Was rear ended on the highway

rhagfo wrote:

westernrvparkowner wrote:

sayoung wrote:

Cummins12V98 wrote:
"Be prepared to pay that "meanest junkyard dog lawyer" 40 percent of your money."

What happened to 1/3 plus expenses? I suppose it could end up being 40% but what I stated is Industry standard.

Personally I would represent my self for anything beyond basic replacement that your Insurance company should handle.

Around here 1/3 and 40% if case goes to court & you win a judgement. You go after the moron who was speeding ( unless the accident was on Tx Hwy 130, 85 limit) for every dime he has or ever will have.
My son the attorney likes to remind folks that anyone representing thier self in court has a fool for a client :S He is strictly a counselor for a major corp advising on policy's/procedures that keep them out of legal problems.

On what basis would you expect to win "every dime he has or ever will have?" Insurance is eventually going to cover the RV and the tow vehicle. Any injuries are going to also be covered by insurance. There apparently are not massive injuries, so any recovery for "pain and suffering" will be limited. Generally the standard is two or three times the amount of medical expenses unless there are permanent disabling injuries. Every auto accident is not necessarily a winning lottery ticket. The only thing bringing in a lawyer at this point will accomplish will be to take a couple of month's settlement time that the insurance company will take and turn it into a couple of years. Most people would rather just get on with their lives than wait on the legal system to grind out a settlement that is basically the same as they could collect today.

Insurances company's tend to pay out based on low retail, not replacement cost. You really need to fight to get a decent settlement.

You have to remember that sometime in the future you could start having medical problems directly as the result of the accident. This is why you go after the limits of the at fault persons policy and in the case of serious injury you go after more and throw in punitive damages. If the driver hit this rv from the rear while speeding or texting or whatever distraction, go after everything they own or ever will, you might or you might not win a judgement but is what needs to be done .
I get amazed on our major roads with the 75mph limit or 80 if in west Tx, this isn't fast enough for 60-70% of the drivers and blows my mind when 6 or 7 come around in the passing lane almost drafting like a NASCAR race. Your poor judgement causing a bad injury accident should bring conseqences