After getting a lawyer Can I just take matters into my own hands?
By | Published: May 16, 2011
I was rear ended minor damages to bumper and I went to the hospital for whip lash. I had a previous accident in which my lawyer worked on, but this ine is so minor im thinking to just settle on my own. Thus far the lawyer contacted the adjuster for the damages and that is it. Is it possible for me to just talk to the insurance company myself? And how much can I get from such an accident?
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3 Comments
The reason an attorney is able to obtain a settlement from the insurance company is because he/she is a competent attorney. I don’t mean any offense, but the insurance company has no reason to fear you. You haven’t proven that you can win your case in court. The insurance company could probably send you a list of admissions and you would have no idea how to respond.
You mention that you had a previous accident which was worse than this one. This is an even bigger reason not to take this on yourself. You can be certain that the insurance company will use this information as their first reason to deny your claim.
The insurance adjusters are trained to pay out as little as possible, and they deal with motorists’ claims every day. The bottom line is whether through deception, legal procedure or trial, they know they can beat you. There is a reason you pay an attorney to help you with this; it takes a lot of hard work, education & experience. Surely you would not consider performing surgery on yourself would you?
If you have a lawyer working on this case, and you go behind his back and settle with the insurance company you will still owe him his fee, and what you get may not be as much as he can. Just let the lawyer handle this.
As a former auto adjuster will explain how this works.
Since you had a previous auto accident and this lawyer handled, you know how it works. When you settle, the lawyer takes his “cut” from your settlement to get paid. So you know that since this case is not worth a lot, think why not do on my own and “keep” the extra money that my lawyer will get if I do myself.
But for the lawyer to contact the adjuster, he would have to know the details of the accident, the insurance company, claim # and most likely the name of the adjuster handling. He would also have to send a letter of representation to the insurance company notifying them that he is handling this, so now with this letter the adjuster is FORBIDDEN to talk to you since you are represented and any settlement will go through the lawyer period.
Now you can handle by yourself and is done all the time, but YOUR lawyer needs to contact them in writing that you have fired/cancelled his representation so that they can go through you personally. But be advised that your lawyer may have a “lien” on any settlement and still get paid or may owe him for expenses of work already done.
I am guessing that before he contacted this insurance company you signed another agreement with him, so look at the contract you signed with him. Look for what he could get if you cancel this agreement or if he still can have a lien on any settlement you get.
Having a lawyer is no guarantee you will get more/less regardless of what others state. Since rear ended will be no dispute on fault, but if damages minor and only went to the hospital for whiplash, meaning treated and released, this is not going to be a big settlement period. I have had cases where we made an offer, they got a lawyer then after it was settled figured out that they ended up with way less after paying a minimum of 1/3, the standard for injury cases.
No one can tell you what your injury is worth, since we don’t have your file and medical records to review.
good luck