've been a bit under the weather. Thank you to every one who and replied! It was all very helpful information.

I don't know anything about your claim, accident date, or treatment dates, but trust me, you have a fair amount of negotiating left from their "first offer". If your accident was not long ago, then you need to discuss your lingering symptoms, and perhaps you need to let them know you perhaps need more chiro tx or PT, or maybe you need to see an ortho. surgeon and maybe get a couple MRI's. Make them think your tx may not be over, but be prepared to actually go this route if need be. Approx 30% or so of Americans over 30 have disk herniations which will be demonstrated by MRI. If you indeed have a disk herniation, or a torn tendon in your knee or shoulder, then the insurance co. is facing possibility you may have surgery, and their offers will become more generous - to settle your claim before something "bad" happens.