Was In A Car Accident Last Year

[Laveau 67]

We were in an accident Aug 1, 2008. A man ran a red light and we t-boned him. We and guy at fault have ins. We had a witness, police came on the scene, blah blah blah. Our car was totaled. Catch: it was a brand new car and we didn't have GAP ins. So, our ins sent a check for the depriciated value of the car which left us still owing abt $4000 on the car that was wrecked beyong repair. So, we've been making car payments (for the remaining $4000 car loan balance) on a car we don't have. We hired a lawyer in August 2008 to handle the suing of this man's ins for damages. How freaking long do these cases take??? We've been sharing one car now for almost a year. We want the settlement so we can replace the car that was destroyed last summer. Called the lawyer last week. We get: "case is still being processed" Has anyone here been through something similar? Just wondering if it's normal for these cases to take so darn long.

Thanks In Advance,

Shal

[one...two...tree 2,762]

I would ask or demand my lawyer did tell me how much longer will this take and find out what the hold up is. It may be that he's waiting to see if the other man's insurance is willing to settle out of court. What percentage cut is this lawyer asking for and did you pay him anything upfront?

[Laveau 67]

I would ask or demand my lawyer did tell me how much longer will this take and find out what the hold up is. It may be that he's waiting to see if the other man's insurance is willing to settle out of court. What percentage cut is this lawyer asking for and did you pay him anything upfront?

Nothing upfront. His cut will be 30% (I think). I'll have to verify that. Kamran has been doing all the talking. It was his car and I was the passenger. He'll call again Monday and I will request that he ask those two questions that you recommend he ask. So, 10 months is a bit much for these things to be settled?

[Big Papa Zone 93]

Has anyone here been through something similar? Just wondering if it's normal for these cases to take so darn long.

Yes, and yes. In the UK, at any rate. I was in an accident, and without boring you with all the details, suffice to say I was a waiting settlement of a claim just like you are. It took over 2 years to complete. And that's the norm, btw (in the UK, I mean).

Edited June 12, 2009 by Damian P

[Laveau 67]

Has anyone here been through something similar? Just wondering if it's normal for these cases to take so darn long.

Yes, and yes. In the UK, at any rate. I was in an accident, and without boring you with all the details, suffice to say I was a waiting settlement of a claim just like you are. It took over 2 years to complete. And that's the norm, btw (in the UK, I mean).

Oh wow. Ok. So far it seems like it's not much different here. Sucks. But we learned something: if buying a brand new car, get gap insurance. I'm surprised that the ins co didn't explain what that is and recommend it when the car was being purchased. Oh well. Lesson learned.

[one...two...tree 2,762]

I would ask or demand my lawyer did tell me how much longer will this take and find out what the hold up is. It may be that he's waiting to see if the other man's insurance is willing to settle out of court. What percentage cut is this lawyer asking for and did you pay him anything upfront?

Nothing upfront. His cut will be 30% (I think). I'll have to verify that. Kamran has been doing all the talking. It was his car and I was the passenger. He'll call again Monday and I will request that he ask those two questions that you recommend he ask. So, 10 months is a bit much for these things to be settled?

Yeah. You've got to look at it from the lawyer's perspective - he hasn't been paid a dime to work on your case and he only benefits if he can get a lot of money out of this, so he's probably trying to bilk the other driver's insurance for an out of court settlement. You could fire him and then find a real lawyer who you'll probably pay a little upfront. No offense, but I don't think this lawyer you've got now is going to go out of his way for you.

Edited June 12, 2009 by Col. 'Bat' Guano

[Laveau 67]

I would ask or demand my lawyer did tell me how much longer will this take and find out what the hold up is. It may be that he's waiting to see if the other man's insurance is willing to settle out of court. What percentage cut is this lawyer asking for and did you pay him anything upfront?

Nothing upfront. His cut will be 30% (I think). I'll have to verify that. Kamran has been doing all the talking. It was his car and I was the passenger. He'll call again Monday and I will request that he ask those two questions that you recommend he ask. So, 10 months is a bit much for these things to be settled?

Yeah. You've got to look at it from the lawyer's perspective - he hasn't been paid a dime to work on your case and he only benefits if he can get a lot of money out of this, so he's probably trying to bilk the other driver's insurance for an out of court settlement. You could fire him and then find a real lawyer who you'll probably pay a little upfront. No offense, but I don't think this lawyer you've got now is going to go out of his way for you.

That makes a lot of sense. You're probably right.

[Ladylethal 12]

Ah yes, my family had a case in Brasil that took about 5 years for the final sentence and another 1 or so to finally get the money.

[Laveau 67]

Ah yes, my family had a case in Brasil that took about 5 years for the final sentence and another 1 or so to finally get the money.

Good grief!!!

[Ladylethal 12]

Yep, the highway was one of those private ones you pay big toll to pass through and there was a horse at 1 am on a curve, during a heavy rain and my brother hit it and it completely destroyed our car (killed the horse too, poor thing). Their contract says that they're responsible for maintaining all fences around the highway to prevent animals from getting into it and when we sued them they tried to say the fault was exclusively of the property owner where the fence was broken.

The judge knew right away we had the cause but bureaucracy is what made it so slow, as well as the defense stalling as much as they could.

[Laveau 67]

Yep, the highway was one of those private ones you pay big toll to pass through and there was a horse at 1 am on a curve, during a heavy rain and my brother hit it and it completely destroyed our car (killed the horse too, poor thing). Their contract says that they're responsible for maintaining all fences around the highway to prevent animals from getting into it and when we sued them they tried to say the fault was exclusively of the property owner where the fence was broken.

The judge knew right away we had the cause but bureaucracy is what made it so slow, as well as the defense stalling as much as they could.

Oh lordy. Good thing your brother wasn't hurt! Nevertheless, frustraing to wait sooooooooo long for compensation.

[Ladylethal 12]

Yeah, it was my brother, his wife, and both my parents in the car, they were all fine just my brother got some scratches in his arms from the front glass.

[perfect 39]

I had an accident in the UK - overloaded van drove into the back of my car while I was stopped at a roundabout! So even with personal injury and car written off - the case took 3 years to be resolved and believe me, it wasn't because I was dragging my feet!